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# Bickerton Law Blog

News and Insights on Pennsylvania Criminal Law and Reputation Defense

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## Posts

- [Pennsylvania Post-Conviction Relief Act (PCRA) Basics (2026 Update)](https://bickerton-law.com/2026/04/24/pennsylvania-post-conviction-relief-act-pcra-basics-2026-update/) - If a defendant has mistakes in their case that weren’t fixed in the direct appeal or there was ineffective assistance of counsel, they can file a PCRA petition.
- [Firearm Rights Reinstatement in Pennsylvania (2026 Update)](https://bickerton-law.com/2026/07/17/firearm-rights-reinstatement-in-pennsylvania-2026-update/) - Can you get your gun rights back in Pennsylvania? Discover how to restore your rights after a 6105 prohibition, mental health commitment, or PFA in 2026.
- [Proposed resolution would study bail practices in Pennsylvania](https://bickerton-law.com/2026/05/14/proposed-resolution-would-study-bail-practices-in-pennsylvania/) - A bipartisan group of Pennsylvania representatives has introduced a resolution that would have the PA Sentencing Commission study bail in Pa.
- [Apple iPhone call recording and privacy issues](https://bickerton-law.com/2026/05/11/apple-iphone-call-recording-and-privacy-issues/) - iPhones have had a native app that lets users record phone calls since 2024. This feature raises questions about privacy issues and wiretap law requirements
- [Congress considering law that would create a “violent criminal offender” registry](https://bickerton-law.com/2026/05/08/congress-considering-law-that-would-create-a-violent-criminal-offender-registry/) - South Carolina congressmen have introduced a bill that would create a registry of people who have been convicted of violent crimes.
- [Washington County, PA parents charged after juvenile dirt bike crash](https://bickerton-law.com/2026/05/06/washington-county-pa-parents-charged-after-juvenile-dirt-bike-crash/) - Washington County, PA parents charged and given traffic citations after their child crashed a dirt bike.
- [City of Pittsburgh starts Market Square chaperone requirement for minors](https://bickerton-law.com/2026/05/05/city-of-pittsburgh-starts-market-square-chaperone-requirement-for-minors/) - City of Pittsburgh implemented a policy that requires people under the age of 18 to have a chaperone to be in Market Square between 3:00 PM and 12:00 AM
- [Scientology Runs: When a TikTok trend might be a crime](https://bickerton-law.com/2026/05/04/scientology-runs-when-a-tiktok-trend-might-be-a-crime/) - New TikTok trend has people running through Scientology buildings. These runs can be trespassing, institutional vandalism, and desecration of venerated objects
- [AI porn leading to criminal consequences in Pennsylvania](https://bickerton-law.com/2026/05/02/ai-porn-leading-to-criminal-consequences-in-pennsylvania/) - Pennsylvania State Trooper was convicted of using AI to generate illegal pornography on a government computer. AI use is on the rise. Some of it is illegal.
- [Pa State Police release statistics on Q1 2026 firearm background check denials](https://bickerton-law.com/2026/04/30/pa-state-police-release-statistics-on-q1-2026-firearm-background-check-denials/) - Pennsylvania background checks are up by 12.16% compared to the first quarter of 2025. 1.55% of the background checks were denied.
- [‘Gas station heroin’ leads to Fayette Cty overdose; PA bill pending](https://bickerton-law.com/2026/04/29/gas-station-heroin-leads-to-fayette-cty-overdose-pa-bill-pending/) - A person in Fayette County died from an overdose of tianeptine. Pennsylvania is currently considering a law that would make tianeptine a controlled substance.
- [Centre County police officer admits to putting false information in DUI reports](https://bickerton-law.com/2026/04/28/centre-county-police-officer-admits-to-putting-false-information-in-dui-reports/) - PennLive reported that a Centre County police officer admitted to falsifying several police reports by saying that he saw proof of impairment when he did not.
- [Smart Glasses might get you arrested in Pennsylvania | In the News](https://bickerton-law.com/2026/04/27/smart-glasses-might-get-you-arrested-in-pennsylvania-in-the-news/) - This morning, Android Headlines announced that Samsung plans to release new smart glasses later this year. These new glasses would join the Android XR glasses, the recently-announced luxury Google glasses, and Meta’s already available line of smart glasses. While people are already aware of the privacy problems this new type of wearable technology creates, not
- [Commentary: Post-Conviction Relief Act (PCRA) Basics](https://bickerton-law.com/2009/03/02/commentary-post-conviction-relief-act-pcra-basics/) - An updated version of this post is available here: Pennsylvania Post-Conviction Relief Act (PCRA) Basics (2026 Update) After a defendant has been convicted, he has a few options to challenge the conviction. Along with a post-sentencing motion and a direct appeal, one of the methods a defendant may use to challenge his conviction is a
- [DUI checkpoint: PA State Police announces holiday drunk driving enforcement](https://bickerton-law.com/2022/09/02/dui-checkpoint-pa-state-police-announces-holiday-drunk-driving-enforcement/) - The Pennsylvania State Police announced that they will be conducting a DUI checkpoint in Fayette, Washington, and Westmoreland counties over Labor Day weekend.
- [PA Governor announces special marijuana pardon project; relief only available until September 30th](https://bickerton-law.com/2022/09/01/pa-governor-announces-special-marijuana-pardon-project-relief-only-available-until-september-30th/) - Announced with Lieutenant Governor John Fetterman, the program would grant pardons to people who have been convicted of Simple Possession of Marijuana and Possession of a Small Amount of Marijuana. The program is free and is only available from September 1st to September 30th, 2022. To learn more about the program, go to https://www.pa.gov/guides/mj-pardon/
- [Back to School Law: Hazing and illegal initiations in Pennsylvania](https://bickerton-law.com/2022/09/01/back-to-school-law-hazing-and-illegal-initiations-in-pennsylvania/) - After a string of hazing incidents making the news, we're taking a closer look at what is or isn't illegal hazing in Pennsylvania.
- [New federal regulations for "ghost guns" and partially completed frames or receivers take effect](https://bickerton-law.com/2022/08/25/new-federal-regulations-for-ghost-guns-and-partially-completed-frames-or-receivers-take-effect/) - Firearms dealers are now required to complete background checks on anyone attempting to purchase the PCFRs or weapons kits that can be turned into a gun.
- [AI and the Law: A father took a picture of his child for medical treatment and ended up being investigated for child exploitation](https://bickerton-law.com/2022/08/23/ai-and-the-law-a-father-took-a-picture-of-his-child-for-medical-treatment-and-ended-up-being-investigated-for-child-exploitation/) - A San Francisco father was subjected to a criminal investigation after Google's AI incorrectly classified photos of his son as child exploitation.
- [Back to School Law: Stopping for School Buses and Slowing in School Zones](https://bickerton-law.com/2022/08/19/back-to-school-law-stopping-for-school-buses-and-slowing-in-school-zones/) - With Back to School season in full swing, it’s important to be aware of the laws that are specific to school buses and active school zones.
- [PENNDOT launches new Driver Improvement School](https://bickerton-law.com/2022/08/17/penndot-launches-new-driver-improvement-school/) - PENNDOT is starting a Driver Improvement School to give drivers the chance to avoid license suspensions and to have points taken off of their license.
- [A news article said that the law doesn't let drunk drivers sleep it off in their car. Is this true?](https://bickerton-law.com/2022/08/16/a-news-article-said-that-the-law-doesnt-let-drunk-drivers-sleep-it-off-in-their-car-is-this-true/) - Can you get a DUI if a police officer finds you sleeping it off in your car? The answer isn't necessarily simple. It all comes down to control of the car.
- [Brittney Griner was charged and sentenced in months. Why do court cases take so long in PA?](https://bickerton-law.com/2022/08/11/brittney-griner-was-charged-and-sentenced-in-months-why-do-court-cases-take-so-long-in-pa/) - Under Russia's system, Brittney Griner was charged, tried, convicted, and sentenced in less than six months. Should cases move that quickly in Pennsylvania?
- [When a TikTok trend is a felony: The Hyundai-Kia Challenge](https://bickerton-law.com/2022/08/06/when-a-tiktok-trend-is-a-felony-the-hyundai-kia-challenge/) - A current TikTok trend involves using a USB cable to steal certain Hyundai and Kia cars. This is considered to be theft and can come with a serious punishment.
- [COMMENTARY: Elon Musk says the US should "free some people in jail for weed here too." Is he right?](https://bickerton-law.com/2022/08/06/commentary-elon-musk-says-the-us-should-free-some-people-in-jail-for-weed-here-too-is-he-right/) - Tesla CEO Elon Musk reposted a meme on Sunday morning and tweeted, "Maybe free some people in jail for weed here too?"
- [New San Francisco DA rescinds 30 plea offers made under Chesa Boudin](https://bickerton-law.com/2022/08/04/new-san-francisco-da-rescinds-30-plea-offers-made-under-chesa-boudin/) - San Francisco's new district attorney, Brooke Jenkins, announced that her office was rescinding 30 plea offers made to defendants under her predecessor.
- [Former Trump adviser Steve Bannon requests delay in serving sentence. Is that normal?](https://bickerton-law.com/2022/08/02/former-trump-adviser-steve-bannon-requests-delay-in-serving-sentence-is-that-normal/) - Steve Bannon has requested to delay the start of his sentence for contempt of Congress. Do people usually get to stay of of jail during an appeal
- [Nursing homes suing family and friends of residents to collect debts](https://bickerton-law.com/2022/07/28/nursing-homes-suing-family-and-friends-of-residents-to-collect-debts/) - An investigation by KHN and NPR revealed that nursing homes across the United States are suing relatives and friends of nursing home residents to collect debts.
- [Pittsburgh-area emergency rental assistance program ends July 31st](https://bickerton-law.com/2022/07/27/pittsburgh-area-emergency-rental-assistance-program-ends-july-31st/) - The Allegheny County emergency rental relief program that has been providing rental and utility payment assistance to local residents will be ending July 31st.
- [Retired soccer star Hope Solo sentenced to 30 days in jail after DUI guilty plea](https://bickerton-law.com/2022/07/26/retired-soccer-star-hope-solo-sentenced-to-30-days-in-jail-after-dui-guilty-plea/) - In March, Solo was found unconscious behind the wheel of a car with the engine running and two children in the car. Solo had a blood alcohol concentration level of 0.24 and a marijuana metabolite in her system. After the incident, Solo was charged with DUI and child abuse. The charges of child abuse were
- [Titanium Blockchain head pleads guilty to securities fraud](https://bickerton-law.com/2022/07/25/titanium-blockchain-head-pleads-guilty-to-securities-fraud/) - The CEO of a blockchain company has entered a guilty plea to securities fraud.
- [New Allegheny County grant to help former juvenile offenders with restitution and costs](https://bickerton-law.com/2022/07/22/new-allegheny-county-grant-to-help-former-juvenile-offenders-with-restitution-and-costs/) - The Allegheny County Controller's Office has announced that it will be using a grant to help some with outstanding obligations have those balances cleared.
- [Secret Service under criminal investigation for deleted January 6th text messages](https://bickerton-law.com/2022/07/22/secret-service-under-criminal-investigation-for-deleted-january-6th-text-messages/) - by Bickerton Law The National Archives has directed an investigation into the missing Secret Service text messages from January 5th and 6th, 2021. In addition to this investigation, the Department of Homeland Security has also indicated that it is conducting a criminal investigation into the missing texts. On Saturday, July 15th, the United States House
- [UPDATED: PA General Assembly passes law allowing forfeiture and sale of ATVs and dirt-bikes](https://bickerton-law.com/2022/07/08/pa-general-assembly-passes-law-allowing-forfeiture-and-sale-of-atvs-and-dirt-bikes/) - The PA House and Senate have passed a bill allowing the police to seize off-road vehicles that are operated illegally in the state after certain offenses.
- [Prosecutorial indiscretion? Indiana AG facing defamation suit from doctor who performed an abortion for a 10-year-old](https://bickerton-law.com/2022/07/19/prosecutorial-indiscretion-indiana-ag-facing-defamation-suit-from-doctor-who-performed-an-abortion-for-a-10-year-old/) - Indiana Attorney General Todd Rokita is being sued for statements he made on Fox News about a doctor who performed an abortion for a 10 year-old child
- [Student pilot arrested for DUI after landing plane on I-70 in MO. Can you be charged for flying under the influence in PA?](https://bickerton-law.com/2022/07/18/student-pilot-arrested-for-dui-after-landing-plane-on-i-70-in-mo-can-you-be-charged-for-flying-under-the-influence-in-pa/) - by William Bickerton A 35-year-old student pilot was arrested for DUI after landing an airplane on Interstate 70 near Kansas City, Missouri. Could this happen in Pennsylvania? Is it really illegal to fly under the influence? Can a person be charged with DUI in Pennsylvania for flying an airplane while drunk? In Pennsylvania, the DUI
- [Amazon's Ring has released video data to police without telling customers 11 times in 2022](https://bickerton-law.com/2022/07/13/amazons-ring-has-released-video-data-to-police-without-telling-customers-11-times-in-2022/) - MA Sen. Ed Markey has released a statement announcing that Amazon Ring has turned over video data to law enforcement 11 times in 2022 without customer consent
- [UPDATED: Johnny Depp vs. Amber Heard and the allegedly unsummoned juror: Can she get a new trial?](https://bickerton-law.com/2022/07/12/johnny-depp-vs-amber-heard-and-the-allegedly-unsummoned-juror-can-she-get-a-new-trial/) - In her appeal, Amber Heard is claiming that she should get a new trial because one of the jurors wasn't summoned for jury duty. It didn't work.
- [Crawford Cty DUI July 4th holiday checkpoint nets 5 arrests](https://bickerton-law.com/2022/07/11/crawford-cty-dui-july-4th-holiday-checkpoint-nets-5-arrests/) - The Meadville Pennsylvania State Police station reports that it made five arrests during its July 2nd, 2022 DUI checkpoint in West Mead Township, PA.
- [Expanded Philadelphia juvenile curfew takes effect for the summer](https://bickerton-law.com/2022/07/09/expanded-philadelphia-juvenile-curfew-takes-effect-for-the-summer/) - As part of a stated effort to rein in violent crime, an expanded juvenile curfew ordinance is in effect this summer in Philadelphia, PA.
- [COMMENTARY: What are red flag laws and do we have them in Pennsylvania?](https://bickerton-law.com/2022/07/07/commentary-what-are-red-flag-laws-and-do-we-have-them-in-pennsylvania/) - After recent mass shooting incidents, the topic of red flag laws has been front and center. But what is a red flag law and what are they designed to do?
- [From alleged rug pulls to Ponzi schemes, the crypto fraud crackdown is in full swing](https://bickerton-law.com/2022/07/02/from-alleged-rug-pulls-to-ponzi-schemes-the-crypto-fraud-crackdown-is-in-full-swing/) - The Justice Department recently charged six people for allegedly committing crypto fraud. The charges include a fraud,money laundering, and Ponzi schemes.
- [R&B star R. Kelly sentenced to 30 years in prison](https://bickerton-law.com/2022/06/29/rb-star-r-kelly-sentenced-to-30-years-in-prison/) - R&B star R. Kelly was sentenced to 30 years in prison for racketeering and Mann Act convictions.
- [Amish youths charged with underage drinking, one charged for horse and buggy DUI](https://bickerton-law.com/2022/06/29/amish-youths-charged-with-underage-drinking-one-charged-for-horse-and-buggy-dui/) - Four Crawford County juveniles were pulled over in a horse and buggy and charged with underage drinking and the operator with DUI
- [PA State Police plan sobriety checkpoints in July](https://bickerton-law.com/2022/06/29/pa-state-police-plan-sobriety-checkpoints-in-july/) - Pennsylvania State Police in western PA are planning sobriety checkpoints and roving patrols for the July 4th weekend.
- [R. Kelly fan and YouTuber Christopher Gunn charged for allegedly threatening prosecutors](https://bickerton-law.com/2022/06/28/r-kelly-fan-and-youtuber-christopher-gunn-charged-for-allegedly-threatening-prosecutors/) - YouTuber Christopher Dunn was charged for alleged threats to the prosecutors who fought the case to convict R. Kelly of racketeering and other offenses
- [A Missouri man with a medical marijuana card was charged with DUI. Could that happen in PA?](https://bickerton-law.com/2022/06/28/a-missouri-man-with-a-medical-marijuana-card-was-charged-with-dui-could-that-happen-in-pa/) - A MO man was charged with causing a death while driving under the influence of marijuana even though he had a medical marijuana card. This could happen in PA.
- [After Dobbs, is abortion illegal in Pennsylvania?](https://bickerton-law.com/2022/06/24/after-dobbs-is-abortion-illegal-in-pennsylvania/) - Since the Supreme Court concluded that there's no constitutional right to abortion, what's the legal status of abortion in Pennsylvania
- [Pittsburgh council considering initiative to place recently incarcerated people in jobs](https://bickerton-law.com/2022/06/24/pittsburgh-council-considering-initiative-to-place-recently-incarcerated-people-in-jobs/) - Pittsburgh's city council is working on an initiative that would place formerly incarcerated people in jobs.
- [TSA seizes another firearm at Pittsburgh International security checkpoint](https://bickerton-law.com/2022/06/22/tsa-seizes-another-firearm-at-pittsburgh-international-security-checkpoint/) - The Transportation Security Administration (TSA) announced that it seized its 12th firearm at a security checkpoint at Pittsburgh for 2022.
- [PA House passes bill decriminalizing fentanyl test strips](https://bickerton-law.com/2022/06/21/pa-house-passes-bill-decriminalizing-fentanyl-test-strips/) - On June 20th, the Pennsylvania House passed a bill decriminalizing the possession of fentanyl test strips and other drug testing kits....
- [Crimes in Pennsylvania | Antihazing Offenses](https://bickerton-law.com/2021/11/11/crimes-in-pennsylvania-antihazing-offenses/) - In popular culture, hazing is generally seen as a way of groups to initiate new members into its ranks. In Pennsylvania, certain hazing activities1 are against the law. Hazing Criminal hazing is when a person or a group forces a minor or student to violate a criminal law; eat or drink anything that would cause physical or emotional
- [Crimes in Pennsylvania | Criminal Homicide](https://bickerton-law.com/2021/11/01/crimes-in-pennsylvania-criminal-homicide/) - One of the most serious crimes in Pennsylvania is homicide. Criminal homicide is defined as causing the death of another human being “intentionally, knowingly, recklessly, or negligently.” First-degree Murder If a person has killed another willfully, deliberately, or with premeditation, they can be charged and convicted of murder in the first-degree. Second-degree Murder If someone
- [Crimes in Pennsylvania | Assault Offenses](https://bickerton-law.com/2021/11/11/crimes-in-pennsylvania-assault-offenses/) - Simple assault A person can be charged with simple assault if they try to cause bodily injury to another person , uses physical menace to make someone fear that they may be seriously physically harmed, causes a physical injury with a deadly weapon negligently, or tries to or actually conceals a hypodermic needle and intentionally
- [Crimes in Pennsylvania | Crimes against an unborn child](https://bickerton-law.com/2021/11/10/crimes-in-pennsylvania-crimes-against-an-unborn-child/) - In Pennsylvania, a person can be convicted of certain crimes against an unborn child. An unborn child is defined as “an individual organism of the species homo sapiens from fertilization until live birth.” Criminal homicide of an unborn child A person is guilty of criminal homicide of an unborn child if they knowingly, intelligently, recklessly, or
- [Crimes in Pennsylvania | Inchoate Crimes](https://bickerton-law.com/2021/11/09/crimes-in-pennsylvania-inchoate-crimes/) - An inchoate crime is defined as “a step toward the commission of another crime, the step in itself being serious enough to merit punishment.” Criminal attempt It’s illegal to intend to and take a substantial step towards committing a crime Criminal solicitation If you try to get someone else to commit a crime, you are
- [Crimes in Pennsylvania | Offenses Against the Existence or Stability of Government](https://bickerton-law.com/2021/10/27/crimes-in-pennsylvania-offenses-against-the-existence-or-stability-of-government/) - The only offenses in Pennsylvania that are currently listed as “Offenses Against the Existence or Stability of Government” involve flag offenses
- [Felony DUI Charges in Pennsylvania](https://bickerton-law.com/2019/11/24/felony-dui-charges-in-pennsylvania/) - An explanation of the felony level DUI charges that can lead to up to seven years in prison in Pennsylvania
- [Know the Law: Traveling with a Firearm](https://bickerton-law.com/2019/12/24/know-the-law-traveling-with-a-firearm/) - In 2019, federal officials have seized 35 firearms at Pittsburgh International Airport. Know the law and regulations before you travel with your weapon.
- [Know the Law: Seat belt and Child Restraint Laws](https://bickerton-law.com/2019/12/04/know-the-law-seat-belt-and-child-restraint-laws/) - Learn about PA seat belt laws and what type of car seat your child is required to use
- [Deer Hunting Season is Coming--How to Make Sure You Are Following the Law](https://bickerton-law.com/2019/11/16/deer-hunting-season-is-coming-how-to-make-sure-you-are-following-the-law/) - Deer Hunting Season is coming to Pennsylvania on November 30th, 2019. Before sportsmen head out, they should be sure that they are following the law.
