State College Legal Blog

Kids really do need both parents after divorce

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in divorce on Thursday, July 18, 2019.

Your spouse files for divorce, and the first thing they tell you is that they're going to make sure you never see the kids again. They want to get full custody. They think it is best for the child if you are no longer a part of their life.

While there are rare cases where this makes sense, such as cases of abuse, most of the time it goes completely against what experts say is actually best for the children. In reality, it just represents what is best for your ex or at least what your ex thinks they want at that particular moment.

Do police need to tell you why they're arresting you?

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in Criminal Defense on Wednesday, July 10, 2019.

A police officer arrests you and puts you into the back of the squad car. You have no idea what you did wrong. Maybe you do not think that you broke any laws. You demand to know why they're arresting you. Do they have to tell you?

While they may choose to do so, law enforcement officers typically do not have to inform you why you're being arrested. They are not always required to tell you what's happening or why, especially if they do not think that it makes sense to do so at the time. Arrests are often chaotic.

Remember, the police are on Facebook

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in Criminal Defense on Thursday, July 4, 2019.

What you post on social media can have a drastic impact on your life. It could even impact a criminal case. Remember, the police also use Facebook.

Take, for instance, a case where police identified a gang member on social media. To get access to his posts, an officer simply sent him a friend request, which he accepted.

Factors that lead to intoxication

On behalf of Lance Marshall of Law Offices of Lance T. Marshall on Wednesday, July 3, 2019.

A charge of Driving under the influence (DUI) is a serious offense that will often lead to a major fine, suspension of your license and sometimes jail time. A DUI will not affect one’s federal financial aid, but individuals can lose scholarships and grants.

Different body styles will process alcohol differently. The popular way of thinking is that the smaller you are, the less alcohol you can consume before your drunk, but that’s not always the case. Size doesn’t always equal a higher drinking tolerance. One important factor tied to how alcohol will affect everyone differently is muscle to fat ratio. Those with a higher fat content will often experience the side effects of alcohol usage faster than those with a more muscular frame.

Undiluted alcohol hits you faster

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in dui defense on Wednesday, June 26, 2019.

It's important to understand how the different types of alcohol that you drink may impact you in different ways. This is especially important when considering whether or not you should drive after having a drink.

Researchers have looked into it to see how fast different types of alcohol "hit you" by being absorbed into your bloodstream. What they found was that the fastest absorption happened when people drank alcohol that was not diluted at all. This could mean taking a shot, for instance, or having a "neat" drink.

Reasons your communication issues could lead to a divorce

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in divorce on Thursday, June 20, 2019.

You may have heard that one of the top reasons for a divorce is that couples have problems communicating in their marriages. This lack of communication breaks down the relationship and eventually causes the spouses to head to divorce court. They may not have battled over major issues like infidelity, but regardless, the relationship fell apart over time.

Why does communication matter so much? Here are a few reasons why poor communication skills are such a problem in any relationship:

You start to feel like you do not know one another. People change over time. Your spouse may no longer be the same person that you married. Many people change together, but couples that can't communicate about their need for change often drift apart.
You run out of things to talk about and do together. One irony of poor communication is that it can make it nearly impossible to reconnect, even if you know it's a problem. You don't know how to talk anymore.
Your connection falters and then fails. You don't feel close. You might not have a single issue to point to, but you no longer want to be with this person anymore. You may both feel the same way.
When things go badly, you look elsewhere for support. You vent to your friends when you lose your job, for instance. You discuss your concerns and your dreams with others. You and your spouse do not support and uplift each other, and you start to question why you're even still married.

Can you get a DUI without drinking?

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in dui defense on Friday, June 14, 2019.

Most of the time, the term "DUI" refers to driving under the influence of alcohol. However, it's important to note that it does not only refer to alcohol, and you definitely can get one even if you have not had a single drink.

After all, you can certainly be under the influence of other drugs. These can impair your ability to drive. If they do, you could still face arrest, even when your blood alcohol concentration (BAC) comes back as .00%.

Divorce and the decline in household income

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in divorce on Thursday, June 6, 2019.

You and your spouse want to get divorced, and you have moved past it emotionally. You're not wondering if it's the right decision. You're not conflicted about how to break the news. Instead, you're focusing on the future.

One of your biggest questions is simply how you are going to make ends meet after the two of you split up. What types of changes could you see to your household income? Are you going to need a new budget?

How to get an Occupational Limited License after a DUI

On behalf of Lance Marshall of Law Offices of Lance T. Marshall on Monday, June 3, 2019.

A court of law has found you guilty of DUI. As a result, your driver’s license has been suspended. Many drivers with a DUI conviction worry about how to get to and from work. After all, you need to continue earning an income.

You have some options. If you qualify, the Pennsylvania Department of Motor Vehicles (DMV) can issue an Occupational Limited License (OLL). It allows you to drive to and from work, receive medical treatment and attend other qualifying events.

What does it mean to have a jury of your peers?

On behalf of Lance Marshall of Law Offices of Lance T. Marshall posted in Criminal Defense on Friday, May 31, 2019.

One of your rights when you go to trial for a criminal offense is that you get to have a jury of your peers. They are the ones who hear the case and then decide if they think you are guilty or not. What does it really mean? What is a jury of your peers?

Essentially, it's just a way to get a fair jury made up of citizens who could be considered peers of the person who is on trial. This is a way to reduce the chances of bias in the jury.