In civil cases that involve the potential for related criminal charges, it is important to advise the client to proceed with caution so as to not incriminate himself in the subsequent criminal proceeding. To do this, it is often best to advise the client to plead the 5th Amendment against self-incrimination to questions that might incriminate […]
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Employers cannot consider mere arrests in hiring decisions
We are often asked by those recently arrested whether they should even bother looking for a job in light of the arrest. Pennsylvania employers are forbidden from considering a “mere arrest” when making hiring decisions. 18 Pa.C.S.A. § 9125 permits employers to consider felony and misdemeanor convictions as they relate to the type of employment at […]
Spousal Privilege – When Can a Spouse be Forced to Testify in Pennsylvania?
Does a spouse always have the right to invoke the spousal privilege, which in essence grants a spouse the right to refuse to testify against his or her spouse? Under Pennsylvania law a spouse has the right to invoke this privilege and refuse to testify against his/her spouse. However, there are exceptions in which the […]
THINK BEFORE YOU POST- FACEBOOK IS NOT A LOCKBOX OF SECRETS IN PENNSYLVANIA LITIGATION
Facebook helps you connect and share with the people in your life. But what if the people in your life want to use your Facebook posts against you in a civil lawsuit? In Pennsylvania, the answer is becoming clear – post at your own risk, for there is little expectation of privacy on Facebook. A […]
Is There Any Privacy In Your Cell Phone?
Many people do not know that cell phone companies retain data which can provide law enforcement with the location of a cell phone at the time of every call made from it. In September, thirty-five affiliates of the ACLU sent 381 requests to local law enforcement agencies to find out when, why, and how cell […]