- [Driver License Suspensions: Getting Back on the Road](https://bickerton-law.com/2019/09/29/driver-license-suspensions-getting-back-on-the-road/) - How to get a limited license or get your driver's license reinstated after a suspension or revocation in Pennsylvania
- [BriefLaw: Commonwealth v. Monarch](https://bickerton-law.com/2019/02/11/brieflaw-commonwealth-v-monarch/) - Defendants cannot be given a mandatory sentence for failing to submit to a warrantless chemical test
- [In the News: PA Clean Slate Law gives chance to seal criminal records](https://bickerton-law.com/2019/01/03/in-the-news-pa-clean-slate-law-gives-chance-to-seal-criminal-records/) - On December 26th, 2018, Pennsylvania's new Clean Slate Law took effect and made more people with certain misdemeanor convictions eligible to get their criminal records sealed. Under the previous law, many with convictions for lower level simple assault convictions found that they were not eligible to have their old convictions sealed. After lobbying and education
- [LAW NEWS: Pennsylvania changes DUI prior conviction standard for sentencing](https://bickerton-law.com/2014/12/12/law-news-pennsylvania-changes-dui-prior-conviction-standard-for-sentencing/) - New PA law changes sentencing standard for multiple DUIs. The scope of increased punishments is now broader.
- [LAW NEWS: Pa Legislature changes retroactive effect of Adam Walsh Act](https://bickerton-law.com/2014/10/20/pa-legislature-changes-retroactive-effect-of-adam-walsh-act/) - Change in the law eliminates sex offender registration requirements for some offenders who did not have to register before December 2012 Adam Walsh Act (SORNA)
- [IN THE NEWS: PA to upgrade firearms background check system](https://bickerton-law.com/2013/05/29/in-the-news-pa-to-upgrade-firearms-background-check-system/) - Pennsylvania is in the process of updating the Pennsylvania Instant Check System ("PICS"). The PICS system permits firearms dealers and sheriffs departments to run background checks on firearms purchasers and concealed carry permit applicants. Currently, firearms dealers and sheriffs departments have to call in to an automated telephone system to retrieve results. After the upgrade,
- [*UPDATED*: IN THE NEWS: 43 cited for Underage Drinking at Kenny Chesney concert in Pittsburgh, 73 More People Arrested for Other Offenses](https://bickerton-law.com/2013/06/23/updated-in-the-news-43-cited-for-underage-drinking-at-kenny-chesney-concert-in-pittsburgh-73-more-arrested-for-other-crimes/) - According to the latest information, 73 people were arrested for crimes or were issued citations during the Kenny Chesney concert. News outlets earlier reported that 43 individuals were cited for underage drinking. The 73 arrests and citations are in addition to the underage drinking citations. The offenses included "assaults including an indecent assault in the
- [IN THE NEWS: Allegheny County DA explains right to videotape police](https://bickerton-law.com/2013/08/20/in-the-news-allegheny-county-da-explains-right-to-videotape-police/) - Allegheny County District Attorney Stephen Zappala issued a statement outlining the public's right to videotape police officers. DA Zappala explained that a person has the right to videotape police officers who are on duty but people do not have the right to antagonize the officers or attempt to provoke an arrest. He also advised that
- [IN THE NEWS: Drivers cited in Parkway North HOV Lane enforcement](https://bickerton-law.com/2013/09/11/in-the-news-drivers-cited-in-parkway-north-hov-lane-enforcement/) - WPXI reports that 60 Pittsburgh-area drivers received traffic citations for improper use of the carpool/high-occupancy vehicle (HOV) lane on the Parkway North. Under the law, the HOV lane may only be used by motorcycle operators and cars that are carrying at least two human passengers inbound from 6:00 AM to 10:00 AM and outbound from 3:00
- [IN THE NEWS: 43 cited for Underage Drinking at Kenny Chesney concert in Pittsburgh](https://bickerton-law.com/2013/06/23/in-the-news-43-cited-for-underage-drinking-at-kenny-chesney-concert-in-pittsburgh/) - Yesterday, thousands were at Heinz Field for the Pittsburgh leg of Kenny Chesney's "No Shoes Nation" Tour. The Pittsburgh Post-Gazette reports that, during a law enforcement sweep of the Heinz Field parking lots, 43 individuals were cited for underage drinking and related offenses. WPXI noted that, in addition to the underage drinking citations, five people were
- [IN THE NEWS: PGH area man allegedly shoots and kills intruder](https://bickerton-law.com/2013/09/17/in-the-news-pgh-area-man-allegedly-shoots-and-kills-intruder/) - The Pittsburgh Post-Gazette reports that a Munhall, PA man shot and killed a man who had broken into his garage. After calling 911, the homeowner informed the intruder that the police were on their way. Munhall police reports that the intruder began an exchange of gunfire and was killed in the encounter. Under Pennsylvania law,
- [IN THE NEWS: NTSB seeks to lower legal drinking limit to .05](https://bickerton-law.com/2013/05/16/in-the-news-ntsb-seeks-to-lower-legal-drinking-limit-to-05/) - The National Transportation Safety Board has recommended that the limit for blood alcohol levels for drivers be lowered to 0.05. The NTSB has also recommended that measures be taken to encourage broader use of interlock devices. Mothers Against Drunk Driving and the American Automobile Association have not yet endorsed the NTSB's recommendations. In its report,
- [In The News: Audio recording missing in PGH officer-involved shooting case](https://bickerton-law.com/2013/02/11/in-the-news-audio-recording-missing-in-pgh-officer-involved-shooting-case/) - On November 11, 2012, Leon Ford was shot by a city of Pittsburgh police officer during a traffic stop. Although a video of the incident has been recovered, the audio recording doesn't include anything between the time the officers exited their car to the time that the gunfire started. Pittsburgh Police Department policy requires officers
- [In the News: Cambria County getting new DUI Task Force](https://bickerton-law.com/2009/02/13/in-the-news-cambria-county-getting-new-dui-task-force/) - Due to Cambria County's high number of DUI-related crashes, PENNDOT will fund a new county DUI Task Force. The Task Force will operate roving patrols and DUI checkpoints. The Task Force will be fully operational in March 2009. For more information, go to: http://www.tribune-democrat.com/local/local_story_043234925.html?keyword=topstory
- [In the News: DUI Interlock law passes Indiana House Committee](https://bickerton-law.com/2009/02/18/in-the-news-dui-interlock-law-passes-indiana-house-committee/) - A new DUI law that would require first-time DUI offenders to have interlock devices installed in their vehicles has passed the Indiana state House Judiciary Committee. The existing law provides for mandatory interlock devices for repeat offenders. For more information, go to: http://www.post-trib.com/news/1435930,gaignition.article
- [In the News: KY Legislature considers interlock law](https://bickerton-law.com/2009/02/25/in-the-news-ky-legislature-considers-interlock-law/) - Kentucky legislators are considering a law that would require all defendants convicted of DUI to have an interlock device and onboard camera installed in their vehicles. For more information, go to: http://www.wkyt.com/home/headlines/40124157.html http://www.msnbc.msn.com/id/29333277/
- [In the News: LA Governor wants to increase penalty for DUI refusal](https://bickerton-law.com/2009/03/04/in-the-news-la-governor-wants-to-increase-penalty-for-dui-refusal/) - Louisiana Governor Bobby Jindal has indicated that he would like to have the penalty increased from a 180-day driver's license suspension to a two-year driver's license suspension. For more information, go to: http://www.lsureveille.com/jindal_proposes_touger_drunk_driving_law-1.1594254
- [In the News: Provisions of proposed TX sobriety checkpoint law](https://bickerton-law.com/2009/03/06/in-the-news-provisions-of-proposed-tx-sobriety-checkpoint-law/) - Texas legislators are currently considering a law that would permit police to conduct sobriety checkpoints. Under the proposed law, law enforcement agencies would be required to follow specific guidelines when conducting a checkpoint. These guidelines include prior advertisement of the checkpoint, a limit to the number of checkpoints in a given area per month, a
- [In the News: Former UF Baseball player spared DUI charge by videotape](https://bickerton-law.com/2009/03/09/in-the-news-former-uf-baseball-player-spared-dui-charge-by-videotape/) - Former University of Florida baseball player Stephen Kendall Locke, Jr. had DUI charges dropped after it was determined that the video from the arresting officer's dashboard camera did not support the arrest report. According to Officer Daniel Surrency, Locke was driving erratically, had the odor of alcohol on his breath, swayed, slurred his speech, and
- [In the News: PGH Police to increase enforcement for St Patrick's Day Parade](https://bickerton-law.com/2009/03/10/in-the-news-pgh-police-to-increase-enforcement-for-st-patricks-day-parade/) - On Saturday, March 14, 95 Pittsburgh Police officers will be patrolling the St. Patrick's Day parade route and the Market Square area in Downtown Pittsburgh. The Pennsylvania Liquor Control Board will also have 20 enforcement officers on duty in Market Square. Pittsburgh Police will also have an increased presence on the South Side. During last
- [In the News: Dashboard camera disproves officer's DUI arrest](https://bickerton-law.com/2009/03/11/in-the-news-dashboard-camera-disproves-officers-dui-arrest/) - In the latest of a string of bogus DUI charges from the Chicago Police Department, Officer Joe D. Parker's report in the DUI arrest of Raymond L. Bell was clearly contradicted by video from his dashboard camera. In his report, Officer Parker alleges that Bell " 'staggered'," had an " 'unsteady'" gait, and failed field
- [In the News: PA Legislator introduces legislation requiring interlock for first-time DUI offenders](https://bickerton-law.com/2009/03/19/in-the-news-pa-legislator-introduces-legislation-requiring-interlock-for-first-time-dui-offenders/) - State Representative Paul Clymer has reintroduced legislation that would require first-time DUI offenders in Pennsylvania to have an interlock device installed on their vehicles. Under the existing law, only repeat DUI offenders are required to use the interlock device. For more information, go to: http://wearecentralpa.com/content/fulltext/news?cid=76382 http://www.paulclymer.com/?sectionid=77&sectiontree=77&itemid=430
- [In the News: IL prosecutor recommends dashboard cameras for DUI cops](https://bickerton-law.com/2009/03/20/in-the-news-il-prosecutor-recommends-dashboard-cameras-for-dui-cops/) - Prosecutor Lawrence X. O'Reilly, the supervisor for the Illinois State Attorney's traffic division, has recommended that 28 of Chicago's top DUI enforcement police officers be required to have dashboard cameras. This recommendation comes in in the wake of the discovery that some Chicago police officers have submitted false arrest reports in DUI cases. For more
- [In the News: MI Judge dismisses DUI charge from anonymous tip](https://bickerton-law.com/2009/03/21/in-the-news-mi-judge-dismisses-dui-charge-from-anonymous-tip/) - District Judge William E. Bolle of Troy, Michigan dismissed a DUI charge where the arrest was the result of an anonymous tip. Although the tipster reported erratic driving, the police officer did not notice any erratic driving after following the defendant for one mile. Judge Bolle noted that information given by anonymous tips are notoriously
- [BriefLaw: Commonwealth v. Shawn Fickes](https://bickerton-law.com/2009/04/11/brieflaw-commonwealth-v-shawn-fickes/) - Commonwealth v. Shawn Fickes 2009 PA Super 64 (4/08/2009) Topic: DUI - Suppression of Evidence - Exigent Circumstances Summary: An officer may enter a the garage of a private residence when he has probable cause to believe that the driver of a vehicle that is seen in that garage was driving under the influence. Illustration:
- [In the News: Increased DUI patrols in PA](https://bickerton-law.com/2009/04/20/in-the-news-increased-dui-patrols-in-pa/) - As part of a push to target drunk drivers, the Pennsylvania State Police will increase the number of DUI roving patrols and sobriety checkpoints over the next two weeks. For more information, go to: http://post-journal.com/page/content.detail/id/528401.html?nav=5004
- [BriefLaw: Commonwealth v. Matthew Sibley](https://bickerton-law.com/2009/05/05/brieflaw-commonwealth-v-matthew-sibley/) - Commonwealth v. Matthew Sibley 2009 PA Super 84 (5/05/2009) Topic: DUI - Blood Alcohol Content (BAC) - Coefficient of Variation Summary: Where the coefficient of variation fails to indicate that the defendant may have been operating a vehicle while below the legal limit, the evidence is sufficient to support the conviction. Illustration: Sibley was charged
- [BriefLaw: Commonwealth v. Daniel J. Schmohl](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-daniel-j-schmohl/) - Commonwealth v. Daniel J. Schmohl 2009 PA Super 97 (5/26/2009) Topic: DUI - Merger of Offenses Summary: Driving Under the Influence (DUI) with a high rate of alcohol is a lesser included offense of Aggravated Assault while Driving Under the Influence. Therefore, the offenses merge for sentencing purposes. http://www.pacourts.us/OpPosting/Superior/out/A06009_09.pdf
- [BriefLaw: Commonwealth v. Gregory Philip Kendall](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-gregory-philip-kendall/) - Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009) Topic: Reasonable Suspicion - Automobile Stop - Officer's Duty to Aid Summary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable suspicion is not necessary. Illustration: While driving on a desolate road in the middle of the
- [BriefLaw: Commonwealth v. Michelle Necole Griffith](https://bickerton-law.com/2009/07/12/brieflaw-commonwealth-v-michelle-necole-griffith/) - Commonwealth v. Michelle Necole Griffith 2009 PA Super 120 (7/02/2009) Topic: DUI 75 Pa.C.S.A. Section 3802(d) - Prescription Drugs - Sufficiency of the Evidence Summary: For a defendant to be convicted of driving under the influence of a prescription drug, the prosecutor must present expert testimony on the intoxicating effect of the drug. http://www.pacourts.us/OpPosting/Superior/out/s14030_09.pdf
- [BriefLaw: Commonwealth v. Ray McCoy](https://bickerton-law.com/2009/07/23/brieflaw-commonwealth-v-ray-mccoy/) - Commonwealth v. Ray D. McCoy J-165-2008 (7/12/2009) Topic: DUI Refusal - Right to Counsel Summary: There is no right to counsel before submitting to a chemical test for a DUI. http://www.pacourts.us/OpPosting/Supreme/out/J-165-2008mo.pdf
- [In the News: Heightened DUI Enforcement](https://bickerton-law.com/2009/08/20/in-the-news-heightened-dui-enforcement/) - From Friday, August 21, 2009 through Monday, September 7, 2009 local police will be joining a national effort to crackdown on drunk driving. Over the period, law enforcement agencies will be conducting DUI checkpoints and roving patrols. The Pittsburgh Post-Gazette reports that public service announcements will target female drivers. Studies have shown that incident rates
- [BriefLaw: Commonwealth v. Haag](https://bickerton-law.com/2009/10/29/brieflaw-commonwealth-v-haag/) - 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
- [UPDATE: In the News: Federal Prosecutors seek life-sentence in OH beard-cutting hate crime case](https://bickerton-law.com/2013/02/10/update-in-the-news-federal-prosecutors-seek-life-sentence-in-oh-beard-cutting-hate-crime-case/) - Follow-up to story about Federal Prosecutor seeking a life-sentence for an offense that did not include homicide, terrorism, or treason
- [IN THE NEWS: Pennsylvania Changes to Sex Offender Registration/Megan’s Law](https://bickerton-law.com/2012/12/19/in-the-news-pennsylvania-changes-to-sex-offender-registrationmegans-law/) - Starting tomorrow, the rules for who must register as a Megan’s Law sex offender in Pennsylvania will change. Under the new law, sex offenders are classified by three tiers. Tier I offenders will have to register for 15 years. Tier II offenders will have to register for 25 years. Tier III offenders will have to
- [In the News: Federal Prosecutors seek life-sentence in OH beard-cutting hate crime case](https://bickerton-law.com/2013/02/05/in-the-news-federal-prosecutors-seek-life-sentence-in-oh-beard-cutting-hate-crime-case/) - US attorneys are recommending a sentence of life in prison for Samuel Mullet. Mullet is an Amish bishop convicted of conspiracy and federal hate crimes after a string of attacks in which Amish individuals had their hair and beards cut with shears against their will. Mullet's attorney, Edward Bryan is advocating for a sentence that calls
- [BriefLaw: Commonwealth v. Willis](https://bickerton-law.com/2012/05/30/brieflaw-commonwealth-v-willis/) - Commonwealth v. Michael Willis 9 EAP 2009 (05/30/2012) Topic: Constitutional Rights – Right to a Fair Trial - Brady Violation Summary: The prosecution is required to turn over any evidence that is material under Brady v. Maryland, 373 U.S. 83 (1963); regardless of whether or not that evidence is admissible in court. http://www.pacourts.us/OpPosting/Supreme/out/J-86-2009oajc.pdf
- [BriefLaw: Commonwealth v. Bradford](https://bickerton-law.com/2012/05/30/brieflaw-commonwealth-v-bradford/) - Commonwealth v. David Bradford 2 WAP 2011 (05/30/2012) Topic: Constitutional Rights – Right to a Speedy Trial - Rule 600 Summary: The prosecution is permitted to rely upon the judicial system in its system for case tracking. Therefore, if the judicial system errs in its case management and the prosecutor relies on the judicial system for its information, the
- [UPDATE: In the News: PA Castle Doctrine to take effect Saturday, August 27th](https://bickerton-law.com/2011/08/26/update-in-the-news-pa-castle-doctrine-to-take-effect-saturday-august-27th/) - The new expansion to the Pennsylvania castle doctrine will take effect on Saturday, August 27th, 2011. (h/t NRA-ILA) For more information, go to: UPDATE: In the News: Pa governor signs bill expanding Castle Doctrine In the News: PA Castle Doctrine Bill passes state senate
- [In the News: PA passes law banning texting while driving](https://bickerton-law.com/2011/11/02/in-the-news-pa-passes-law-banning-texting-while-driving/) - Pennsylvania Passes new law banning texting while driving
- [BriefLaw: Commonwealth v. Doty](https://bickerton-law.com/2010/06/17/brieflaw-commonwealth-v-doty/) - Commonwealth v. Christopher Doty 2010 PA Super 105 (06/09/2010) Topic: Fugitive Status - Waiver v. Forfeiture of Appellate Rights - Challenging an Illegal Sentence Summary: When a defendant becomes a fugitive from justice during the appellate period, he may forfeit his right to pursue an appellate review. This forfeiture applies to issues that cannot be
- [In the News: Pittsburgh mayor replaces majority of city's Citizen Police Review Board](https://bickerton-law.com/2010/06/18/in-the-news-pittsburgh-mayor-replaces-majority-of-citys-citizen-police-review-board/) - The Pittsburgh Post Gazette reports that Pittsburgh Mayor Luke Ravenstahl has replaced the majority of the city's Citizen Police Review Board. The new appointments would replace five out of seven members of the board. Ravenstahl's announcement happened to coincide with a contempt of court proceeding the Citizen Review Board filed against Pittsburgh Police Chief Nate
- [In the News: PA legislator proposes law criminalizing witness failure to report violent crime](https://bickerton-law.com/2010/06/21/in-the-news-pa-legislator-proposes-law-criminalizing-witness-failure-to-report-violent-crime/) - The Pittsburgh Post Gazette reports that Pennsylvania State Senator Kim Ward has preposed a law that would make the failure to report a violent crime a criminal offense. The bill is named "Jennifer's Law" in honor of "a Westmoreland County woman who was tortured and murdered." For more information, go to: http://www.post-gazette.com/pg/10172/1067209-100.stm?cmpid=latest.xml http://senatorward.com/press/2010/0610/061810.htm
- [BriefLaw: Commonwealth v. Willard Oakley Moser](https://bickerton-law.com/2010/07/12/brieflaw-commonwealth-v-willard-oakley-moser/) - Commonwealth v. Willard Oakley Moser 2010 PA Super 119 (7/08/2010) Topic: Evidence of Prior Trials in Current Cases Summary: Under Pa.R.E. 410(a)(2), evidence of a prior nolo contendere plea is inadmissible in any future criminal proceedings. http://www.aopc.org/OpPosting/Superior/out/S33002_10.pdf
- [In the News: AOPC to review Allegheny Cty transfer of rape case](https://bickerton-law.com/2010/07/15/in-the-news-aopc-to-review-allegheny-cty-transfer-of-rape-case/) - The Pittsburgh Tribune Review reports that the Administrative Office of Pennsylvania Courts is reviewing an incident where an Allegheny County court employee reassigned a case after a relative, who happened to be a public official at the time, requested that the case be moved. George Matta, then the Clerk of Courts of Allegheny County, sent
- [In The News: States considering laws regulating distracted pedestrians](https://bickerton-law.com/2011/01/24/in-the-news-states-considering-laws-regulating-distracted-pedestrians/) - The Associated Press reports that two states are considering legislation that would regulate and/or bring awareness to the perils of distracted walking. New York and Arkansas lawmakers believe that walkers who use both earphones and walk while using cell phones and/or texting are a danger to themselves and others. Some lawmakers indicate that their laws
- [In the News: SC considers law banning Facebook for prisoners](https://bickerton-law.com/2011/03/20/in-the-news-sc-considers-law-banning-facebook-for-prisoners/) - The Associated Press reports that South Carolina is considering legislation that would limit prison inmates' access to Facebook. The law, if enacted, would prohibit inmates from accessing Facebook from inside the prison facility and from having friends or relatives create a Facebook page for them. The news article notes that, "Facebook already prohibits third-party profiles and
- [In The News: Judge to rule on case where drug evidence was destroyed](https://bickerton-law.com/2011/04/06/in-the-news-judge-to-rule-on-case-where-drug-evidence-was-destroyed/) - The Pittsburgh Post-Gazette reports that a federal judge may permit a drug case to proceed after the Allegheny County Office of the District Attorney destroyed evidence. The case, which is being heard by U.S. District Court Judge Gustave Diamond, involves a defendant who has been accused of possession with intent to deliver heroin. After the
- [In the News: Allegheny Cty to debut sex crimes court in June](https://bickerton-law.com/2011/05/04/in-the-news-allegheny-cty-to-debut-sex-crimes-court-in-june/) - The Pittsburgh Post-Gazette reports that the Allegheny County Court of Common Pleas will start a new court program for defendants charged with sex crimes. The program's goal is to increase accountability among sex offenders and to reduce recidivism rates. The new program will also result in sex offense cases being moved through the judicial system
- [UPDATE: In the News: Federal Judge denies motion to suppress destroyed evidence](https://bickerton-law.com/2011/04/19/update-in-the-news-federal-judge-denies-motion-to-suppress-destroyed-evidence/) - The Pittsburgh Post-Gazette reports that US District Judge Gustave Diamond has denied a defendant's motion to suppress evidence and dismiss charges in a case where the evidence was destroyed before trial. In this case, the Allegheny County District Attorney's office permitted drug evidence and a coin purse allegedly seized from the defendant to be incinerated.
