Blog, DUI, Mandatory Sentence
In Pennsylvania, Driving Under the Influence can be charged as low as an ungraded misdemeanor or as high as a felony. When a DUI can be charged as a felony under Pennsylvania Law If you are convicted of DUI and have more than three prior DUI offensesIf you are...
Blog, Case Law Summaries, Constitutional Rights, DUI, Legal Briefs, Mandatory Sentence
Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a...
Case Law Summaries, Mandatory Sentence, sentencing
Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)Topic: Sentencing – Mandatory MinimumSummary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory...
In the News, Mandatory Sentence, sentencing
Debra Erdley reports in the Sunday, August 23, 2009 Pittsburgh Tribune-Review that while “tough on crime” laws have served to increase prison populations, there has been no corresponding decrease in the crime rate. According to State Senator Stewart...
Case Law Summaries, Mandatory Sentence
Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009)Topic: Mandatory Sentence – Deadly Weapon EnhancementSummary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore,...
Case Law Summaries, Drug Crimes, Gun Crimes, Mandatory Sentence
Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009)Topic: Mandatory Sentences – Drugs in Close Proximity to FirearmsSummary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence...
