State College Criminal Law Blog

Getting stopped by a police officer in Pennsylvania can be intimidating, particularly if the officer proceeds to question you regarding your alleged involvement in a crime. If you are stopped and questioned by a police officer, it is important that you know your rights. A criminal defense attorney can evaluate your case and determine whether the questioning you endured was lawful.

Legally, a police officer is allowed to stop you and ask you questions if they have legitimate reason to believe you committed or helped commit a crime. However, under the Fifth Amendment of the U.S. Constitution, you are protected against self-incrimination. This means that you do not need to answer any questions that could expose you to criminal charges. The only information you are required to provide when asked is your name.

You may think that once you are arrested on DUI charges in Pennsylvania you are all-but-guaranteed to be convicted. However, the reality is that some people have their DUI charges dismissed, or at the very at least reduced. If you choose to hire a criminal defense attorney to help you, you may be able to use one or more of the following defenses to fight the charges against you.

Many of the most common DUI defenses relate to the legality of the traffic stop and arrest. A DUI arrest generally starts with an officer stopping a vehicle for a traffic violation. However, in some cases, the officer did not have probable cause to make that initial traffic stop, therefore making the ensuing arrest unlawful.

Over the past couple of decades, thousands of people nationwide have been arrested and sentenced to jail time for marijuana possession. According to current Pennsylvania state law, possession of even a small amount of marijuana, less than 30 grams, is considered a misdemeanor, which could result in a $500 fine and up to 30 days in jail.

However, many cities in Pennsylvania, including Philadelphia and Pittsburgh, have been working to reduce the penalties for possessing a small amount of marijuana. For the first time, the House Judiciary Committee voted in favor of House Bill 928, which states that possession of less than 30 grams of marijuana, for first-time or second-time offenders, would be a summary offense instead of a misdemeanor. The penalties for this summary offense would include a citation and a fine of up to $300.

A drunk driving accident may be one of the most devastating ways to lose a child. That's why the "Pennsylvania Parents Against Impaired Driving" group is pushing for change by demanding that lawmakers pass Senate Bill 961, which would increase penalties for repeat DUI offenders. The bill was approved by the Senate in April and later this month, lawmakers will return to the Capitol and will have less than 10 session days to pass the bill.

The bill makes some changes to the state's current drunk driving laws. Under current law, you will not be charged with a felony for drunk driving unless you kill somebody, even if you have multiple DUI convictions. However, under the new law, a DUI would be increased to a felony on the fourth offense, or increased to a felony on a third offense if the driver's blood alcohol concentration was at least twice the legal limit.