- [In the News: Pa Supreme Court rejects local sex offender residency restriction](https://bickerton-law.com/2011/05/26/in-the-news-pa-supreme-court-rejects-local-sex-offender-residency-restriction/) - Pennsylvania Supreme Court rejects Allegheny County's sex offender residency restrictions
- [In the News: Pa considers underage drinking amnesty law](https://bickerton-law.com/2011/05/24/in-the-news-pa-considers-underage-drinking-amnesty-law/) - The Pittsburgh Post-Gazette reports that the Pennsylvania General Assembly is considering legislation that would grant amnesty to underage drinkers who contact the police or emergency medical services in an effort "to help a friend or acquaintance with a life-threatening, alcohol-related illness." While the law would protect underage drinkers who call for help, it also requires
- [In the News: Pa House passes 'sexting' law](https://bickerton-law.com/2011/05/24/in-the-news-pa-house-passes-sexting-law/) - Pennsylvania Sexting Laws
- [In the News: PA Castle Doctrine Bill passes state senate](https://bickerton-law.com/2011/06/20/in-the-news-pa-castle-doctrine-bill-passes-state-senate/) - A Pennsylvania bill modfiying the duty to retreat in the face of a threat of death or serious bodily injury has passed the Pennsylvania General Assembly and is awaiting approval by Governor Tom Corbett. Under existing law, a person has a duty to retreat from a threat of death or serious bodily injury if 1.)
- [UPDATE: In the News: Pa governor signs bill expanding Castle Doctrine](https://bickerton-law.com/2011/06/28/update-in-the-news-pa-governor-signs-bill-expanding-castle-doctrine/) - The Pittsburgh Post-Gazette reports that Governor Tom Corbett has signed a Pennsylvania bill expanding the castle doctrine. Under the previous law, if a person faced the threat of death or serious bodily injury outside of their home or place of work was able to retreat with complete safety, self-defense with deadly force was not permitted.
- [UPDATE: In the News: PA passed underage drinking amnesty law](https://bickerton-law.com/2011/08/15/update-in-the-news-pa-passed-underage-drinking-amnesty-law/) - On July 7th, 2011, Governor Tom Corbett signed a law into effect that would immunize underage drinkers from criminal charges if they are seeking medical attention for another person. The purpose of this law is to encourage underage drinkers to call for help if they see another person who is "in need of immediate medical attention
- [BriefLaw: Commonwealth v. Rodriguez](https://bickerton-law.com/2010/01/31/brieflaw-commonwealth-v-rodriguez/) - Commonwealth v. Lenora Rodriguez 2010 PA Super 14 (1/29/2010) Topic: Retail Theft - Intent Element of the Offense Summary: To convict a defendant of Retail Theft, the Commonwealth must prove that she had intent to permanently deprive the store of the merchandise. Illustration: Defendant was accused of taking a portable stereo from the electronics department of
- [In the News: ACLU opposes PA sexting law](https://bickerton-law.com/2010/02/04/in-the-news-aclu-opposes-pa-sexting-law/) - The Pittsburgh Post-Gazette reports that the ACLU and the Juvenile Law Center are opposing a Pennsylvania bill that is intended to make sexting a lesser offense for minors. The ACLU argues that by criminalizing sexting, juveniles are left with a permanent mark that would harm their ability to get a job, be admitted to certain
- [In the News: Westmoreland Cty jail visits temporarily suspended](https://bickerton-law.com/2010/04/06/in-the-news-westmoreland-cty-jail-visits-temporarily-suspended/) - The Pittsburgh news channel WPXI reports that inmate visits at the Westmoreland County Jail have been suspended until further notice due to a faulty elevator. The elevator in question seriously injured a county jail employee in March. For more information, go to: http://www.wpxi.com/news/23065221/detail.html
- [In the News: ABC's 20/20 Reveals flaws in arson science](https://bickerton-law.com/2010/05/09/in-the-news-abcs-2020-reveals-flaws-in-arson-science/) - Although many assume that arson investigations are based on hard science, the May 7, 2010 episode of 20/20 pointed out numerous flaws with arson science. The investigation revealed that many assumptions made by arson investigators are based on word of mouth rather than scientific analysis. Examples included conclusions of points of origin, the use of
- [BriefLaw:  Commonwealth v. Abraham](https://bickerton-law.com/2010/06/17/brieflaw-commonwealth-v-abraham/) - Commonwealth v. Joseph Abraham 2010 PA Super 104 (6/08/2010) Topic: Ineffective Assistance of Counsel - PCRA - Collateral Consequences Summary: In view of the U.S. Supreme Court's ruling in Padilla v. Kentucky, the fact that a consequence of a conviction is a collateral one will not protect an attorney from an ineffective assistance of counsel
- [In the News: Lea T Bickerton named Rising Star in 2010 Pennsylvania Super Lawyers magazine](https://bickerton-law.com/2010/05/27/in-the-news-lea-t-bickerton-named-rising-star-in-2010-pennsylvania-super-lawyers-magazine/) - Bickerton and Bickerton attorney Lea T. Bickerton has been named a Rising Star in the 2010 Pennsylvania Super Lawyers magazine. According to SuperLawyers.com, "no more than 2.5 percent [of Pennsylvania attorneys] are named to the Rising Stars list." For more information, go to: http://www.superlawyers.com/about/selection_process.html
- [Commentary: Getting Arrested at the G20 Summit - Introduction](https://bickerton-law.com/2009/09/14/commentary-getting-arrested-at-the-g20-summit-introduction/) - Whenever a city hosts a major event, arrests often follow. After Pittsburgh won the Super Bowl win in January, 34 people were arrested on the streets of Pittsburgh. After the Penguins won the Stanley Cup in June, 33 people were arrested. With the world's eyes on the city and thousands of demonstrators expected to converge
- [Commentary: Part 1 - Getting Arrested at the G20 Summit - (Past Summits)](https://bickerton-law.com/2009/09/15/commentary-part-1-getting-arrested-at-the-g20-summit-past-summits/) - On May 28th, 2009, the City of Pittsburgh was chosen to host the September meeting of the Group of Twenty Finance Ministers and Central Bank Governors, otherwise known as the G20. The G20 regularly meet to discuss international finance and the stability of the world markets. Due to the high profile nature of the meetings,
- [Commentary: Part 2 - Getting Arrested at the G20 Summit (Common Offenses)](https://bickerton-law.com/2009/09/16/commentary-part-2-getting-arrested-at-the-g20-summit-common-offenses/) - When people are arrested in mass settings like demonstrations or Super Bowl celebrations, there are several crimes and summary offenses that are frequently charged. Those crimes and summary offenses include: Disorderly Conduct: Disorderly conduct is commonly charged where the police believe that a person's behavior is such that it causes annoyance or the risk of
- [Commentary: Part 3 - Getting Arrested at the G20 Summit - What to do if arrested](https://bickerton-law.com/2009/09/17/commentary-part-3-getting-arrested-at-the-g20-summit-what-to-do-if-arrested/) - To most people, the closest they will get to the criminal justice system is through episodes Law & Order or CSI. Those arrested in real life often find that the reality of being arrested is not like it is on television. Many assume that as they are arrested, the police will recite their Miranda rights.
- [In the News: 66 Arrested at Pittsburgh G20 Summit](https://bickerton-law.com/2009/09/25/in-the-news-66-arrested-at-pittsburgh-g20-summit/) - KDKA reports that 66 people were arrested during the first day of the Pittsburgh G20 Summit. Additionally, 20 local businesses suffered property damage as a result of G20 protest related disturbances. KDKA points out that of the various demonstrations that took place, 12 were peaceful and had no reported arrests. For more information, go to:
- [In the News: 110 Arrested in Oakland after G20](https://bickerton-law.com/2009/09/26/in-the-news-110-arrested-in-oakland-after-g20/) - Pittsburgh Police arrested 110 protestors who gathered in Schenley Plaza last night after the conclusion of the G20 Summit. Reports state that after 400 people gathered in Schenley Plaza to demonstrate in what was called a "Police Resistance Rally", several failed to disperse after receiving orders from police to leave the scene. For more information,
- [In the News: More protests in Oakland Saturday night](https://bickerton-law.com/2009/09/26/in-the-news-more-protests-in-oakland-saturday-night/) - On Saturday night, a group gathered in the Oakland section of Pittsburgh to protest police actions during demonstrations held during the two-day Pittsburgh G20 summit. While almost 200 people were arrested during the demonstrations on Thursday and Friday, as of 11:58 pm on the 26th, there have been no reported arrests in Saturday night's march.
- [In The News: UPDATE: Pa House passes bill banning handheld cell phones while driving](https://bickerton-law.com/2010/01/26/in-the-news-update-pa-house-passes-bill-banning-handheld-cell-phones-while-driving/) - The Pennsylvania General Assembly House of Representatives has passed a bill prohibiting drivers from operating a handheld cell phone or wireless device while operating a motor vehicle. Before the bill becomes law, it must be passed by the Pennsylvania Senate and signed by Governor Ed Rendell. For more information go to: http://www.post-gazette.com/pg/10026/1031203-100.stm http://bickerton-law.com/2010/01/25/in-the-news-pa-house-consides-bill-banning-handheld-cellphone-while-driving/ 6HZ36DU6JUPF
- [In the News: Pa Legislature works to de-felonize sexting](https://bickerton-law.com/2010/01/26/in-the-news-pa-legislature-works-to-de-felonize-sexting/) - After several cases where district attorneys have pursued felony charges against teens accused of sending sexually explicit photos of themselves, the Pennsylvania General Assembly House of Representatives is proposing a bill that would make "sexting" by teens a second-degree misdemeanor. The statute would amend the criminal code by adding 18 Pa.C.S.A. § 6321. The
- [In the News: PA House considers bill banning handheld cellphone while driving](https://bickerton-law.com/2010/01/25/in-the-news-pa-house-consides-bill-banning-handheld-cellphone-while-driving/) - The Pittsburgh Post-Gazette reports that the Pennsylvania General Assembly House of Representatives will be taking a final vote on a bill that would ban the use of handheld cellular phones and other wireless devices while operating a motor vehicle. The bill amends a proposed statute that would prohibit drivers from sending text messages while driving.
- [In the News: DA pursuing death penalty in police officer shooting](https://bickerton-law.com/2010/01/19/in-the-news-da-pursuing-death-penalty-in-police-officer-shooting/) - The Pittsburgh Tribune Review reports that District Attorney Stephen Zappala is pursuing the death penalty against Ronald Robinson. Robinson is charged with shooting and killing Penn Hills police Officer Michael Crawshaw and civilian Danyal Morton on December 6, 2009. In addition to the two counts of criminal homicide, Robinson also faces charges of robbery, burglary,
- [BriefLaw: Commonwealth v. Young](https://bickerton-law.com/2010/01/11/brieflaw-commonwealth-v-young/) - Commonwealth v. Gaylend L. Young 2010 PA Super 2 (1/06/2010) Topic: Admissibility of Evidence of Prior Crime When Defendant is Acquitted - Prior Bad Acts Summary: Under Pa.R.E. 404, the Commonwealth may admit evidence of a previous crime as a prior bad act even where the defendant was acquitted in the prior trial (The evidence of
- [BriefLaw: Commonwealth v. Wyland](https://bickerton-law.com/2010/01/11/brieflaw-commonwealth-v-wyland/) - Commonwealth v. John W. Wyland 2010 PA Super 1 (1/05/2010) Topic: DUI - Motor Vehicle Stops - Trafficways Summary: A road on a highly-secured military base is not a trafficway under the Motor Vehicle Code. http://www.aopc.org/OpPosting/Superior/out/a23021_09.pdf
- [Book Review: "The Last Lawyer" by John Temple](https://bickerton-law.com/2009/12/24/book-review-the-last-lawyer-by-john-temple/) - Book Title: "The Last Lawyer: The Fight to Save Death Row Inmates" Author: John Temple Publisher: University of Mississippi Press Bickerton-Law Rating: 4/4 Most criminal defense attorneys will attest that defendants can be wrongfully convicted for many reasons. These reasons can include faulty witness testimony, the failure of the court to recognize the defendant's mental
- [BriefLaw: Commonwealth v. Brian Hughes](https://bickerton-law.com/2009/12/17/brieflaw-commonwealth-v-brian-hughes/) - Commonwealth v. Brian Hughes 2009 PA Super 240 (12/14/2009) Topic: Forgery - Grading - Cashier's Checks Summary: The Superior Court concluded that a cashier's check, unlike a personal check, is not a commercial instrument. Therefore, forging a cashier's check is a second-degree felony. *Note: In his Dissenting Opinion, Judge Fitzgerald concludes that a cashier's check is
- [BriefLaw: Commonwealth v. Richard Thomas](https://bickerton-law.com/2009/12/17/brieflaw-commonwealth-v-richard-thomas/) - Commonwealth v. Richard Thomas 2009 PA Super 245 (12/16/2009) Topic: Gun Crimes - Persons Not to Possess a Firearm - Operability of the Firearm Summary: Under 18 Pa. C.S.A. Section 6105, the firearm does not need to be operable for a defendant to be convicted of Persons Not to Possess. http://www.aopc.org/OpPosting/Superior/out/a05008_09.pdf
- [In the News: Former PGH ACORN worker not guilty of voter fraud](https://bickerton-law.com/2009/12/17/in-the-news-former-pgh-acorn-worker-not-guilty-of-voter-fraud/) - The Pittsburgh Tribune-Review reports that Eric Jordan, a former ACORN worker charged with voter fraud in the aftermath of the 2008 elections, was found not guilty of the charges brought against him on Wednesday, December 16, 2009. For more information, go to: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_658113.html
- [In the News: West Mifflin passes gun ordinance](https://bickerton-law.com/2009/12/17/in-the-news-west-mifflin-passes-gun-ordinance/) - On December 15, 2009, West Mifflin, Pennsylvania (located near Pittsburgh) passed a new ordinance requiring gun owners to report their weapon stolen within 72 hours of discovering the theft. If owners fail to comply with the ordinance, they face a possible 30 days in jail and a $1,000 fine. Opponents of the ordinance believe that
- [In the News: Rape charges dismissed after right to speedy trial violated](https://bickerton-law.com/2009/12/03/in-the-news-rape-charges-dismissed-after-right-to-speedy-trial-violated/) - A Pittsburgh man was released from the Allegheny County Jail after he was held in custody for 14 months without being brought to trial. The Allegheny County District Attorney's office claims that a computer glitch caused the office to miss the speedy trial deadline. For more information, go to: http://kdka.com/local/Wilkinsburg.rape.suspect.2.1346655.html
- [BriefLaw: Commonwealth v. Au](https://bickerton-law.com/2009/12/01/brieflaw-commonwealth-v-au/) - Commonwealth v. John Au 2009 PA Super 231 (12/01/2009) Topic: Suppression of Evidence - Mere Encounter vs. Investigative Detention Summary: Where an officer approaches a vehicle to see if the occupants are in need of help, the mere encounter is transformed to an investigative detention when the officer persists in asking questions after he has
- [In the News: PGH company offers to be designated driver](https://bickerton-law.com/2009/11/20/in-the-news-pgh-company-offers-to-be-designated-driver/) - The Pittsburgh Tribune Review reports that a new business venture by Tony Ciotti, Mike Conley, and Danielle Danzuso helps people avoid driving under the influence by offering a paid designated driver service. The business, Pear Transportation Company, is the area's first and only designated driver service. When a driver feels that she or he has
- [In the News: Drug warrants issued in Penn Hills](https://bickerton-law.com/2009/11/20/in-the-news-drug-warrants-issued-in-penn-hills/) - The Pittsburgh Post-Gazette reports that eight Allegheny County law enforcement agencies coordinated to execute 20 arrest and 18 search warrants for various drug charges in the Penn Hills area. While some warrants remained to be issued, at least 9 individuals were arrested. For more information, go to: http://www.post-gazette.com/pg/09324/1015063-100.stm?cmpid=latest.xml
- [In the News: Alleged Pittsburgh drug ring "busted"](https://bickerton-law.com/2009/11/16/in-the-news-alleged-pittsburgh-drug-ring-busted/) - The Pittsburgh Post-Gazette reports that the Pennsylvania Attorney General's Office has arrested individuals alleged to be part of a cocaine-selling drug ring based in Monroeville, Pennsylvania. Fourteen people face charges related to the drug ring. For more information, go to: http://www.post-gazette.com/pg/09320/1013937-100.stm?cmpid=latest.xml
- [BriefLaw: Commonwealth v. Rowe](https://bickerton-law.com/2009/11/16/brieflaw-commonwealth-v-rowe/) - Commonwealth v. Collin Rowe 2009 PA Super 215 (11/12/2009) Topic: Warrantless Entry - Motion to Suppress Summary: A police officer must be able to identify exigent circumstances to justify a warrantless entry into a home. An open door during the "typical waking hours of the night" with no other facts showing exigency is insufficient to justify
- [In the News: First Veterans placed in PGH Vet Court](https://bickerton-law.com/2009/11/11/in-the-news-first-veterans-placed-in-pgh-vet-court/) - The Pittsburgh Tribune Review reports that the new Allegheny County Veteran's Court program has started. The program, which is targeted to non-violent offenders, is designed to keep veterans out of jail. Program participants are required to complete a treatment program in order to graduate. For more information, go to: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_652631.html
- [In the News: Viruses may lead to child porn convictions](https://bickerton-law.com/2009/11/08/in-the-news-viruses-may-lead-to-child-porn-convictions/) - The Associated Press reports that it is possible for defendants to be wrongfully convicted of child pornography charges due to computer viruses. The story notes that pedophiles and other malicious actors can use computer viruses to remotely store child pornography on a hacked computer. For more information, go to: http://tech.yahoo.com/news/ap/20091108/ap_on_hi_te/us_tec_a_virus_framed_me
- [BriefLaw: Commonwealth v. Chon](https://bickerton-law.com/2009/11/05/brieflaw-commonwealth-v-chon/) - Commonwealth v. Sun Cha Chon 2009 PA Super 212 (11/05/2009) Topic: Prostitution - Dismissal Due to Outrageous Government Conduct - Sex as an Investigative Weapon Summary: When the government intentionally uses sex as an investigative weapon or "acquiesced in such conduct for its own purposes once it knew or should have known that such a
- [BriefLaw: Commonwealth v Garcia-Rivera](https://bickerton-law.com/2009/11/05/brieflaw-commonwealth-v-garcia-rivera/) - Commonwealth v. Melvin Garcia-Rivera 2009 PA Super 213 (11/05/2009) Topic: Sentencing - Deviation from the Sentencing Guidelines - Consecutive Sentences for Multiple Deaths Arising From a Single Event Summary: 1.) When issuing a sentence in the mitigated range of the sentencing guidelines, the sentencing court is required to state its reasons for the downward deviation
- [BriefLaw: Commonwealth v. Steven Smith](https://bickerton-law.com/2009/11/04/brieflaw-commonwealth-v-steven-smith/) - Commonwealth v. Steven T. Smith 2009 PA Super 209 (10/30/2009) Topic: Drug Offenses - Mandatory Sentences - Sentencing Entrapment and Sentencing Manipulation Summary: If the Commonwealth prolongs an investigation in order to increase a defendant's sentence, the mandatory sentence will not apply to the latter sentences. Facts: The Attorney General's Drug Strike Force made four
- [BriefLaw: Commonwealth v. Gregory Ricky Brown](https://bickerton-law.com/2009/11/04/brieflaw-commonwealth-v-gregory-ricky-brown/) - Commonwealth v. Gregory Ricky Brown J-49-2009 (10/20/2009) Topic: Restitution - Payment to a Government Summary: Under 18 Pa.C.S.A. § 1106 Medicare may be a recipient of restitution. Facts: Gregory Brown was convicted of Simple Assault (18 Pa.C.S.A. § 2701(a)(1)) for beating a victim. Medicare paid for a portion of the hospital treatment the victim received.
- [BriefLaw: Commonwealth v. Boich](https://bickerton-law.com/2009/10/29/brieflaw-commonwealth-v-boich/) - Commonwealth v. Daryl Boich 2009 PA Super 195 (10/06/2009) Topic: Rape Charges - Sex Crime - Involuntary Psychiatric Evaluation of a Witness/Victim Summary: A court may not compel a witness/victim to submit to an involuntary psychiatric evaluation unless the record shows a compelling need for the evaluation. Gaps in testimony, even if those gaps are
- [BriefLaw: Commonwealth v. Brown](https://bickerton-law.com/2009/10/29/brieflaw-commonwealth-v-brown/) - Commonwealth v. Zebula Melvin Brown 2009 PA Super 199 (10/14/2009) Topic: Appeal of the Discretionary Aspects of Sentencing- Plea Bargain Summary: A defendant may not challenge the discretionary aspects of a sentence that has been negotiated as part of a plea bargain. However, a defendant may challenge the discretionary aspects of whatever parts of a
- [BriefLaw: Commonwealth v. Rivera](https://bickerton-law.com/2009/10/29/brieflaw-commonwealth-v-rivera/) - Commonwealth v. Juan M. Rivera 2009 PA Super 207 (10/26/2009) Topic: Burglary - What Constitutes an Occupied Structure Summary: A basement that is under the same roof as rooms that are occupied and that is, in itself, suitable for occupation constitutes an occupied structure under the burglary statute, 18 Pa.C.S.A. Section 3503(c)(2). http://www.aopc.org/OpPosting/Superior/out/s50004_09.pdf
- [BriefLaw: Commonwealth v. Perry](https://bickerton-law.com/2009/10/29/brieflaw-commonwealth-v-perry/) - Commonwealth v. Thomas A. Perry, Jr. 2009 PA Super 196 (10/06/2009) Topic: DUI - Reasonable Suspicion for a Traffic Stop Summary: When an officer observes a driver operating a vehicle in such a fashion that there is the potential for an accident, there is reasonable suspicion to stop the vehicle. http://www.aopc.org/OpPosting/Superior/out/s38036_09.pdf
- [In the News: Drug warrants issued in Coraopolis](https://bickerton-law.com/2009/10/29/in-the-news-drug-warrants-issued-in-coraopoli/) - The Pittsburgh Post-Gazette reports that the Allegheny County District Attorney's Office and Coraopolis Police are serving 28 arrest warrants in and around Coraopolis to people believed to be dealing drugs. For more information, go to: http://www.post-gazette.com/pg/09302/1009245-100.stm?cmpid=latest.xml
- [Commentary: Guilty Pleas 101](https://bickerton-law.com/2008/10/12/commentary-guilty-pleas-101/) - On Wednesday October 11th, John Cusack's alleged stalker became a prime example of how many plea bargains are rejected. While entering a no-contest plea, Emily Leatherman claimed that her attorney forced her to enter into the plea agreement. So, the judge rejected the plea and instructed the attorneys to start picking a jury. As she
- [The Basics: How Court Works-What happens after you are arrested](https://bickerton-law.com/2008/11/30/the-basics-how-court-works-what-happens-after-you-are-arrested/) - How does the criminal justice system work? The way the criminal justice system works varies from state to state. This is how the process goes in Pennsylvania: 1.) You are charged with a crime When you are charged with a crime, the police file a complaint with the district magistrate where you are alleged to
- [Commentary: How to pick a criminal defense lawyer](https://bickerton-law.com/2009/02/19/commentary-how-to-pick-a-criminal-defense-lawyer/) - How to Hire a Criminal Defense Lawyer: Many people who go in search of a criminal defense attorney have never been in any type of trouble with the law and don't know where to begin. There are even some who have past experience with the justice system who don't actually know how to pick a
- [Commentary: When dismissed charges come back](https://bickerton-law.com/2009/05/24/commentary-when-dismissed-charges-come-back/) - Former Pennsylvania State Representative Mike Veon was charged with engaging in conduct that creates a conflict of interest (65 Pa.C.S.A. Section 1103); theft by unlawful taking (18 Pa.C.S.A. Section 3921(a)); theft by deception (18 Pa.C.S.A. Section 3922(a)(1)); theft by failure to make required dispositon of funds (18 Pa.C.S.A. Section 3927(a)); misapplication of entrusted property and
- [Commentary: What to learn from Montejo v. Louisiana](https://bickerton-law.com/2009/05/28/commentary-what-to-learn-from-montejo-v-louisiana/) - In the Supreme Court's decision in Montejo v. Louisiana, there are 3 key lessons for defendants to walk away with: 1.) Don't talk to the police.2.) Ask for a lawyer as soon as possible.3.) Don't talk to the police.
- [In the News: Armstrong County to get new drug offender probation officer](https://bickerton-law.com/2008/12/27/in-the-news-armstrong-county-to-get-new-drug-offender-probation-officer/) - In January 2009, Armstrong County will have a new probation officer who will specialize in offenders with serious drug and alcohol problems. This new program is separate from Armstrong County's drug court. Additionally, violent offenders will not qualify for the new supervision program. Compared to other probationers, offenders who are admitted to the program will
- [BriefLaw: Commonwealth v. Woods](https://bickerton-law.com/2009/02/05/brieflaw-commonwealth-v-woods/) - Commonwealth v. Woods 2009 PA Super 19 Topic: Probation Violation - Right to a speedy violation hearingSummary: Probationer was not denied his right to a speedy probation violation hearing where probationer was sentenced for a new offense and was subject to a delay of 15-months before having a probation violation hearing. Illustration: Russell Woods was
- [BriefLaw: Commonwealth v. Eric Richard Johnson](https://bickerton-law.com/2009/02/28/brieflaw-commonwealth-v-eric-richard-johnson/) - Commonwealth v. Eric Richard Johnson 2009 PA Super 36 (2/26/2009) Topic: Probation - Credit for Time Served Summary: Where a defendant was sentenced for a probation violation, the Superior Court concluded that he was entitled to credit for time-served prior to his initial sentencing and time served prior to the sentencing for his probation violation.
- [In the News: PA above average in numbers of citizens in prison, probation, parole](https://bickerton-law.com/2009/03/09/in-the-news-pa-above-average-in-numbers-of-citizens-in-prison-probation-parole/) - A recent study shows that Pennsylvania is above the national average for the number of its citizens in jail, on probation, or on parole. In "One in 31: the Long Reach of American Corrections," by the Pew Center, Pennsylvania is shown to have one out of every 28 citizens under "correctional control." This means that
- [BriefLaw: Commonwealth v. Mears](https://bickerton-law.com/2009/05/05/brieflaw-commonwealth-v-mears/) - Commonwealth v. Mears 2009 PA Super 83 (5/04/2009) Topic: Sentencing Conditions - Random Searches as a Condition of Probation or Parole Summary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of Mears' sentence. The sentence was invalid because 1.) Mears was not sentenced to probation and 2.)
- [BriefLaw: Commonwealth v. Grace May Nuse](https://bickerton-law.com/2009/08/06/brieflaw-commonwealth-v-grace-may-nuse/) - Commonwealth v. Grace May Nuse 2009 PA Super 125 (7/08/2009) Topic: Restitution as a Condition of Probation Summary: An indirect link between a defendant's criminal act and a victim's loss is sufficient where restitution is ordered as a condition of probation. http://www.pacourts.us/OpPosting/Superior/out/A11034_09.pdf
- [BriefLaw: Commonwealth v. Christina Marie Houtz](https://bickerton-law.com/2009/09/19/brieflaw-commonwealth-v-christina-marie-houtz/) - 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
- [BriefLaw: Commonwealth v. Harry Galendez](https://bickerton-law.com/2009/09/19/brieflaw-commonwealth-v-harry-galendez/) - 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
- [Case Summary: Commonwealth v. Love](https://bickerton-law.com/2008/10/02/case-summary-commonwealth-v-love/) - Commonwealth v. Love 2008 PA Super 218 Topic: Repeat Offender-DUI Brief Legal Summary: For the purposes of 3804(b)(2), ARD is considered a conviction on the date of acceptance. Case Summary: Appellant William Joseph Love was convicted of DUI and sentenced as a repeat offender under 75 Pa.C.S.A. § 3806(b). Love was arrested and charged with
- [In the News: PA Police to Conduct Sobriety Checkpoints Each Weekend for a Year](https://bickerton-law.com/2008/10/14/in-the-news-pa-police-to-conduct-sobriety-checkpoints-each-weekend-for-a-year/) - On October 2, 2008, the Pennsylvania State Police announced a year-long initiative "aimed at taking intoxicated motorists off the road." As part of this initiative, state police will conduct DUI checkpoints every weekend of the year. During times of inclement weather, the police will use "roving DUI patrols." For more information, see: http://www.psp.state.pa.us/psp/cwp/view.asp?A=11&Q=177495
- [In the News: Pa DUI Arrests increase 4.4% in 2007, Crime Index Offenses Drop 2.2%](https://bickerton-law.com/2008/10/15/in-the-news-pa-dui-arrests-increase-4-4-in-2007-crime-index-offenses-drop-2-2/) - According to the 2007 Uniform Crime Report, the number of crimes reported to Pennsylvania State Police dropped 2.2 percent in 2007. These statistics include: *Arrests for driving under the influence increased 4.4 percent *Drug-abuse violations increased 0.9 percent *Murders decreased 1.2 percent *Forcible rapes dropped 3.2 percent *Robberies declined 7 percent *Aggravated assaults dropped 3.1
- [BriefLaw: Commonwealth v. Worthy](https://bickerton-law.com/2008/10/27/brieflaw-commonwealth-v-worthy/) - Commonwealth v. Worthy J-39-2008 Topic: DUI Checkpoints Summary: Police officers are permitted to suspend a DUI checkpoint and restart at a later time if the checkpoint creates unreasonable traffic delays. Illustration: Monroeville Police set up a DUI checkpoint on Route 22. The checkpoint began to cause excessive delays in traffic. The police stopped the drunk
- [In the News: PA man sentenced for giving drugs to driver in fatal accident](https://bickerton-law.com/2008/11/19/in-the-news-pa-man-sentenced-for-giving-drugs-to-driver-in-fatal-accident/) - Dominic Rometo was sentenced to 6 to 12 months in jail plus 6 years of probation for involuntary manslaughter. In 2007, Rometo gave his friend, Joshua Ricketts, cocaine, Ecstasy, and inhalants. While Ricketts was driving, Rometo passed him a shirt with the inhalant. After sniffing the inhalant, Ricketts passed out and struck a telephone pole.
- [In the News: DUI Charges against PA Parole Officer dismissed](https://bickerton-law.com/2008/11/20/in-the-news-dui-charges-against-pa-parole-officer-dismissed/) - DUI charges against Pennsylvania parole officer Michael David Naylor were dismissed by York County Court of Common Pleas Judge Thomas H. Kelley. Naylor was charged with assault, driving on the wrong side of the road and DUI.Judge Kelley concluded that the evidence was not sufficient to prove that Naylor was so impaired that he was
- [In the News: New Illinois Interlock law for first time DUIs](https://bickerton-law.com/2008/11/29/in-the-news-new-illinois-interlock-law-for-first-time-duis/) - Beginning January 1st, first-time DUI offenders will be required to install an interlock device on their cars or forfeit their driver's licenses. The law also increases the duration of license suspensions for first-time offenders. If you are found under the influence, you will now receive a six-month license suspension. If you refuse the test, you
- [In the News: PA man pushing for more DUI training for municipal police](https://bickerton-law.com/2008/11/30/in-the-news-pa-man-pushing-for-more-dui-training-for-municipal-police/) - The York Daily Record has a story about how George Geisler, the law enforcement personnel director of the Pennsylvania DUI Association, is advocating for more DUI detection training for local Pennsylvania police officers. In the article, Geisler notes that DUI is the number one crime in Pennsylvania. He argues that only one in four people
- [In the News: DUI Information](https://bickerton-law.com/2008/11/30/in-the-news-dui-information/) - The Lebanon Daily News has an article on DUI where they discuss the dangers as well as the legal trends of driving under the influence. For more information, go to: http://www.ldnews.com/ci_11079178
- [In the News: PA Holiday Weekend accident and DUI statistics](https://bickerton-law.com/2008/12/01/in-the-news-pa-holiday-weekend-accident-and-dui-statistics/) - New data has been released showing that between November 26th and November 30th, 2008, nine people were killed and 321 people were injured in the 1,042 crashes to which state police responded. Of the nine killed, four were involved in alcohol related crashes. The Pennsylvania State Police also issued 5,840 speeding citations and made 416
- [BriefLaw: Commonwealth v. Williamson](https://bickerton-law.com/2008/12/02/brieflaw-commonwealth-v-williamson/) - Commonwealth v. Williamson 2008 PA Super 276 Topic: DUI - Controlled Substances Summary: The test results submitted to prove DUI under 75 Pa.C.S.A. Section 3802(d)(2) do not have to include an amount to support a conviction. Illustration: Tanya Lea Williamson was charged with 75 Pa.C.S.A. Section 3802(d)(2) when a urine test showed a quantity of
- [In the News: Former PGH Police Officer found not guilty of homicide by vehicle while under the influence](https://bickerton-law.com/2008/12/09/in-the-news-former-pgh-police-officer-found-not-guilty-of-homicide-by-vehicle-while-under-the-influence/) - On December 8, 2008, Allegheny County Common Pleas Court Judge Jeffery Manning found former Pittsburgh Police Officer Sean Deasy not guilty of homicide by vehicle while under the influence. Deasy was convicted of involuntary manslaughter and driving under the influence. Deasy was driving 72 mph in a 35 mph zone when he lost control of
- [In the News: ACLU questions legality of "DUI flashlights"](https://bickerton-law.com/2008/12/11/in-the-news-aclu-questions-legality-of-dui-flashlights/) - The ACLU of Northern California questions the legality of "DUI flashlights." Commonly known as passive alcohol sensors, these devices are similar to flashlights and indicate whether a specific amount of alcohol is detected in the area. While law enforcement officials consider the devices to be useful tools, the ACLU contends that it is an unconstitutional
- [In the News: ABI disagrees with DUI checkpoints](https://bickerton-law.com/2008/12/18/in-the-news-abi-disagrees-with-dui-checkpoints/) - The American Beverage Institute (ABI) suggests that DUI checkpoints are ineffective and recommends that checkpoints be replaced with roving patrols. ABI managing director Sarah Longwell said, "“By holding sobriety checkpoints, safety officials are ignoring the root cause of today’s drunk driving problem—hard core alcohol abusers.” The ABI notes that roving patrols are up to
- [In the News: New iPod Breathalyzer Device](https://bickerton-law.com/2008/12/19/in-the-news-new-ipod-breathalyzer-device/) - A new device from David Steele Enterprises works as a Breathalyzer attachment for an iPod or iPhone. For more information, go to: http://www.davidsteele.com/ibreath-ipod-breathalyzer-p/ib-1000.htm http://www.latimes.com/business/la-fi-idrunk19-2008dec19,0,3073178.story
- [In the News: New Washington law permits faster license return after DUI](https://bickerton-law.com/2008/12/30/in-the-news-new-washington-law-permits-faster-license-return-after-dui/) - A new law in Washington state permits drivers convicted of DUI to obtain their regain their license if they have an interlock device installed on their vehicle. For a first-time offense, DUI offenders will have the interlock device on their vehicle for a year. For three or more drunk driving offenses, a driver may have
- [In the News: License suspension for SC 2nd degree DUI](https://bickerton-law.com/2008/12/30/in-the-news-license-suspension-for-sc-2nd-degree-dui/) - On Thursday, a new law takes effect in South Carolina that will require all offenders convicted of a second degree DUI to undergo a one-year driver license suspension. The law also requires the installation of an interlock device on the offender's vehicle. For more information, go to: http://www.wltx.com/news/story.aspx?storyid=69087http://www.wrdw.com/home/headlines/36879504.html
- [In the News: New CA DUI laws](https://bickerton-law.com/2008/12/31/in-the-news-new-ca-dui-laws/) - Starting January 1st, California's DUI laws will be more strict. For offenders who are on probation for a DUI, a blood alcohol reading of .01% or higher will place them in violation. The new provisions also lower the blood alcohol level needed for a court to require that an interlock device be placed on the
- [In the News: Driver of a horse-drawn buggy charged with DUI](https://bickerton-law.com/2008/12/31/in-the-news-driver-of-a-horse-drawn-buggy-charged-with-dui/) - Joseph W. Byler was charged with DUI in Mercer County, Pennsylvania after his horse-drawn buggy collided with another vehicle. Both drivers survived the accident, but the horse did not. For more information, go to: http://www.pittsburghlive.com/x/pittsburghtrib/news/mostread/s_605182.html
- [In the News: New NE interlock law for first-time DUI offenders](https://bickerton-law.com/2009/01/03/in-the-news-new-ne-interlock-law-for-first-time-dui-offenders/) - Nebraska has a new law requiring all first-time DUI offenders to have an interlock device installed on their vehicles. Additionally, anyone convicted of drunk driving where the blood alcohol level (BAC) is above .15% is subject to a mandatory one-year driver's license suspension. After serving two-months without driving, these offenders are eligible for a limited
- [In the News: Proposed Texas DUI Bills](https://bickerton-law.com/2009/01/09/in-the-news-proposed-texas-dui-bills/) - Texas legislators are proposing new DUI laws. In one DUI bills, sobriety checkpoints would be permitted on public roads in Texas. In another bill, any individual in an injury-related accident would be subject to a blood draw, as would anyone with two or more prior DUI convictions. While MADD supports the new bills, some believe
- [In the News: Proposed Kentucky DUI Law changes](https://bickerton-law.com/2009/01/09/in-the-news-proposed-kentucky-dui-law-changes/) - The Kentucky Senate Judiciary Committee has approved a bill that would enhance the existing DUI law. Under the proposed law, anyone found with a detectable level of an illegal drug or a legal drug without a valid prescription could be convicted of DUI. Additionally, the blood alcohol level needed for enhanced punishments would be lowered
- [In the News: PA police officer rejected from ARD](https://bickerton-law.com/2009/01/09/in-the-news-pa-police-officer-rejected-from-ard/) - Officer Gary D.S. Utter was denied acceptance into the ARD program in York County. District Attorney Stan Rebert attributes the rejection to "the circumstances of the case." Although Utter is a first-time offender, he is accused of crashing his patrol car after becoming intoxicated while on duty. Officer Utter's attorney, Harry Ness, is appealing the
- [In the News: FL Judge throws out Intoxillyzer 5000 results](https://bickerton-law.com/2009/01/15/in-the-news-fl-judge-throws-out-intoxillyzer-5000-results/) - Florida's Second District Court of Appeals and Circuit Court has affirmed Manatee County Judge Doug Henderson's ruling that rejected the admission of some 100 Intoxilyzer 5000 results at trial. Two years ago, defense attorneys challenged the admissibility of Intoxilyzer 5000 results because they could not test its accuracy without the source code. CMI, the manufacturer
- [In the News: AZ Congressman proposed deportation for 3rd DUI](https://bickerton-law.com/2009/01/15/in-the-news-az-congressman-proposed-deportation-for-3rd-dui/) - Arizona Representative Jeff Flake is proposing legislation that would make a third DUI a deportable offense for legal and illegal immigrants. Under the current law, an alien may only be deported for an aggravated felony or for a crime involving moral turpitude. Therefore, an alien convicted of multiple DUIs cannot be deported solely on those
- [In the News: MS legislator proposes interlock for first DUI](https://bickerton-law.com/2009/01/23/in-the-news-ms-legislator-proposes-interlock-for-first-dui/) - Mississippi State Representative Philip Gunn is proposing a new DUI law that would require first-time DUI offenders to have an interlock device installed on their vehicles. Under existing DUI law, interlock devices are only mandatory for a second or subsequent DUI offense. For more information, go to: http://www.commercialappeal.com/news/2009/jan/22/dui-bill-calls-for-stricter-penalty/
- [In the News: 52 drivers arrested for DUI Friday, January 23rd](https://bickerton-law.com/2009/01/25/in-the-news-52-drivers-arrested-for-dui-friday-january-23rd/) - On Friday night, 52 drivers in Allegheny County were arrested for DUI by roving patrols. The patrols also arrested 5 for drug crimes and issued 173 traffic citations. The roving patrols are in preparation for Super Bowl weekend. Some expert believe that roving patrols are more effective in catching drunk drivers than sobriety checkpoints. For
- [In the News: PA police plan Super Bowl DUI patrols](https://bickerton-law.com/2009/01/29/in-the-news-pa-police-plan-super-bowl-dui-patrols/) - Police enforcement agencies throughout Pennsylvania are planning to heighten DUI enforcement Super Bowl weekend. For more information, go to: http://www.sungazette.com/page/content.detail/id/521877.html http://ydr.inyork.com/ci_11564017
- [Commentary: Crimes often charged after celebrations and sporting events](https://bickerton-law.com/2009/01/31/commentary-crimes-often-charged-after-celebrations-and-sporting-events/) - Pittsburgh Police have announced that, because of the Pittsburgh Steelers playing in the Super Bowl, 500 police officers will be on duty in the City of Pittsburgh to help maintain order and protect public safety. In the aftermath of major sporting events, many who are celebrating end up facing criminal charges. There are a handful
- [In the News: 2 Pedestrians stopped at PA DUI checkpoint](https://bickerton-law.com/2009/02/12/in-the-news-2-pedestrians-stopped-at-pa-dui-checkpoint/) - Two pedestrians in Perry County, PA were charged with public intoxication after allegedly walking through a DUI checkpoint. Although the charges strike many as being odd, Fran Chardo, a first-district attorney in Dauphin County said, "Being intoxicated in public is not the crime. It requires a little bit more than that. The law requires intoxication
- [BriefLaw: Commonwealth v. O’Malley](https://bickerton-law.com/2008/10/11/brieflaw-commonwealth-v-o’malley/) - Commonwealth v. O’Malley 2008 PA Super 224 Topic: Sentencing Summary: If you negotiate a sentence, you can’t come back and challenge the discretionary aspects of sentencing. http://origin-www.aopc.org/OpPosting/Superior/out/s36045_08.pdf
- [BriefLaw: Commonwealth v. Scassera](https://bickerton-law.com/2009/01/09/brieflaw-commonwealth-v-scassera/) - Commonwealth v. Scassera 2009 PA Super 1 (1/05/2009) Topic: Law of the Case Doctrine & Sentencing Guidelines Summary: 1.) Where a higher court has ruled on an issue, a lower court cannot contradict the higher court's decision. 2.) A sentencing court must consider the Sentencing Guidelines when issuing sentence. Therefore, the calculation of the prior
- [BriefLaw: Commonwealth v. Michael John Paul Macias](https://bickerton-law.com/2009/03/17/brieflaw-commonwealth-v-michael-john-paul-macias/) - Commonwealth v. Michael John Paul Macias 2009 PA Super 45 (3/17/2009) Topic: Sentencing - Abuse of Discretion - Impermissible Factors to Consider Summary: Where a sentencing court justifies its enhanced sentence (in part) by stating that the facts of the case support a more serious offense, it has not abused its discretion. Illustration: Macias entered
- [In the News: PA may require violent offenders to register under Megan's Law](https://bickerton-law.com/2009/03/19/in-the-news-pa-may-require-violent-offenders-to-register-under-megans-law/) - Pennsylvania lawmakers are currently considering legislation that would require "ultra-violent" offenders to register under Megan's Law. Under a Megan's Law registry, members of the general public are able to see who the violent offenders are and where they live. According to State Representative Thomas Caltagirone, the proposed law would "just targe[t] those that are the
- [BriefLaw: Commonwealth v. Ede](https://bickerton-law.com/2009/03/31/brieflaw-commonwealth-v-ede/) - Commonwealth v. Ede 529 MAL 2008 (3/26/2009) Topic: Recidivist Sentencing Laws Summary: In Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. 2008), Ede was twice convicted of fleeing or eluding from law enforcement. However, Ede committed the second fleeing or eluding before he was convicted of the first. The Superior Court concluded that a recidivist
- [In the News: Judges only permitted to ban convicts from city for county sentence](https://bickerton-law.com/2009/04/12/in-the-news-judges-only-permitted-to-ban-convicts-from-city-for-county-sentence/) - Federal Judge Robert C. Mitchell has ruled that common pleas judges in Pennsylvania are permitted to ban convicts from a municipality only when the defendant is given a "county sentence" (a county sentence is any sentence less than two years of incarceration). When a defendant is given a "state sentence" (a sentence of more than
- [BriefLaw: Commonwealth v. Matthew Wayne Dietrich](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-matthew-wayne-dietrich/) - Commonwealth v. Matthew Wayne Dietrich J-61-2009 (5/27/2009) Topic: Restitution - Amending a Restitution Order Summary: The Pennsylvania Supreme Court concluded that a restitution order that sets an amount of restitution and states that the order is subject to later modification is not invalid. Further, under 18 Pa.C.S.A. Section 1106(c)(3), a court may modify restitution at
- [BriefLaw: Commonwealth v. Syvol Bowen](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-syvol-bowen/) - Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009) Topic: Sentencing - Fifth Amendment Right to Remain Silent Summary: A sentencing court may not use a defendant's silence as its sole reason for enhancing a sentence. Additionally, a sentencing court may not use a defendant's silence at a sentencing hearing as a proof that the
- [In the News: Tough sentencing crowds prisons but does not lower crime](https://bickerton-law.com/2009/08/23/in-the-news-tough-sentencing-crowds-prisons-but-does-not-lower-crime/) - 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
- [BriefLaw: Commonwealth v. Jeffrey A. Madeira](https://bickerton-law.com/2009/09/19/brieflaw-commonwealth-v-jeffrey-a-madeira/) - 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
- [In the News: Man arrested after Westmoreland County car chase](https://bickerton-law.com/2008/10/01/in-the-news-man-arrested-after-westmoreland-county-car-chase/) - Corey Milne was arrested after leading police on a 17 minute car chase in Westmoreland County. Milne was charged with twenty-two counts including: two counts of aggravated assault, four counts of recklessly endangering another person, criminal mischief, resisting arrest, fleeing or attempting to elude law enforcement, altered or forged documents and plates, reckless driving, driving
- [In the News: Blair County hopes to provide county inmates with online legal research](https://bickerton-law.com/2008/11/29/in-the-news-blair-county-hopes-to-provide-county-inmates-with-online-legal-research/) - The Blair County Commission will be voting on a proposal to give Westlaw access to its inmates. Westlaw is an online legal research tool that the prison warden hopes will reduce the cost of providing legal materials to inmates. For more information, go to: http://www.post-gazette.com/pg/08333/931377-100.stm?cmpid=latest.xml
- [In the News: PGH Police plan 500 officer force Super Bowl Sunday](https://bickerton-law.com/2009/01/31/in-the-news-pgh-police-plan-500-officer-force-super-bowl-sunday/) - The Pittsburgh Police plan to have 500 officers on duty on Sunday night. A police spokesperson stated that the show of force is in the interest of public safety. For more information, go to: http://www.wpxi.com/sports/18606760/detail.html
- [In the News: PGH Police report on post-Super Bowl activity](https://bickerton-law.com/2009/02/03/in-the-news-pgh-police-report-on-post-super-bowl-activity/) - The Pittsburgh Police released a report showing the number of citations and arrests resulting from the post-Super Bowl festivities in the City of Pittsburgh. The report shows that 50 citations were issued in Oakland while 8 were issued on the South Side; and 6 people were arrested in Oakland while 4 were arrested on the
- [In the News: Pittsburgh Police warn of charges against those living in foreclosed homes](https://bickerton-law.com/2009/02/25/in-the-news-pittsburgh-police-warn-of-charges-against-those-living-in-foreclosed-homes/) - The Pittsburgh Police have issued a warning that anyone found residing in a foreclosed home will be charged with an offense ranging from trespassing to burglary (Burglary is a felony-level offense in Pennsylvania). For more information, go to: http://www.foxnews.com/story/0,2933,498669,00.html
- [In the News: States consider eliminating death penalty as budgetary maneuver](https://bickerton-law.com/2009/03/04/in-the-news-states-consider-eliminating-death-penalty-as-budgetary-maneuver/) - **UPDATED 3/09/2009** For years, opponents of the death penalty have challenged the practice by arguing that it is immoral, racist, and barbaric. In the current economic climate, an economic argument may be the winning one. Currently, Kansas, New Mexico, and Colorado have legislation pending that would abolish the death penalty. Proponents argue that the money
- [In the News: Butler County PA inmates to get online legal research](https://bickerton-law.com/2009/03/04/in-the-news-butler-county-pa-inmates-to-get-online-legal-research/) - In a move that will save Butler County, Pennsylvania over $20,000 per year, inmates in the Butler County Jail will receive access to LexisNexis. The computerized legal research system will allow the county meet its legal obligation to provide access to legal research to prisoners. For more information, go to: http://www.post-gazette.com/pg/09063/953113-100.stm?cmpid=latest.xml
- [In the News: Federal judge rules that 'flipping the bird' is valid under 1st Amendment](https://bickerton-law.com/2009/03/24/in-the-news-federal-judge-rules-that-flipping-the-bird-is-valid-under-1st-amendment/) - In 2006, Pittsburgh Police Officer Brian Elledge cited David Hackbart with disorderly conduct for displaying his middle finger to Elledge and an unnamed motorist. After Hackbart filed suit in federal court, U.S. District Court Judge David Cercone ruled that displaying one's middle finger is protected speech under the First Amendment and is therefore not a
- [In the News: Allegheny County trial postponements limited](https://bickerton-law.com/2009/04/04/in-the-news-allegheny-county-trial-postponements-limited/) - On Thursday, April 2nd, the Allegheny County Court of Common Pleas issued an order limiting the number of postponements granted in the Criminal Division. According to the order, the district attorney and defense counsel will only permitted to request one postponement the day of trial. For more information, go to: http://www.post-gazette.com/pg/09094/960570-85.stm
- [In the News: PGH 911 Operator incorrectly reported "no weapons" on site of fatal shooting](https://bickerton-law.com/2009/04/07/in-the-news-pgh-911-operator-incorrectly-reported-no-weapons-on-site-of-fatal-shooting/) - The Pittsburgh Post-Gazette reports that a 911 operator incorrectly noted that there were no weapons in the home where three City of Pittsburgh police officers were killed on Saturday, April 4th. According to the report, Margaret Poplawski told the 911 operator that her son had guns in the home. However, the operator noted that there
- [In the News: Former PA Juvenile Court Judges withdraw pleas](https://bickerton-law.com/2009/08/25/in-the-news-former-pa-juvenile-court-judges-withdraw-pleas/) - Former Luzerne County Juvenile Court judges Mark Ciavarella and Michael Conahan have withdrawn their guilty pleas. Under the plea agreement, Ciavarella and Conahan were to serve 87 months in prison. After concluding that the former judges did not comply with the terms of the plea bargain, Senior US District Judge Edward M. Kosik rejected the
- [In the News: PGH considers ordinance banning public urination](https://bickerton-law.com/2009/09/10/in-the-news-pgh-considers-ordinance-banning-public-urination/) - Pittsburgh City Council is currently considering an ordinance that would issue a $500 fine to anyone caught urinating outdoors on public or private property. Under the current form of the ordinance, anyone who urinates on property with the owner's consent would not be fined. For more information, go to: http://www.post-gazette.com/pg/09253/996893-53.stm
- [In the News: PGH City Council may decline mask ordinance](https://bickerton-law.com/2009/09/10/in-the-news-pgh-city-council-may-decline-mask-ordinance/) - In a preliminary vote, only two members of Pittsburgh City Council voted to enact an ordinance that would prohibit the wearing of any device that would obscure one's identity when committing a crime. Some members of council believed that the ordinance would violate civil liberties while others believed that the ordinance would be a useful
- [In the News: Approved for probation but still in jail due to budget impasse](https://bickerton-law.com/2009/09/15/in-the-news-approved-for-probation-but-still-in-jail-due-to-budget-impasse/) - The Pittsburgh Tribune Review reports that, as a result of the current budget impasse in Pennsylvania, several inmates who have been approved to be released from jail on probation. The inmates in question are homeless. Due to the still-unpassed state budget, emergency shelters are unable to accept the homeless inmates. Therefore, the inmates must remain
- [More protests in Oakland Saturday night](https://bickerton-law.com/2009/09/26/g20-protests-saturday/) - On Saturday night, a group gathered in the Oakland section of Pittsburgh to protest police actions during demonstrations held during the two-day Pittsburgh G20 summit. While almost 200 people were arrested during the demonstrations on Thursday and Friday, as of 11:58 pm on the 26th, there have been reported arrests in Saturday night's march. For
- [In the News: Attorney-client calls in PGH jail recorded, given to prosecutors](https://bickerton-law.com/2009/10/23/in-the-news-attorney-client-calls-in-pgh-jail-recorded-given-to-prosecutors/) - The Pittsburgh Post-Gazette reports that the Allegheny County Jail has taped attorney-client telephone calls and released some of those tapes to the U.S. Attorney's Office. Jail officials contend that the taping was likely the inadvertent result of a change in the jail's phone system. For more information, go to: http://www.post-gazette.com/pg/09296/1007757-53.stm
- [In the News: Craigslist lawsuit dismissed](https://bickerton-law.com/2009/10/23/in-the-news-craigslist-lawsuit-dismissed/) - U.S. District Court Judge John Grady has dismissed a lawsuit filed against Craiglist alleging that the company failed to adequately deter prostitutes from posting in its "Erotic Services" (now "Adult Services") section. Judge Grady concluded that the services offered were for legal activities such as erotic dancing and did not explicitly promote prostitution. Judge Grady
- [In the News: Arsonist charged with murder for heart attack deaths](https://bickerton-law.com/2009/10/23/in-the-news-arsonist-charged-with-murder-for-heart-attack-deaths/) - Rickie Lee Fowler has been charged with five counts of first-degree murder after after five men died from heart attacks during the 2003 San Bernadino wildfires. Supervising Deputy District Attorney Victor Strull contends that, even though the men did not die in the fire, their deaths were the direct result of Fowler setting the fire.
- [BriefLaw: Commonwealth v. Desmond Scott](https://bickerton-law.com/2009/02/28/brieflaw-commonwealth-v-desmond-scott/) - Commonwealth v. Desmond Scott 2009 PA Super 34 (2/25/2009) Topic: Escape Charges - Parole v. Pre-release Status Summary: Where a defendant is under pre-release status, he is not on parole and can thus be charged with escape if he leaves detention without permission. http://www.pacourts.us/OpPosting/Superior/out/a01010_09.pdf
- [BriefLaw: Commonwealth v. Hakim Johnson](https://bickerton-law.com/2009/03/11/brieflaw-commonwealth-v-hakim-johnson/) - Commonwealth v. Hakim Johnson 2009 PA Super 41 (3/11/2009) Topic: Suppression of Evidence - Exigency Exception to the Warrant Requirement Summary: Where a police officer is attempting to determine the identity of a crime victim who is not suspected of committing a crime, exigent circumstances exist and a warrantless search will be justified. Illustration: Hakim
- [BriefLaw: Commonwealth v. John Charles Lee](https://bickerton-law.com/2009/03/16/brieflaw-commonwealth-v-john-charles-lee/) - Commonwealth v. John Charles Lee, II 2009 PA Super 43 (3/13/2009) Topic: DUI - Suppression of Evidence - Exigent Circumstances Summary: Where the police were investigating a report of property damage (an offense that is considered to be of low-gravity), there was no proof that the occupants of the home were armed & dangerous, and
- [BriefLaw: Commonwealth v. William Mikell](https://bickerton-law.com/2009/03/17/brieflaw-commonwealth-v-william-mikell/) - Commonwealth v. William Mikell 2009 PA Super 44 (3/17/2009) Topic: PCRA - Waiver - Reinstatement of Right to a Direct Appeal Summary: When an issue is waived on direct appeal, an appellant cannot later claim that he was denied the right to a direct appeal. Illustration: On direct appeal, Mikell's counsel failed to properly preserve
- [BriefLaw: Commonwealth v. Leon Parham](https://bickerton-law.com/2009/04/08/brieflaw-commonwealth-v-leon-parham/) - Commonwealth v. Leon Parham 2009 PA Super 61 (4/03/2009) Topic: Merger of Rape and Statutory Sexual Assault Summary: For purposes of sentencing, rape and statutory sexual assault (statutory rape) do not merge. Illustration: Parham was convicted of rape and statutory sexual assault based upon one act of sexual intercourse. Since each offense requires an element
- [BriefLaw: Commonwealth v. Marvin Jamine Robinson](https://bickerton-law.com/2009/04/10/brieflaw-commonwealth-v-marvin-jamine-robinson/) - Commonwealth v. Marvin Jamine Robinson 2009 PA Super 65 (4/09/2009) Topic: Post-Conviction Relief Act - Pro se Representation Summary: Where an appellant wishes to represent himself in a PCRA proceeding, the court must conduct a full colloquy pursuant to Pa.R.Crim.P. 121 before permitting the appellant to proceed pro se. Note: This decision overrules the opinion
- [BriefLaw: Commonwealth v. Dwayne Brown](https://bickerton-law.com/2009/04/20/brieflaw-commonwealth-v-dwayne-brown/) - Commonwealth v. Dwayne Brown 2009 PA Super 69 (4/15/2009) Topic: PCRA-Ineffective Assistance of Counsel - Conflict of Interest Summary: Although dual representation does not create an automatic conflict of interest, an attorney who attempts to represent multiple parties must obtain the defendants' consent before attempting dual representation. Further, the fact that one of the co-defendants
- [BriefLaw: In the Interest of M.W.](https://bickerton-law.com/2009/05/05/brieflaw-in-the-interest-of-m-w/) - In the Interest of M.W. 2009 PA Super 85 (5/05/2009) Topic: Self-Incrimination - Cross-Examination Summary: Where a defendant takes the stand for limited purposes, s/he must state the limited purpose and invoke the Fifth Amendment right against self-incrimination before testifying in order to "plead the Fifth" during cross-examination. http://www.pacourts.us/OpPosting/Superior/out/S20001_09.pdf
- [BriefLaw: Commonwealth v. Michael Burton](https://bickerton-law.com/2009/05/17/brieflaw-commonwealth-v-michael-burton/) - Commonwealth v. Michael Burton 2009 PA Super 87 (5/13/2009) Topic: Statement Pursuant to 1925(b) - Waiver - Late Filing Summary: The late filing of a 1925(b) statement is per se ineffectiveness. Therefore, the late filing of a 1925(b) statement will be treated the same as the failure to file a 1925(b) statement (The Court will
- [BriefLaw: Commonwealth v. C.L.](https://bickerton-law.com/2008/12/18/brieflaw-commonwealth-v-c-l/) - Commonwealth v. C.L. 2008 PA Super 286 Topic: Court Fees - Juvenile Court Summary: Where a juvenile has not been adjudicated delinquent or found guilty and maintains his innocence, the court cannot impose fees. http://www.pacourts.us/OpPosting/Superior/out/a24045_08.pdf
- [BriefLaw: Commonwealth v. Schwing](https://bickerton-law.com/2008/12/29/brieflaw-commonwealth-v-schwing/) - Commonwealth v. Schwing 2008 PA Super 292 Topic: Suppression - Miranda Warnings - Custodial Detention Summary: Defendant was told that he was free to go at any time but, due to his lack of experience with police, did not feel that he was free to leave. The Superior Court concluded that there was no custodial
- [BriefLaw: Commonwealth v. Hunter](https://bickerton-law.com/2009/01/09/brieflaw-commonwealth-v-hunter/) - Commonwealth v. Hunter 2008 PA Super 294 (12/31/2008) Topic: Parolee-Validity of Search Summary: Regardless of any waivers a parolee may have signed, the search of a parolee's home must be supported by reasonable suspicion. Reasonable suspicion exists where a parolee is in violation, the parolee has absconded from supervision, and the officers are attempting to
- [BriefLaw: Commonwealth v. Hanna](https://bickerton-law.com/2009/01/20/brieflaw-commonwealth-v-hanna/) - Commonwealth v. Hanna 2009 PA Super 3 Topic: Expungements Summary: When a defendant files a motion to expunge, the Commonwealth bears the burden of proving that Commonwealth v. Lutz is applicable. If Lutz is not applicable, then the court will determine whether the record will be expunged under the test set forth in Commonwealth v.
- [BriefLaw: Commonwealth v. Snyder, et al.](https://bickerton-law.com/2009/01/23/brieflaw-commonwealth-v-snyder-et-al/) - Commonwealth v. Snyder, et al. J-56ABCD-2008 Topic: Suppression of Results from Destroyed Evidence Summary: Where the prosecution has destroyed evidence before the defense has the opportunity to test and/or examine the evidence, suppression may only be granted if the evidence is exculpatory and the prosecutor acted in bad faith. Therefore, to merit suppression, the defendant
- [BriefLaw: Commonwealth v. Hoke](https://bickerton-law.com/2009/01/23/brieflaw-commonwealth-v-hoke/) - Commonwealth v. Hoke J-167-2008 Topic: Mandatory Sentence - Conspiracy to Manufacture a Controlled Substance Summary: The mandatory minimum sentencing provision of 35 P.S. § 780-113(k) does not apply to conspiracy to manufacture of a controlled substance. The Pennsylvania Supreme Court concluded that the provisions of 35 P.S. § 780-113(k) do not mention or otherwise refer
- [BriefLaw: Commonwealth v. McCoy](https://bickerton-law.com/2009/01/27/brieflaw-commonwealth-v-mccoy/) - Commonwealth v. McCoy J-48-2008 Topic: Firearm Offenses-Discharge of Weapon into an Occupied Structure Summary: The Pennsylvania Supreme Court held that a person cannot be convicted of discharging a firearm into an occupied structure if the defendant is inside the occupied structure when firing the shot. http://www.pacourts.us/OpPosting/Supreme/out/J-48-2008mo.pdf
- [BriefLaw: Commonwealth v. Pridgen](https://bickerton-law.com/2009/01/27/brieflaw-commonwealth-v-pridgen/) - Commonwealth v. Pridgen 2009 PA Super 12 Topic: Suppression-Wiretaps Summary: The Pennsylvania Superior Court held that evidence that is the result of an illegal wiretap may be admissible under certain circumstances, but the transcript and recording of the illegal wiretap is not admissible. http://www.pacourts.us/OpPosting/Superior/out/a36017_08.pdf
- [BriefLaw: Commonwealth v. Maldonado, et al.](https://bickerton-law.com/2009/01/27/brieflaw-commonwealth-v-maldonado-et-al/) - Commonwealth v. Maldonado, et al. 2009 PA Super 15 Topic: Escape - Defendants on Probation and Parole Summary: The Pennsylvania Superior Court determined that 18 Pa.C.S.A. § 5121 applies to probationers and parolees who have violated the terms of their release, are on "pre-release status" and detained pending a violation hearing. Therefore, a probationer or
- [BriefLaw: Commonwealth v. Kneller](https://bickerton-law.com/2009/02/04/brieflaw-commonwealth-v-kneller/) - Commonwealth v. Kneller 2009 PA Super 18 Topic: Animal Cruelty - Owner Using a Firearm to Terminate Animal's Life Summary: An animal's owner may humanely terminate the life of his or her animal by the use of barbiturates or by the use of a firearm without being charged with cruelty to animals. http://www.pacourts.us/OpPosting/Superior/out/e05002_08.pdf
- [BriefLaw: Commonwealth v. Crork](https://bickerton-law.com/2009/02/13/brieflaw-commonwealth-v-crork/) - Commonwealth v. Crork 2009 PA Super 24 (2/10/2009) Topic: Tattoo Identification Summary: The Pennsylvania Superior Court concluded that a tattoo is an inanimate object and not subject to the heightened identification/line-up protections to which an individual himself is entitled. http://www.pacourts.us/OpPosting/Superior/out/S53010_08.pdf
- [BriefLaw: Commonwealth v. Stutler](https://bickerton-law.com/2009/02/13/brieflaw-commonwealth-v-stutler/) - Commonwealth v. Stutler 2009 PA Super 30 (2/11/2009) Topic: Use of Statements Made as a Result of Plea Negotiations Summary: Where the defendant's statement is involuntary and/or solicited and the defendant is under arrest, statements made as a result of a plea negotiation are not admissible at trial, even where the defendant's reneges on the
- [BriefLaw: Commonwealth v. Nava](https://bickerton-law.com/2009/02/13/brieflaw-commonwealth-v-nava/) - Commonwealth v. Nava 2009 PA Super 28 (2/11/2009) Topic: State Judge requiring Illegal Alien to Leave Pennsylvania Summary: State judges are permitted to investigate the citizenship status of a defendant. Further, a sentencing judge may not order an illegal alien to leave the state: "Under the pretext of punishment, and the cover of the sentencing
- [BriefLaw: R.W.E. v. A.B.K. and M.K.](https://bickerton-law.com/2008/10/26/brieflaw-r-w-e-v-a-b-k-and-m-k/) - R.W.E. v. A.B.K. and M.K. 2008 PA Super 253*This is not a Criminal Law case, but is interesting nonetheless* Topic: Child Paternity Summary: Where a father has claimed paternity of a child when he is aware that he may not be the biological father, he may not later claim fraud and attempt to rescind the
- [BriefLaw: Commonwealth v. Foster](https://bickerton-law.com/2008/10/26/brieflaw-commonwealth-v-foster/) - Commonwealth v. Foster 2008 PA Super 252 Topic: Mandatory Minimum Sentences Summary: A challenge alleging that a trial court erroneously applied a mandatory minimum sentence challenges the legality of the sentence, not the discretionary aspects of sentencing. Therefore, a challenge to the application of an erroneously applied mandatory minimum sentence is "non-waivable." http://www.pacourts.us/OpPosting/Superior/out/A04002_08.pdf
- [BriefLaw: U.S. v. Ganun](https://bickerton-law.com/2008/11/12/brieflaw-u-s-v-ganun/) - U.S. v. Ganun (1st Cir.) No. 08-1416 Topic:Mandatory Minimum Sentencing for Crack Cocaine Summary: 18 U.S.C. § 3582(c)(2) and the crack cocaine amendment do not affect mandatory minimum sentences for crack cocaine. http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=08-1416P.01A
- [BriefLaw: Commonwealth v. Jamar Johnson](https://bickerton-law.com/2008/11/17/brieflaw-commonwealth-v-jamar-johnson/) - Commonwealth v. Jamar Johnson 2008 PA Super 269 Topic: Sentencing-Apprendi Violation Summary: Where the defendant had conceded an element of an offense that led to an increase in the grading of the offense, the jury does not need to make a specific finding of fact on that element. Illustration: The defendant was accused of witness
- [BriefLaw: Commonwealth v. Dowling](https://bickerton-law.com/2008/11/19/brieflaw-commonwealth-v-dowling/) - Commonwealth v. Dowling J-88-2008 Topic: Jury Trial Waiver-When Trial Commences Summary: For purposes of Pa.R.Crim.P. 621(b), a trial has commenced "when a court has begun to hear motions which have been reserved for the time of trial; when oral arguments have commenced; or when some other such substantive first step in the trial has begun."
- [BriefLaw: Commonwealth v. Teeter](https://bickerton-law.com/2008/11/19/brieflaw-commonwealth-v-teeter/) - Commonwealth v. Teeter 2008 PA Super 272 Topic: Mandatory Sentence-Dealing Drugs near a Bus Stop Summary: Where a person deals drugs within 500 feet of a bus stop, the mandatory minimum sentence will apply regardless of whether the stop is marked or if school is not in session Illustration: The defendant was convicted of dealing
- [BriefLaw: Johnson v. Tennis](https://bickerton-law.com/2008/11/19/brieflaw-johnson-v-tennis/) - Johnson v. Tennis No. 07-1968 (3rd Circuit)Topic: Bruton Rule- Non-Jury Trial Summary: The Bruton rule, which bars the incriminating testimony of a non-testifying co-defendant which implicates the defendant, does not apply to non-jury trials. http://www.ca3.uscourts.gov/opinarch/071968p.pdf
- [BriefLaw: Commonwealth v. Kemp](https://bickerton-law.com/2008/11/29/brieflaw-commonwealth-v-kemp/) - Commonwealth v. Kemp, 2008 PA Super 274 Topic: Motor Vehicle Stops-Ortiz and Johnson Summary: When a defendant is told he is free to leave in a motor vehicle stop and the police officers engage him before he leaves the scene, the police officers are not required to disregard the facts observed during the initial stop.
- [BriefLaw: Commonwealth v. Chase](https://bickerton-law.com/2008/11/29/brieflaw-commonwealth-v-chase/) - Commonwealth v. Chase, J-116-2006 Topic: Motor Vehicle Stop-Reasonable Suspicion for Stop Summary: Chase argued that the Pennsylvania Legislature acted unconstitutionally by lowering the standard for motor vehicle stops from probable cause to reasonable suspicion. The Supreme Court concluded that 75 Pa.C.S.A. Section 6308(b) is not unconstitutional under the Pennsylvania or United States Constitutions. Further, the
- [BriefLaw: Commonwealth v. Springer](https://bickerton-law.com/2008/12/02/brieflaw-commonwealth-v-springer/) - Commonwealth v. Springer 2008 PA Super 275 Topic: Burglary Merger- Possession With Intent to Deliver Summary: Under 18 Pa.C.S.A. Section 3502(d), burglary does not merge with the offense intended to be committed inside the structure if the offense is a first or second degree felony. Illustration: Carl W. Springer was convicted of burglary. He was
- [BriefLaw: Commonwealth v. Boyer](https://bickerton-law.com/2008/12/11/brieflaw-commonwealth-v-boyer/) - Commonwealth v. Boyer 2008 PA Super 279 Topic: PCRA-Ineffectiveness-Miranda Warnings Summary: A defendant was Mirandized and refused to talk to a first police officer. A second police officer came in and began asking the defendant questions without giving him his Miranda warnings again. The defendant confessed. The defendant's trial attorney did not attempt to have
- [BriefLaw: Commonwealth v. McMullen](https://bickerton-law.com/2008/12/18/brieflaw-commonwealth-v-mcmullen/) - Commonwealth v. McMullen J-186-2008 Topic: Limits on the Right to a Jury Trial - Criminal Contempt Summary: Any statute passed by the Pennsylvania Legislature that interferes with the Pennsylvania Supreme Court's procedural rule-making power is unconstitutional. The Supreme Court held that issues involving the right to a jury trial and issues involving punishments for contempt of
- [BriefLaw: Commonwealth v. Fithian & Borzelleca](https://bickerton-law.com/2008/12/18/brieflaw-commonwealth-v-fithian-borzelleca/) - Commonwealth v. Fithian & Borzelleca J-85A&B-2008 Topic: Compulsory Joinder Summary: The compulsory joinder statute (the 2002 amendments to 18 Pa.C.S.A. Section 110) does not apply where the offenses took place in the same judicial district as a previous prosecution. Illustration: The two defendants committed crimes, arising from the same incident, in two separate counties. However,
- [BriefLaw: Commonwealth v. Samuel](https://bickerton-law.com/2008/12/18/brieflaw-commonwealth-v-samuel/) - Commonwealth v. Samuel J-46-2008 Topic: Two Strikes Law - Burglary Summary: Under the two strikes law (42 Pa.C.S.A. § 9714), the facts that make the mandatory sentence applicable are found by the sentencing court and not by the jury. In the case of a burglary, the mandatory sentence is applicable if the sentencing court can
- [Case Summary: Commonwealth v. Mann](https://bickerton-law.com/2008/09/30/case-summary-commonwealth-v-mann/) - Commonwealth v. Mann 2008 PA Super 215Topic: Allocation of Jail Time-Parole Violator Brief Legal Summary: If the defendant has a detainer and has failed to post bond on his new charge, the time in must go to the new charge. If the new sentence is shorter than the time served, the sentencing court must indicate
- [Case Summary: Commonwealth v. Leidig](https://bickerton-law.com/2008/10/05/case-summary-commonwealth-v-leidig/) - Commonwealth v. Leidig, Pa. Supreme Court, J-24-2008 Topic: Plea Bargain Notifications-Megan's Law Brief Legal Summary: The failure to be warned about the Megan's Law registry requirements will not invalidate a guilty plea. Case Summary: Appellant Todd Leidig entered an open nolo contendere plea to aggravated indecent assault in September 2002. A full oral colloquy was
- [BriefLaw: Commonwealth v. Green](https://bickerton-law.com/2008/10/06/brieflaw-commonwealth-v-green/) - Commonwealth v. Green 2008 PA Super 220Topic: Sentencing Summary: Where a trial court fails to distinguish a drug dealing case from a garden variety drug dealing case, there is not sufficient justification to sentence someone to five times the aggravated range. http://origin-www.aopc.org/OpPosting/Superior/out/s51017_08.pdf
- [BriefLaw: Commonwealth v. Pantalion](https://bickerton-law.com/2008/10/07/brieflaw-commonwealth-v-pantalion/) - Commonwealth v. Pantalion 2008 PA Super 226 Topic: Forgery Summary: Since a money order has an “intrinsic monetary value,” forgery of a money order is a second-degree felony. http://origin-www.aopc.org/OpPosting/Superior/out/s33009_08.pdf
- [Case Summary: In the Interest of O.J.](https://bickerton-law.com/2008/10/08/case-summary-in-the-interest-of-o-j/) - In the Interest of O.J. 2008 PA Super 234Topic: Motor Vehicle Stop-Vehicle Search Brief Legal Summary: If the driver or passenger of a vehicle makes furtive movements in a vehicle, the police may search the area where the movements were directed for their safety: Case Summary: The police observed O.J.'s vehicle going 40mph in a
- [BriefLaw: Commonwealth v. Morris](https://bickerton-law.com/2008/10/09/brieflaw-commonwealth-v-morris/) - Commonwealth v. Morris 2008 PA Super 235Topic: Enhanced Sentencing-HomicideSummary: For sentencing purposes, where two murders are tried together, the second charge may be used to give the defendant a mandatory life sentence under 42 Pa.C.S.A. § 9715. http://www.pacourts.us/OpPosting/Superior/out/E03006_08.pdf
- [BriefLaw: Commonwealth v. Santana](https://bickerton-law.com/2008/10/19/brieflaw-commonwealth-v-santana/) - Commonwealth v. Santana 2008 PA Super 246 Topic: Escape-What is a detention for escape purposes Summary: Where law enforcement has put on a display of force and attempts to "restrain the liberty" of the defendant, there is a detention. Example: Santana was asked to come off of a roof to speak to the police. Santana
- [BriefLaw: Commonwealth v. Hacker](https://bickerton-law.com/2008/10/19/brieflaw-commonwealth-v-hacker/) - Commonwealth v. Hacker 2008 PA Super 239 Topic: Criminal Solicitation-Specific Intent Summary: Where a person is charged with criminal solicitation, the defendant must have the specific intent to commit the underlying offense. Therefore, unless the defendant meant to commit or facilitate the underlying crime, s/he can't be found guilty of solicitation. Illustration: Rape of a
- [BriefLaw: Montejo v. Louisiana](https://bickerton-law.com/2009/05/28/brieflaw-montejo-v-louisiana/) - Montejo v. Louisiana U.S. SCT 07-1529 (May 26, 2009) Topic: Right to Counsel - Miranda Rights - Custodial Interrogation Summary: In order for the right to counsel to be invoked, the defendant must proactively request a lawyer. The mere appointment of an attorney will not be sufficient unless the defendant asked for a lawyer. http://www.supremecourtus.gov/opinions/08pdf/07-1529.pdf
- [BriefLaw: Commonwealth v. Antoine Ligons](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-antoine-ligons/) - Commonwealth v. Antoine Ligons J-121-2007 (5/27/2009) Majority Opinion by Justice Baer (joined by Justice Todd, joined by Justice Saylor in parts I-IV, VI, and VIII; joined by Chief Justice Castille, Justice Eakin and Justice McCaffery in parts I, the first half of part V, and the first half of part VII); Concurring Opinion by Chief
- [BriefLaw: Commonwealth v. Charles Joseph Lucarelli](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-charles-joseph-lucarelli/) - Commonwealth v. Charles Joseph Lucarelli J-83-2008 (5/27/2009) Topic: Right to Counsel - Waiver or Forfeiture of Right to Counsel Summary: Where a defendant forfeits his right to counsel, Pa.R.Crim. P. 121 does not apply and a colloquy is not necessary. Illustration: The defendant could afford counsel and repeatedly chose not to retain an attorney. The
- [BriefLaw: Commonwealth v. Steven Gravely](https://bickerton-law.com/2009/05/29/brieflaw-commonwealth-v-steven-gravely/) - Commonwealth v. Steven Gravely J-190-2008 (5/27/2009) Topic: Criminal Appeals - Extension of time to file a Statement Pursuant to Pa.R.A.P. 1925(b) Summary: An appellant must request an extension of time to file a Concise Statement of Matters Complained of on Appeal in writing within the 21 day time-limit imposed by Pa.R.A.P. 1925 or face waiver.
- [BriefLaw: Commonwealth v. Jeffrey S. Cruttenden](https://bickerton-law.com/2009/06/13/brieflaw-commonwealth-v-jeffrey-s-cruttenden/) - Commonwealth v. Jeffrey S. Cruttenden 2009 PA Super 109 (6/08/2009) Topic: Motion to Suppress - Intercepting Text Messages - Wiretap Act Summary: A text message is an electronic communication under the Wiretap Act. Therefore, a police officer may not intercept a text message without a warrant. http://www.pacourts.us/OpPosting/Superior/out/S73035_08.pdf
- [BriefLaw: Commonwealth v. Anthony Michael Lawson](https://bickerton-law.com/2009/06/13/brieflaw-commonwealth-v-anthony-michael-lawson/) - Commonwealth v. Anthony Michael Lawson 2009 PA Super 110 (6/10/2009) Topic: Prohibited Offensive Weapons Summary: Since a prohibited offensive weapon is any weapon that serves no common lawful purpose, the evidence is sufficient to convict where a weapons expert testifies that he can't think of common lawful purpose for a weapon. http://www.pacourts.us/OpPosting/Superior/out/a13032_09.pdf
- [BriefLaw: Yeager v. United States](https://bickerton-law.com/2009/06/22/brieflaw-yeager-v-united-states/) - Yeager v. United States US SCT No. 08–67 (06/18/2009) Topic: Double Jeopardy - Partial Acquittal Summary: 1.) Where a defendant has been acquitted of some charges, any issue that is a fundamental part of the jury's decision cannot be retried. 2.) Where a defendant has been acquitted of some charges, charges that a jury was
- [BriefLaw: Commonwealth v. Daniel Sinnott](https://bickerton-law.com/2009/06/30/brieflaw-commonwealth-v-daniel-sinnott/) - Commonwealth v. Daniel Sinnott 2009 PA Super 114 (6/23/2009) Topic: Ethnic Intimidation - Sufficiency of the Evidence Summary: For a defendant to be convicted of ethnic intimidation, the evidence must show that the underlying crime was motivated by the defendant's attitude towards the victim's ethnicity. (In Sinnott's case, the motivation for the crime appeared to
- [BriefLaw: Commonwealth v. William Howard Wilgus](https://bickerton-law.com/2009/06/30/brieflaw-commonwealth-v-william-howard-wilgus/) - Commonwealth v. William Howard Wilgus 2009 PA Super 116 (6/26/2009) Topic: Megan's Law Registration - Homeless Megan's Law Violator Summary: When a defendant has no shelter or fixed abode, he is not required to register under Megan's Law. A defendant who is staying at a temporary residence is required to register. http://www.pacourts.us/OpPosting/Superior/out/a06028_09.pdf
- [BriefLaw: Commonwealth v. Scott Baird](https://bickerton-law.com/2009/07/23/brieflaw-commonwealth-v-scott-baird/) - Commonwealth v. Scott D. Baird J-1-2009 (7/23/2009) Topic: Rule 600 - Right to a Speedy Trial - Notice to Defendant Summary: Under Rule 526, a defendant must inform the clerk of courts, the bail agency, the district attorney's office of his whereabouts even when incarcerated. Also, absent "extraordinary circumstances," notice to defendant's counsel is sufficient
- [BriefLaw: Commonwealth v. Marc Brigidi](https://bickerton-law.com/2009/07/23/brieflaw-commonwealth-v-marc-brigidi/) - Commonwealth v. Marc Brigidi 2009 PA Super 123 (7/06/2009) Topic: Underage Drinking - Breathalyzer Summary: The Commonwealth must offer proof of a breathalyzer's calibration for the results to be admissible against a defendant charged with underage drinking. http://www.pacourts.us/OpPosting/Superior/out/A04039_09.pdf
- [BriefLaw: Commonwealth v. Jeffrey Williams](https://bickerton-law.com/2009/08/03/brieflaw-commonwealth-v-jeffrey-williams/) - Commonwealth v. Jeffrey Williams 2009 PA Super 121 (7/002/2009) Topic: PCRA - Timeliness - Megan's Law Registration Summary: Megan's Law registration requirements are considered collateral consequences and the period of registration does not extend the time within which an appellant is permitted to file a PCRA petition. (In other words, once an appellant has completed
- [BriefLaw: Commonwealth v. Herbert Brian Stout](https://bickerton-law.com/2009/08/06/brieflaw-commonwealth-v-herbert-brian-stout/) - Commonwealth v. Herbert Brian Stout 2009 PA Super 122 (7/06/2009) Topic: PCRA - Timeliness and Right to Counsel for First PCRA Summary: A defendant has the right to counsel for a first PCRA regardless of whether the action appears untimely on its face. http://www.pacourts.us/OpPosting/Superior/out/S21039_09.pdf
- [BriefLaw: Commonwealth v. Aaron Jones](https://bickerton-law.com/2009/08/15/brieflaw-commonwealth-v-aaron-jones/) - Commonwealth v. Aaron Jones 2009 PA Super 145 (7/27/2009) Topic: Motion to Suppress - Flashlight/Spotlights - Plain View Summary: The police are permitted to use a spotlight or headlights in order to get a better view of items that are on a porch. http://www.pacourts.us/OpPosting/Superior/out/A03002_09.pdf
- [BriefLaw: Commonwealth v. Wayne McKibben](https://bickerton-law.com/2009/08/15/brieflaw-commonwealth-v-wayne-mckibben/) - Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009) Topic: Mandatory Sentences - Drugs in Close Proximity to Firearms Summary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence under 18 Pa.C.S.A. Section 9712.1 is applicable. http://www.pacourts.us/OpPosting/Superior/out/A15039_09.pdf
- [BriefLaw: Commonwealth v. Eli Brougher](https://bickerton-law.com/2009/08/15/brieflaw-commonwealth-v-eli-brougher/) - Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009) Topic: Mandatory Sentence - Deadly Weapon Enhancement Summary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore, a defendant may be subject to a deadly weapon enhancement if he uses a realistic
- [BriefLaw: Commonwealth v. George Kubis](https://bickerton-law.com/2009/08/15/brieflaw-commonwealth-v-george-kubis/) - Commonwealth v. George Kubis 2009 PA Super 140 (7/21/2009) Topic: Seizure of a Vehicle Without a Warrant - Summary: Where the elements of the Illinois v. McArthur test are met, police may temporarily seize an automobile while waiting for a search warrant to be issued. http://www.pacourts.us/OpPosting/Superior/out/s30027_09.pdf
- [BriefLaw: Commonwealth v. Derek Bloom](https://bickerton-law.com/2009/08/15/brieflaw-commonwealth-v-derek-bloom/) - Commonwealth v. Derek Bloom 2009 PA Super 150 (7/31/2009) Topic: Police Jurisdiction - Port Authority Police Summary: The jurisdiction of Port Authority police (and other railway and railway street police officers) extends to any area that is in the immediate and adjacent vicinity of Port Authority property. Extraterritorial jurisdiction also applies where Port Authority police
- [BriefLaw: Commonwealth v. Israel Santiago](https://bickerton-law.com/2009/09/19/brieflaw-commonwealth-v-israel-santiago/) - Commonwealth v. Israel Santiago J-34-2009 (8/25/2009) Topic: Motion to Withdraw - Anders Brief Summary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly frivolous. http://www.pacourts.us/OpPosting/Supreme/out/J-34-2009mo.pdf
- [BriefLaw: Commonwealth v. Omar](https://bickerton-law.com/2009/10/18/brieflaw-commonwealth-v-omar/) - Commonwealth v. Omar J-162A-B-2008 (10/05/2009) Topic: Trademark Counterfeiting - Constitutionality Summary: 18 Pa.C.S.A. Section 4119, which prohibited the unauthorized use of a trademark, was struck down as being overbroad. The law prohibited any use of a trademark without considering whether the use was protected by the First Amendment right to free speech. http://www.aopc.org/OpPosting/Supreme/out/J-162A&B-2008mo.pdf
- [Commonwealth v. Harry Galendez ](https://bickerton-law.com/2009/10/04/commonwealth-v-harry-galendez/) - Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant's Right to be Present - Parole and Probation Searches Summary: 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. Searches made as a condition of parole or probation
- [In the News: PA wiretap law applies to text messages](https://bickerton-law.com/2009/06/09/in-the-news-pa-wiretap-law-applies-to-text-messages/) - The Pennsylvania Superior Court has ruled that, under the Pennsylvania wiretapping law, police must have a warrant to read text messages from a suspect. For more information, go to: http://www.post-gazette.com/pg/09160/976157-100.stm?cmpid=news.xml
- [In the News: Charges to be refiled against Veon](https://bickerton-law.com/2009/05/24/in-the-news-charges-to-be-refiled-against-veon/) - The Pennsylvania Office of the Attorney General has indicated that it will refile charges against former State Representative Mike Veon. After a preliminary hearing last week, District Judge Joseph Solomon concluded that the evidence presented by the Commonwealth was not enough to justify holding Veon for trial. The Attorney General's Office disagrees. For more information,
- [In the News: PGH-area District Judge giving extra time to pay citations](https://bickerton-law.com/2009/05/15/in-the-news-pgh-area-district-judge-giving-extra-time-to-pay-citations/) - The Pittsburgh Post-Gazette reports that District Judge Richard King is allowing those charged with summary offenses in his jurisdiction extra time to reconcile their accounts before he issues warrants for non-payment. The Post-Gazette notes: The fines are the result of citations issued by Mount Oliver borough police, the Mount Oliver ordinance officer, city school police,
- [In the News: DEA agent accused of setting up suspects](https://bickerton-law.com/2009/05/13/in-the-news-dea-agent-accused-of-setting-up-suspects/) - An Ohio DEA agent has been charged with obstruction of justice, making false statements, perjury and civil rights violations for allegedly framing suspects. Agent Lee Michael Lucas is accused of falsifying his police reports, withholding relevant evidence, and giving false testimony in trials where the defendant was accused of selling drugs. For more information, go
- [In the News: PA Police chases decrease in 2008](https://bickerton-law.com/2009/05/13/in-the-news-pa-police-chases-decrease-in-2008/) - The Pittsburgh Post-Gazette reports that in 2008, the number of police chases decreased by 6.3% from the 2007 figure. In Pennsylvania, fleeing or attempting to elude law enforcement can be graded as a misdemeanor or a felony, depending on the seriousness of the circumstances. For more information, go to: http://www.post-gazette.com/pg/09133/969893-100.stm?cmpid=news.xml
- [In the News: Pa ACORN workers facing criminal charges](https://bickerton-law.com/2009/05/07/in-the-news-pa-acorn-workers-facing-criminal-charges/) - Seven ACORN employees have been charged with various fraud charges for allegedly submitting false voter registrations last year. The employees have been charged with crimes including forgery, unsworn falsification to authorities, obstructing administration of law or other governmental function, intentionally impersonating another in an application for voter registration, interfering with voter registration, and solicitation of
- [In the News: Cute pictures or kiddie porn? How to tell the difference](https://bickerton-law.com/2009/05/05/in-the-news-cute-pictures-or-kiddie-porn-how-to-tell-the-difference/) - A recent article by The Evening Sun raises an interesting question of what is considered child pornography in Pennsylvania. In "Problems with Porn Law," writer Rick Lee profiles a grandmother who was charged with child pornography after taking post-bathtime pictures that she believed were cute. While the charges were later dismissed, a question remained: How
- [In the News: Identity-theft law cannot be used for immigration law prosecution](https://bickerton-law.com/2009/05/05/in-the-news-identity-theft-law-cannot-be-used-for-immigration-law-prosecution/) - The United States Supreme Court has ruled that prosecutors may not use an identity theft law as a tool to prosecute immigrants who do not knowingly steal the identity of another person. In Flores-Figueroa v. United States, the defendant used a false social security number in order to gain employment. The defendant was convicted and
- [In the News: Pa House passes new seatbelt restrictions](https://bickerton-law.com/2009/04/28/in-the-news-pa-house-passes-new-seatbelt-restrictions/) - The Pennsylvania House of Representatives has passed legislation amending the state's seatbelt laws. Under the current laws, the failure to properly restrain a child between the ages of four and eight is a secondary offense. Therefore, a person may only be convicted if s/he has been convicted of another traffic violation or crime. Under the
- [In the News: PA House passes restriction on in-car DVD players](https://bickerton-law.com/2009/04/28/in-the-news-pa-house-passes-restriction-on-in-car-dvd-players/) - In addition to passing restrictions on junior drivers, the Pennsylvania House of Representatives passed legislation that amends Sections 4527 and 4581(a) and (b) of the Vehicle Code. The proposed legislation prohibits vehicles from having any DVD player, television, or any image display device in a position that the driver can view (with the exception of
- [In the News: PA House passes restrictions on teen drivers](https://bickerton-law.com/2009/04/28/in-the-news-pa-house-passes-restrictions-on-teen-drivers/) - The Pennsylvania House of Representatives has passed legislation prohibiting teenagers from using cellular phones or sending text messages while operating an automobile. The law also includes a provision restricting the number of passengers the teenager may have who are under the age of 18. Under the law, any junior driver would only be permitted to
- [In the News: PA House rejects cell phone ban for drivers](https://bickerton-law.com/2009/04/23/in-the-news-pa-house-rejects-cell-phone-ban-for-drivers/) - In a close vote, the Pennsylvania State House has rejected a proposed ban on handheld cell phones for automobile drivers. The measure was rejected by a 100-95 vote. http://www.post-gazette.com/pg/09112/964745-100.stm?cmpid=news.xml
- [In the News: Adam Walsh Act may punish teens for sexting](https://bickerton-law.com/2009/04/16/in-the-news-adam-walsh-act-may-punish-teens-for-sexting/) - Beginning in July 2009, teens caught "sexting" may be charged with a federal sex crime. Under the Adam Walsh Act, any person who creates and/or sends a nude picture of a minor may be charged with a felony. In its current form, the law does not create an exception for minors or for children who
- [Fund for Fallen Pittsburgh Police Officers](https://bickerton-law.com/2009/04/06/fund-for-fallen-pittsburgh-police-officers/) - The Fraternal Order of Police has established a memorial fund for the City of Pittsburgh police officers who were killed in the line of duty on Saturday. Officers Eric Kelly, Paul Sciullo II, and Stephen Mayhle were shot and killed while responding to a domestic disturbance. The fund is designed to help the families of
- [In the News: PA Legislator proposes beer keg registration law](https://bickerton-law.com/2009/04/01/in-the-news-pa-legislator-proposes-beer-keg-registration-law/) - Pennsylvania State Senator Stewart Greenleaf has introduced a bill requiring beer kegs to registered. Sen. Greenleaf has unsuccessfully proposed this bill for 16 years. Under the proposed law, those who buy kegs of beer would be required to fill out a form disclosing their name and address. The keg would be tagged with an identifying
- [In the News: Hundreds of PA juvenile convictions expunged](https://bickerton-law.com/2009/03/26/in-the-news-hundreds-of-pa-juvenile-convictions-expunged/) - The Pennsylvania Supreme Court has expunged the convictions of hundreds of low-level offenders who entered pleas without counsel in the court of former Luzerne County Judge Mark Ciavarella. Civarella and former Luzerne County judge Michael Conahan pleaded guilty to federal charges of "honest services fraud" and tax fraud in February. For more information, go to:
- [In the News: PA Federal Judge strikes down sex offender residency restriction](https://bickerton-law.com/2009/03/24/in-the-news-pa-federal-judge-strikes-down-sex-offender-residency-restriction/) - United States District Court Judge Gary Lancaster has ruled that the sex offender residency restriction ordinance passed by Allegheny County is illegal. The restriction would have barred sex offenders registered under Megan's Law from "residing within 2,500 feet of any school, child care facility, recreation center, public park, or community center." Judge Lancaster ruled that
- [In the News: PGH City Council bans porch sofas](https://bickerton-law.com/2009/03/17/in-the-news-pgh-city-council-bans-porch-sofas/) - **UPDATE FOR "In the News: PGH City Council considers ordinance banning porch sofas" Pittsburgh City Council has unanimously passed an ordinance banning city residents from keeping upholstered furniture designed for indoor use on an unenclosed porch. The ordinance will now go to Mayor Luke Ravenstahl for approval. (As the Pittsburgh Post-Gazette noted, the ordinance's "veto-proof
- [In the News: PGH City Council considers ordinance banning porch sofas](https://bickerton-law.com/2009/03/11/in-the-news-pgh-city-council-considers-ordinance-banning-porch-sofas/) - **UPDATED 3/12/2009** In response to couch-burning incidents that were reported in the wake of the Pittsburgh Steelers' Super Bowl victory, Pittsburgh City Council, in a preliminary vote, has unanimously agreed upon an ordinance prohibiting home owners from keeping upholstered furniture designed for indoor use in any unenclosed area outside of their homes. Violators would face
- [In the News: Ex-PA judge sentenced to 4 years in prison](https://bickerton-law.com/2009/03/10/in-the-news-ex-pa-judge-sentenced-to-4-years-in-prison/) - Former Superior Court Judge Michael T. Joyce was sentenced to 46-months in prison. Joyce was convicted of insurance fraud after submitting fraudulent claims following a car accident. For more information, go to: http://www.post-gazette.com/pg/09069/954525-100.stm?cmpid=latest.xml
- [In the News: Allegheny County DA threatens to label 3 Downtown PGH McDonald's as nuisance establishments](https://bickerton-law.com/2009/03/10/in-the-news-allegheny-county-da-threatens-to-label-3-downtown-pgh-mcdonalds-as-nuisance-establishments/) - Allegheny County District Attorney Stephen Zappala has informed the McDonald's corporate office that his office will " 'initiate nuisance proceedings against three downtown McDonald's locations,' if action isn't taken to stop alleged drug activity 'in and around' their stores. " This action came after the manager of a Downtown Pittsburgh McDonald's was arrested for possession
- [In the News: Mass DA handles sexting without criminal charges](https://bickerton-law.com/2009/03/05/in-the-news-mass-da-handles-sexting-without-criminal-charges/) - While prosecutors in other states have filed criminal charges against teens involved in sexting incidents, the district attorney in Berkshire, Massachusetts has launched an initiative to deal with the phenomenon outside of the justice system. D.A. David F. Capeless is working with local television stations to air programming that shows the dangers of sexting. D.A.
- [In the News: *UPDATE* Man cited for jaywalking after saving women and getting hit by truck](https://bickerton-law.com/2009/03/01/in-the-news-update-man-cited-for-jaywalking-after-saving-women-and-getting-hit-by-truck/) - After consulting with local prosecutors, Colorado State police withdrew the jaywalking charge against Jim Moffett. Moffett was seriously injured after being hit by a truck while attempting to help two women cross the street. For more information, go to: http://news.yahoo.com/s/ap/20090228/ap_on_re_us/good_samaritan_ticketed
- [In the News: NM Legislature proposes limiting public access to criminal records](https://bickerton-law.com/2009/02/26/in-the-news-nm-legislature-proposes-limiting-public-access-to-criminal-records/) - Legislators in New Mexico are considering a law that would limit public access to criminal records after a specific period of time. Under existing laws, the public is able to access a defendant's criminal records indefinitely. Under the proposed law, public access to petty misdemeanor convictions would be eliminated after one year while access to
- [In the News: Man cited for jaywalking after saving women and getting hit by truck](https://bickerton-law.com/2009/02/26/in-the-news-man-cited-for-jaywalking-after-saving-women-and-getting-hit-by-truck/) - Bus driver Jim Moffett was given a ticket for jaywalking after saving the lives of two elderly women. After dropping the two women off during a snowstorm, Moffett attempted to help the women safely cross the street. A truck struck Moffett after he pushed the women out of its path. The truck driver was cited
- [In the News: PA Legislator proposes cell phone ban for drivers](https://bickerton-law.com/2009/02/20/in-the-news-pa-legislator-proposes-cell-phone-ban-for-drivers/) - Pennsylvania State Representative Josh Shapiro has introduced a bill that would prohibit drivers operating handheld cellular phones or sending text messages while operating a motor vehicle. For more information, go to; http://www.post-gazette.com/pg/09050/950322-100.stm?cmpid=latest.xml
- [In the News: National Academy of Sciences report casts doubt on nation's crime lab](https://bickerton-law.com/2009/02/19/in-the-news-national-academy-of-sciences-report-casts-doubt-on-nations-crime-lab/) - A recent report from the National Academy of Sciences casts doubt on the effectiveness of American crime labs. The report indicates that, due to problems with funding, the quality of the science used, and the lack of dependable standards, much evidence used in court is unreliable. Additionally, according to the report, the only type of
- [In the News: PGH Police agencies do targeted traffic enforcement in Oakland](https://bickerton-law.com/2009/02/19/in-the-news-pgh-police-agencies-do-targeted-traffic-enforcement-in-oakland/) - On Wednesday, February 18, 2009, Pittsburgh City Police, University of Pittsburgh, and Carnegie Mellon University police issued 33 citations and 14 warnings during a targeted pedestrian safety enforcement. Tickets were issued to drivers for failure to yield to pedestrians while pedestrians received tickets for failure to cross in a designated area (jaywalking). The objective of
- [In the News: PA Judges plead guilty to fraud](https://bickerton-law.com/2009/02/12/in-the-news-pa-judges-plead-guilty-to-fraud/) - Luzerne County, PA Judges Mark Ciavarella and Michael Conahan pleaded guilty to federal charges of "honest services fraud" and tax fraud. Both judges were removed from the bench in January. The guilty pleas were the result of Ciavarella and Conahan accepting $2.6 million dollars in payouts by PA Child Care, LLC and a sister-company. These
- [In the News: Roving patrols in the North Hills of Pittsburgh](https://bickerton-law.com/2009/02/12/in-the-news-roving-patrols-in-the-north-hills-of-pittsburgh/) - This weekend, police departments in the North Hills of Pittsburgh will be conducting roving DUI patrols. In addition to drunk drivers, the patrols will be on the lookout for seatbelt violations as well as motor vehicle violations. Police officers from Bradford Woods, Etna, Indiana Township, Marshall, Pine, Richland, Ross, Shaler and West Deer will be
- [In the News: States consider strengthening seat-belt laws to qualify for federal money](https://bickerton-law.com/2009/02/04/in-the-news-states-consider-strengthening-seat-belt-laws-to-qualify-for-federal-money/) - Several states, including Pennsylvania, are considering strengthening their seat-belt laws to qualify for federal highway funds. Under existing law, a seat-belt violation is considered to be a secondary violation. Therefore, police officers are not permitted to pull a vehicle over simply because of a seat-belt violation. With the proposed changes, a seat-belt violation would become
- [In the News: FL state attorney plans to deputize private attorneys as prosecutors](https://bickerton-law.com/2009/01/23/in-the-news-fl-state-attorney-plans-to-deputize-private-attorneys-as-prosecutors/) - Palm Beach County State Attorney Michael McAuliffe is proposing an innovative solution to issue of high caseloads in his office. McAuliffe is planning a program that would allow private civil attorneys to serve as special prosecutors to work on select misdemeanor cases. The lawyers, who would be on loan from their law firms, would work
- [Other Blogs: University of Pittsburgh Faculty Law Blog "David Harris Comments on Herring v. United States"](https://bickerton-law.com/2009/01/20/other-blogs-university-of-pittsburgh-faculty-law-blog-david-harris-comments-on-herring-v-united-states/) - Professor David Harris of the University of Pittsburgh has posted a commentary on the Supreme Court's recent decision in Herring v. Unites States at the University of Pittsburgh Faculty Law Blog. Professor Harris, who is well known for his research on racial profiling, aptly summarizes the Herring decision's effect on the Fourth Amendment rights of
- [In the News: AR considering elimination statute of limitations for rape](https://bickerton-law.com/2009/01/19/in-the-news-ar-considering-elimination-statute-of-limitations-for-rape/) - Arkansas Representative Dawn Creekmore is proposing legislation that would eliminate the statute of limitations for rape and first-degree sexual assault. Under existing law, the state must bring charges for rape and first-degree sexual assault within six years. The only criminal offense that currently has no statute of limitations in Arkansas is murder. Critics of the
- [In the News: Sex Offender Residency Restrictions causing budgetary issues in CA](https://bickerton-law.com/2009/01/19/in-the-news-sex-offender-residency-restrictions-causing-budgetary-issues-in-ca/) - The Contra Costa Times reports that the state of California is spending millions of dollars housing convicted registered sex offenders who are unable to locate housing that is compliant with Jessica's Law. Under Jessica's Law residency restrictions, registered sex offenders are not permitted to gather within 2,000 feet of any school, playground, park, or other
- [In the News: Perkasie, PA considering Megan's Law residency restrictions](https://bickerton-law.com/2009/01/14/in-the-news-perkasie-pa-considering-megans-law-residency-restrictions/) - Officials in Perkasie, Pennsylvania are considering implementing residency restrictions for violent predators registered under Megan's Law. The plan is currently in its early stages. For more information, go to: http://www.thereporteronline.com/articles/2009/01/14/news/srv0000004449771.txt
- [In the News: Supreme Court limits definition of violent crime](https://bickerton-law.com/2009/01/14/in-the-news-supreme-court-limits-definition-of-violent-crime/) - In a unanimous decision, the United States Supreme Court held that the failure to report to jail does not constitute a violent offense under the Armed Career Criminal Act. For more information, go to: http://www.google.com/hostednews/ap/article/ALeqM5hbf8SRTasupe-UifaE8Mpmy4mZaAD95MBFFO0 http://www.supremecourtus.gov/opinions/08pdf/06-11206.pdf
- [In the News: PA Teens charged with child pornography for pics of selves](https://bickerton-law.com/2009/01/13/in-the-news-pa-teens-charged-with-child-pornography-for-pics-of-selves/) - In Greensburg, Pensylvania, three teens are being charged with child pornography for sending semi-nude pictures of themselves. The three teen boys who received the cellphone pictures were also charged with child pornography. For more information, go to: http://kdka.com/local/sexting.cell.phones.2.906920.html
- [In the News: TX Death Row inmate removes his own eye](https://bickerton-law.com/2009/01/09/in-the-news-tx-death-row-inmate-removes-his-own-eye/) - Andre Thomas, who removed his own eye shortly before his trial in 2004, removed his remaining eye and claims that he ate it. Thomas was convicted of killing his estranged wife, his four-year old child, and his estranged wife's 13-month old daughter. After removing his first eye after his arrest, the judge in his trial
- [In the News: *UPDATE* AL Sheriff jailed in own prison](https://bickerton-law.com/2009/01/09/in-the-news-update-al-sheriff-jailed-in-own-prison/) - Alabama Sheriff Greg Bartlett, who was previously placed in his own jail for failing to adequately feed his inmates, has agreed to spend all money designated for inmate meals on actually feeding the inmates. Sheriff Bartlett has also agreed to follow USDA guidelines and give inmates fresh milk and fruit. Under the current policy, Alabama
- [In the News: AL Sheriff jailed in own prison](https://bickerton-law.com/2009/01/08/in-the-news-al-sheriff-jailed-in-own-prison/) - A federal judge has confined Alabama Sheriff Greg Barlett to his own prison after finding him in contempt of court for under-feeding prisoners. In a widely criticized practice, many Alabama sheriffs are permitted to keep the profit they make from feeding inmates. Sheriff Barlett was accused of under-feeding prisoners in order to maximize his profits.
- [In the News: OH Lawyer held in contempt vindicated on appeal](https://bickerton-law.com/2009/01/07/in-the-news-oh-lawyer-held-in-contempt-vindicated-on-appeal/) - An Ohio attorney held in contempt of court for refusing to try a case three hours after meeting his client has won his appeal. In August 2007, Public Defender Brian Jones requested a continuance after he discovered that the client he had just met was facing a trial the same day. Judge John Plough postponed
- [In the News: *UPDATE* ER doctors claim police use excessive force](https://bickerton-law.com/2009/01/07/in-the-news-update-er-doctors-claim-police-use-excessive-force/) - While a survey indicates that almost 98% of emergency room doctors suspect that police use excessive force, many national police groups dispute the findings. For more information, go to: http://www.usatoday.com/news/nation/2009-01-06-police-force_N.htm
- [In the News: Allegheny County aiming to create Veteran's Court](https://bickerton-law.com/2009/01/06/in-the-news-allegheny-county-aiming-to-create-veterans-court/) - In light of the special circumstances that surround veterans who are charged with crimes, judges in Allegheny County are in the process of creating a special court for veterans. Judge Michael E. McCarthy said, "This would help veterans who have suffered difficulties due to their military service." The court would be similar to Allegheny County's
- [In the News: Major cities dropping criminal history question from job applications](https://bickerton-law.com/2009/01/06/in-the-news-major-cities-dropping-criminal-history-question-from-job-applications/) - In an effort to help former convicts gain employment, many major cities are removing questions regarding criminal history from their employment applications. In some cities, questions about an applicant's criminal background will still be applied for those seeking sensitive positions. For more information, go to: http://www.msnbc.msn.com/id/28509398/
- [In the News: WA proposes deporting jailed illegal immigrants before sentences are up](https://bickerton-law.com/2008/12/31/in-the-news-wa-proposes-deporting-jailed-illegal-immigrants-before-sentences-are-up/) - Governor Chris Gregoire of Washington state has proposed deporting convicted illegal immigrants before they complete their sentences. Gov. Gregoire notes that by deporting illegal immigrants before their sentences are fully served, the state stands to save $9 million over the next two years. Similar measures have been implemented in Arizona and New York. For more
- [In the News: New study shows sex offenders near child care at no greater risk of reoffending](https://bickerton-law.com/2008/12/31/in-the-news-new-study-shows-sex-offenders-near-child-care-at-no-greater-risk-of-reoffending/) - A new study by Dr. Jill Levenson, Dr. Paul Zandbergen, and Dr. Timothy Hart shows that sex offenders who live near schools and day care centers are no more likely to reoffend than sex offenders who live far from areas where children gather. This study casts further doubt on the effectiveness of broad-based legislative residency
- [In the News: Michigan Gov. signs law broadening DNA collection for crimes](https://bickerton-law.com/2008/12/30/in-the-news-michigan-gov-signs-law-broadening-dna-collection-for-crimes/) - Michigan Governor Jennifer Granholm has recently signed a law requiring that all persons arrested of a violent crime to provide a DNA sample. Previously, only those convicted of violent crimes were required to give DNA samples. For more information, go to: http://www.wxmi.com/pages/landing/?blockID=173299&feedID=296 http://www.mlive.com/news/kalamazoo/index.ssf/2008/12/gov_jennifer_granholm_signs_bi.html
- [In the News: GA law requires sex offenders to disclose Internet passwords](https://bickerton-law.com/2008/12/30/in-the-news-ga-law-requires-sex-offenders-to-disclose-internet-passwords/) - A new Georgia law requires that sex offenders provide the state with their Internet screen names, email addresses, and passwords. The law, which takes effect January 1st, is being challenged by some as a violation of the offenders' privacy rights. Although other states require convicted sex offenders to provide their Internet screen names and email
- [In the News: ER doctors claim police use excessive force](https://bickerton-law.com/2008/12/24/in-the-news-er-doctors-claim-police-use-excessive-force/) - A random survey of ER doctors reveals that 99.8% of the respondents believe police use excessive force while 97.8% stated that they had patients who they believed or self-reported that police used excessive force. The doctors reported that"blunt trauma" from hands or feet was the leading cause of excessive force while the second leading cause
- [In the News: Study suggests Megan's Law residency restrictions may backfire](https://bickerton-law.com/2008/12/20/in-the-news-study-suggests-megans-law-residency-restrictions-may-backfire/) - A report from the California Sex Offender Management Board suggests that "homeless sex offender parolees are more likely to commit sex crimes again." The study also shows that since residency restrictions have passed, homelessness among registered sex offenders has increased exponentially. With many residency requirements, registered sex offenders are not permitted to live within a
- [In the News: PGH Vice Squad cracks down on gambling machines, prostitution](https://bickerton-law.com/2008/12/19/in-the-news-pgh-vice-squad-cracks-down-on-gambling-machines-prostitution/) - KDKA's Marty Griffin reports that the Pittsburgh Police Department's vice squad is cracking down on illegal gambling and prostitution. The KDKA article states that the city's vice squad has increased its enforcement on illegal gambling machines in bars and other establishments. Along with enhanced enforcement of illegal gambling laws, the vice squad is upping their
- [In the News: Megan's Law Floridian living in PA hotel](https://bickerton-law.com/2008/12/18/in-the-news-megans-law-floridian-living-in-pa-hotel/) - Two months ago, William Gary Sullivan was sentenced to 12 years of probation after being convicted of sexual assault. As a Megan's Law registrant, Sullivan must wait for Florida authorities to determine whether they will accept him into their supervision before he can return to his home state. For more information, go to: http://www.dailyitem.com/0100_news/local_story_353001526.html
- [In the News: New Pittsburgh City gun ordinance passes without Mayor's signature](https://bickerton-law.com/2008/12/15/in-the-news-new-pittsburgh-city-gun-ordinance-passes-without-mayors-signature/) - A new City of Pittsburgh ordinance requiring gun owners to report a lost or stolen gun within 24 hours has become law. Mayor Luke Ravenstahl, noting his belief that the law is ultimately unenforceable and pre-empted by state gun laws, did not sign the bill. The ordinance took effect on Monday, December 15, 2008. Gun
- [In the News: Georgia legislators to reconsider need for unanimous decision for death penalty](https://bickerton-law.com/2008/12/14/in-the-news-georgia-legislators-to-reconsider-need-for-unanimous-decision-for-death-penalty/) - After a jury was unable to unanimously decide to execute Brian Nichols, several Georgia lawmakers are reconsidering legislation that would lower the number of juror votes needed impose the death penalty. Under current Georgia law, a jury must unanimously choose to impose the death penalty. If the jury is not in complete agreement, the judge
- [In the News: Police arrest 8 in Pittsburgh-area prostitution sting](https://bickerton-law.com/2008/12/12/in-the-news-police-arrest-8-in-pittsburgh-area-prostitution-sting/) - A group of Pittsburgh-area law enforcement agencies have arrested eight individuals alleged to have participated in Internet-based prostitution activities. The arrests came from postings in the Pittsburgh City Paper's Backpage.com, Craigslist.org, and Indys.com. Sgt. Craig Campbell of the Pittsburgh Police says that the city police's investigation of local prostitution is "ongoing." For more information, go
- [In the News: Pastor sentenced for comments made about a judge](https://bickerton-law.com/2008/12/12/in-the-news-pastor-sentenced-for-comments-made-about-a-judge/) - Edward Pinkney, a professed Baptist minister, was convicted of violating his probation after stating that his sentencing judge "could be punished by God with curses, fever and 'extreme burning' unless he changed his ways." Pinkey claims that he was simply paraphrasing scripture. An uninvolved judge ruled that Pinkney's statements were threats and sentenced Pinkney to
- [In the News: Magistrate finds 69 drivers not guilty in PGH Traffic Court](https://bickerton-law.com/2008/12/11/in-the-news-magistrate-finds-69-drivers-not-guilty-in-pgh-traffic-court/) - Magistrate Carolyn Bengel found 69 drivers not guilty in the Pittsburgh Traffic Court last week. Magistrate Bengel disapproved of the fact that the police officers did not appear in court to identify drivers. Additionally, the police liaison did not produce a valid calibration certificate for ENRAD tickets. For more information, go to: http://www.wpxi.com/news/18257687/detail.html
- [In the News: Murder conviction overturned after DA withholds evidence](https://bickerton-law.com/2008/12/11/in-the-news-murder-conviction-overturned-after-da-withholds-evidence/) - Centre County Court of Common Pleas Judge Bradley P. Lunsford overturned the third-degree murder conviction of Andrew Rogers after ruling that the district attorney improperly withheld evidence. Rogers was convicted of killing Youngcheol Park. After his arrest, Rogers claimed that Park and someone by the name of "Sweet" tried to rob him and that Park's
- [In the News: MN court denies Sen. Larry Craig 's appeal](https://bickerton-law.com/2008/12/09/in-the-news-mn-court-denies-sen-larry-craig-s-appeal/) - A Minnesota court of appeals has denied Sen. Larry Craig's appeal to invalidate his guilty plea. to misdemeanor disorderly conduct. Craig argued that his guilty plea was inaccurate and that the disorderly conduct statute was unconstitutional. The appeals court rejected both of his claims. Craig has the right to appeal the court's decision to the
- [In the News: Philly man spends 2 years for failing to pay child support for a child that wasn't his](https://bickerton-law.com/2008/12/06/in-the-news-philly-man-spends-2-years-for-failing-to-pay-child-support-for-a-child-that-wasnt-his/) - Walter Andre Sharpe, Jr. spend a total of two years in prison for falling behind on child support. The problem is that Mr. Sharpe was a victim of mistaken identity. In 2001, Sharpe, a Philadelphia resident, was ruled to be the father of a child in Dauphin County. When Sharpe requested DNA testing, the court
- [In the News: Gov. Rendell lifts parole moratorium for "violent" offenders](https://bickerton-law.com/2008/12/01/in-the-news-gov-rendell-lifts-parole-moratorium-for-violent-offenders/) - After receiving the results of a review of Pennsylvania's parole system, Gov. Rendell has lifted the moratorium on state parole for violent offenders. The review concluded that the "state's existing procedures were sound." The review also recommends procedures for classifying violent offenders, determining which are likely to reoffend, and determining whether the offender is likely
- [Commentary: A lesson to be learned from Plaxico Burress](https://bickerton-law.com/2008/11/30/commentary-a-lesson-to-be-learned-from-plaxico-burress/) - Friday night, former-Pittsburgh Steeler and current New York Giant Plaxico Burress accidentally shot himself in the thigh while in a New York club. Although the obvious lesson to be learned from Burress' predicament is the importance of carefully handling a firearm, this incident has raised the issue of having a valid license to carry a
- [In the News: Pittsburgh Police to focus on pedestrian traffic issues](https://bickerton-law.com/2008/11/27/in-the-news-pittsburgh-police-to-focus-on-pedestrian-traffic-issues/) - Pittsburgh Police will be focusing on pedestrian safety issues. Officers will be issuing tickets to drivers for failure to yield to pedestrians and to pedestrians for jaywalking. For more information, go to: http://post-gazette.com/pg/08332/931194-147.stm?cmpid=newspanel4
- [Commentary: Pardons and Commutations are not the same thing](https://bickerton-law.com/2008/11/27/commentary-pardons-and-commutations-are-not-the-same-thing/) - On Monday, President Bush released a list of pardons and commutations. It is important to realize that pardons and commutations are not the same. A pardon eliminates the original conviction, basically making it as though the person had never committed the crime. A commutation reduces or modifies the punishment, but the conviction remains. For more
- [In the News: President commutes sentences for two charged with cocaine offenses](https://bickerton-law.com/2008/11/27/in-the-news-president-commutes-sentences-for-two-charged-with-cocaine-offenses/) - On Monday, November 24, 2008, President George W. Bush commuted the sentences for John Forte and Russell Harris. Forte and Harris were both convicted of cocaine offenses and subject to mandatory minimum sentences under the Federal Sentencing Guidelines. Forte is known as a member of hip-hop's Refugee Camp. His best known work is on the
- [In the News: PA State Police to conduct traffic checkpoints Nov. 17-30](https://bickerton-law.com/2008/11/19/in-the-news-pa-state-police-to-conduct-traffic-checkpoints-nov-17-30/) - In an effort to reduce the number of accidents over the Thanksgiving holiday, Pennsylvania State Police will be conducting a "Click-it-or-Ticket" campaign. State police will be conducting traffic checkpoints in areas shown to be high-crash areas. During the campaign, officers will educate the public about traffic laws. Officers will also be issuing citations for traffic
- [Commentary: When a gun isn't really a gun under the law](https://bickerton-law.com/2008/11/19/commentary-when-a-gun-isnt-really-a-gun-under-the-law/) - In Nebraska, federal attorneys had a difficult time prosecuting a defendant for a firearm they discovered after arresting him. Under federal law, a gun is not a "firearm" unless it was manufactured after 1896. Although this situation seems rather odd, it is not rare. In Pennsylvania, the gun laws (except the laws involving carrying a
- [In the News: Carolina Coast Online article about DUIs](https://bickerton-law.com/2008/11/17/in-the-news-carolina-coast-online-article-about-duis/) - The Carolina Coast Online has an article that includes general information about DUIs. The article includes information about the days with the highest occurrence of alcohol related fatalities, an overview of DUI laws, information about field sobriety tests, as well as legal tips for DUIs. For more information, go to: http://www.carteretnewstimes.com/articles/2008/11/17/ara/community_cares/7773.txt
- [In the News: New DUI testing device](https://bickerton-law.com/2008/11/17/in-the-news-new-dui-testing-device/) - Police officers in York County will be using a new device to help determine whether drivers are intoxicated. The device scans the drivers' pupils and compares the driver's pupils to images of the scanned pupils of people who are intoxicated. If the driver's scanned pupils match the intoxicated pupils, the officer can investigate further. For
- [In the News: Heather Locklear charged with DUI](https://bickerton-law.com/2008/11/17/in-the-news-heather-locklear-charged-with-dui/) - Heather Locklear has been charged with driving under the influence of prescription drugs. Officers claim that Locklear showed signs of "obvious impairment." For more information, go to: http://www.startribune.com/entertainment/tv/34599859.html
- [In the News: Lancaster, PA DUI Checkpoint story](https://bickerton-law.com/2008/11/16/in-the-news-lancaster-pa-dui-checkpoint-story/) - LancasterOnline has a story about DUI checkpoints in Lancaster County. The story notes that the area has the highest DUI fatality rate in the state and that officers are noticing an increase in the number of young females being arrested for DUI. For more information, go to: http://articles.lancasteronline.com/local/4/230261
- [In the News: Up to 10% of sexual assault reports turn out to be false](https://bickerton-law.com/2008/11/14/in-the-news-up-to-10-of-sexual-assault-reports-turn-out-to-be-false/) - A recent statistic indicates that 25% of women report being sexually assaulted before age 18. However, up to 10% of sexual assault reports are fabricated. For more information, go to: http://kdka.com/local/Sexual.assault.reports.2.865088.html
- [In the News: Alleged Obama assassination plot skinhead objects to mostly black grand jury](https://bickerton-law.com/2008/11/13/in-the-news-alleged-obama-assassination-plot-skinhead-objects-to-mostly-black-grand-jury/) - Daniel Cowart, half of the pair charged with a plot to kill Barack Obama and begin a killing spree, has challenged his grand jury indictment. Cowart's attorney, Joe Byrd, claims that the grand jury, which consisted of 21 black or non-white members and 2 white members, could not "be considered fair, impartial and unprejudiced." In
- [In the News: Ryan O'Neal and son Redmond postpone case](https://bickerton-law.com/2008/11/13/in-the-news-ryan-oneal-and-son-redmond-postpone-case/) - Ryan O'Neal, star of "Love Story" and father of Tatum O'Neal, postponed his felony drug case to January 9th, 2009. O'Neal and his son, Redmond, are charged with felony drug possession, possession of drug paraphernalia, and illegal possession of pepper spray. During Redmond's probation check, law enforcement recovered methamphetamine from O'Neal's home on September 17,
- [In the News: Sandra Bullock's stalker is sentenced](https://bickerton-law.com/2008/11/13/in-the-news-sandra-bullocks-stalker-is-sentenced/) - Marcia Valentine, the woman who pled guilty to stalking Sandra Bullock, was sentenced to three years of probation. The charge of assault with a deadly weapon (in this case, a silver Mercedes-Benz used to try to run over Bullock's husband, Jesse James) was withdrawn. For more information, go to: http://www.usatoday.com/life/people/2008-11-13-bullock-stalker-sentenced_N.htm?csp=34
- [In the News: Supreme Court declines review of video impact statement case](https://bickerton-law.com/2008/11/11/in-the-news-supreme-court-declines-review-of-video-impact-statement-case/) - Although three justices voted to review the case, the United States Supreme Court opted not to review Kelly v. California and Zamudia v. California. In the cases, the defendants argued that video scrapbooks with photos and home movies of victims violated their rights to a fair trial. In both cases, the state of California disagreed
- [In the News: Thousands of AZ DUI cases may be dismissed](https://bickerton-law.com/2008/11/11/in-the-news-thousands-of-az-dui-cases-may-be-dismissed/) - In Arizona, defense attorneys are arguing that the software code used in the Intoxilyzer 8000 has made the device unreliable. Although CMI, the company that makes the Intoxilyzer 8000, insists that its product is reliable, it has acquired over one million dollars in fines in the state of Florida for failing to comply with court
- [In the News: FBI piloting system to report interstate DUIs](https://bickerton-law.com/2008/11/11/in-the-news-fbi-piloting-system-to-report-interstate-duis/) - The Federal Bureau of Investigations is currently working on a system that will permit state agencies to determine whether DUI suspects have pending DUI charges in other states. Under current systems, only defendants who have been fingerprinted or otherwise entered into the system are flagged as having pending DUI charges. With the new program, states
- [In the News: Pending DUI bills in Pennsylvania Legislature](https://bickerton-law.com/2008/11/11/in-the-news-pending-dui-bills-in-pennsylvania-legislature/) - With the current legislative term ending next month, several DUI bills will end up dying in Harrisburg. However, lawmakers vow to resubmit the bills next year. One bill, submitted by state senator Barry Stout, would allow the state to seize the vehicles of intoxicated drivers. Another bill sponsored by state representative Keith Gillespie would charge
- [In the News: Franklin County does not target illegal immigrants for arrest](https://bickerton-law.com/2008/11/10/in-the-news-franklin-county-does-not-target-illegal-immigrants-for-arrest/) - The Chambersburg Public Opinion reports that its police force does not routinely target illegal immigrants. Law enforcement has found that illegal immigrants may be reluctant to report crime because of their illegal status. The officers do point out that where a person's status is a part of a crime or a relevant part of a
- [In the News: Blair County DUI Court](https://bickerton-law.com/2008/11/10/in-the-news-blair-county-dui-court/) - The Altoona Mirror has an article on the DUI court program headed by Blair County Judge Daniel Milliron. Judge Milliron says that although the DUI court program has been successful in treating repeat DUI offenders, the program is expensive and is limited in the number of defendants it can take. Judge Milliron also says that
- [In the News: CNN Story comparing First-Time DUIs to First-Time Speeding](https://bickerton-law.com/2008/11/09/in-the-news-cnn-story-comparing-first-time-duis-to-first-time-speeding/) - CNN has an overview of the current state of punishments for drivers caught speeding and driving under the influence for the first time. The ultimate point of the story is that first-time speeders and first-time DUI offenders face ever-increasing fines and punishments. The story also points out the often missed fact that the legal consequences
- [In the News: Field Drug tests often unreliable](https://bickerton-law.com/2008/11/08/in-the-news-field-drug-tests-often-unreliable/) - The CrimProf Blog has an entry on a USA Today story about the inaccuracy of field test kits used by police to determine whether a suspect has drugs in his possession. The field test kits are used to make a preliminary determination of whether the suspect is in possession of drugs. Due to the time
- [In the News: KDKA Story on Hotels accused of being prostitution hotspots](https://bickerton-law.com/2008/11/08/in-the-news-kdka-story-on-hotels-accused-of-being-prostitution-hotspots/) - KDKA's Marty Griffin reports that the Days Inn and the Comfort Inn on Banksville Road in Pittsburgh are locations frequented by prostitutes. He also reported that the hotels are also scenes of other crimes including rape, murder, and drug dealing. Some hope to have the hotels identified as "nuisance hotels", similar to "nuisance bars," by
- [In the News: KDKA Story on Pittsburgh Craigslist Prostitution](https://bickerton-law.com/2008/11/08/in-the-news-kdka-story-on-pittsburgh-craigslist-prostitution/) - KDKA's Marty Griffin reported on Craigslist prostitution ads. In the report, he mentions Craigslist's new initiative aimed at eliminating prostitution ads. To see the report, go to: http://kdka.com/video?id=48574@kdka.dayport.com
- [In the News: Harrisburg police not charged for scuffle with DUI suspect](https://bickerton-law.com/2008/11/08/in-the-news-harrisburg-police-not-charged-for-scuffle-with-dui-suspect/) - The Dauphin County District Attorney's Office has decided not to press charges against three officers accused of using excessive force on a DUI suspect. Ryan Westover alleges that after being arrested for drunk driving, he was punched in the face while in the holding cell. District Attorney Edward Marsico Jr. concluded that Westover was not
- [In the News: Pittsburgh City Council increases fines for open containers](https://bickerton-law.com/2008/11/06/in-the-news-pittsburgh-city-council-increases-fines-for-open-containers/) - Pittsburgh City Council has passed legislation increasing the fine for an open container charge. Therefore, people charged with having an open container on city streets will now have to pay a $200 fine. For a second offense, the fine will be $300. For a third or subsequent offense, the fine will be $500. Also, a
- [In the News: Craigslist to help government crack down on online prostitution ads](https://bickerton-law.com/2008/11/06/in-the-news-craigslist-to-help-government-crack-down-on-online-prostitution-ads/) - In a new agreement with various attorneys general, including the Pennsylvania attorney general, Craigslist is going to crack down on ads promoting prostitution. Craigslist will now require a fee, payable by credit card, and a valid phone number for sellers who post ads for erotic services. Craigslist has made the news recently as an avenue
- [Commentary: Marijuana Laws in Pennsylvania](https://bickerton-law.com/2008/11/05/commentary-marijuana-laws-in-pennsylvania/) - Although Pennsylvania's marijuana law is not as relaxed as the measure recently passed in Massachusetts, the possession of a small amount of marijuana is punished less harshly than possession of over 30 grams of marijuana. Under the current statute, possession of under 30 grams of marijuana is punishable by up to 30 days in jail
- [In the News: Massachusetts voters ease marijuana laws](https://bickerton-law.com/2008/11/05/in-the-news-massachusetts-voters-ease-marijuana-laws/) - On November 4th, the citizens of Massachusetts voted to soften the laws against the possession of a small amount of marijuana. Therefore, any found with an ounce or less of marijuana will be subject to a $100 fine and forfeiture of the marijuana. The new law takes effect in 30 days. For more information, go
- [In the News: PA man charged with 2 DUIs in under 6 hours](https://bickerton-law.com/2008/11/04/in-the-news-pa-man-charged-with-2-duis-in-under-6-hours/) - After getting into an accident and being charged with a DUI around 11 am on Sunday, November 2nd, