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Law Offices of Lance T. Marshall

May 2018 Archives

Divorce need not be adversarial

Although the divorce process can be contentious and adversarial at times, it certainly does not have to be. Sometimes, a marriage or a partnership just stops working. The legal term for this in Pennsylvania is an "irretrievable breakdown" of the marriage. And, if both spouses agree that divorce is the best course of action - and they remain amicable with one another - they can proceed with the divorce absent any adversarial court proceedings.

What does "implied consent" mean in Pennsylvania DUI cases?

Under Pennsylvania law, anyone with who is driving in the state - in exchange for the privilege to do so - is deemed to have consented to a chemical test to determine blood alcohol content or the presence of a controlled substance. This is known as "implied consent." What it means is that if a law enforcement officer has "reasonable grounds" to suspect that a motorist is driving under the influence, and may be charged with DUI due to use of alcohol or drugs, the officer can request that the motorist submit to a chemical test.

Dismissal of charges key to Pennsylvania criminal defense

A primary strategy that criminal lawyers use to defend their clients in Pennsylvania is to move for a dismissal of the charges filed against a defendant. This type of strategy is a key component of a strong criminal defense. The fewer charges a defendant faces, the fewer consequences the defendant will face as a result. Criminal charges are generally dismissed in one of two ways: by making a motion to a court or through negotiation with the prosecutor in the case.

Explaining double jeopardy in Pennsylvania

One of the clauses in the Fifth Amendment to the United States Constitution says "No person shall. . . be subject for the same offense to be twice put in jeopardy of life or limb . . ." This is known as the "double jeopardy" clause. What this means is that a criminal defendant in Pennsylvania cannot be tried twice for the same crime. Thus, a person charged a second time for the same crime could assert double jeopardy as a criminal defense to the charges.

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Law Offices of Lance T. Marshall
250 East Beaver Avenue
Suite 774
State College, PA 16801

Phone: 814-308-0422
Fax: 814-308-8552
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