LAW NEWS: Pennsylvania changes DUI prior conviction standard for sentencing

Posted by on Dec 12, 2014 in Blog, Blog Posts, DUI, New Laws, sentencing, Sentencing and Punishments | 0 comments

On October 20th, 2014, the Pennsylvania General Assembly passed a law changing the way courts handle prior drunk driving (DUI) convictions at sentencing. In Pennsylvania, you face harsher punishments if you have prior DUI convictions.  Before the change, prior DUI convictions only led to an increased punishment if the defendant was convicted of the prior DUI before committing the new offense.  With the change in the law, any DUI conviction that...

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BriefLaw: Commonwealth v. Haag

Posted by on Oct 29, 2009 in Case Law Summaries, DUI, sentencing | 0 comments

Commonwealth v. Patrick A. Haag, Sr  J-41-2009 (10/23/2009) Topic: DUI – Prior Offenses Summary: For a DUI offense to be a second or subsequent conviction for sentencing purposes, the offender must be convicted of the prior offense before committing the second or subsequent offense. http://www.aopc.org/OpPosting/Supreme/out/J-41-2009mo.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new...

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BriefLaw: Commonwealth v. Harry Galendez

Posted by on Sep 19, 2009 in Case Law Summaries, Parole, Probation, Search and Seizure, sentencing | 0 comments

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. 2.) Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not...

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BriefLaw: Commonwealth v. Christina Marie Houtz

Posted by on Sep 19, 2009 in Case Law Summaries, Probation, sentencing | 0 comments

Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009) Topic: Terms of Probation – Undue Restrictions Summary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to commit her offense, the trial court is not justified in prohibiting Internet usage as a term of probation. http://www.pacourts.us/OpPosting/Superior/out/s23028_09.pdf Share...

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BriefLaw: Commonwealth v. Jeffrey A. Madeira

Posted by on Sep 19, 2009 in Case Law Summaries, Mandatory Sentence, sentencing | 0 comments

Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009) Topic: Sentencing – Mandatory Minimum Summary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory minimum. http://www.pacourts.us/OpPosting/Superior/out/s37026_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new...

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In the News: Tough sentencing crowds prisons but does not lower crime

Posted by on Aug 23, 2009 in In the News, Mandatory Sentence, sentencing | 0 comments

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 Greenleaf, the harsh penalties he and fellow legislators enacted served to punish non-violent offenders more severely, but statistics indicate that crime in Pennsylvania has not...

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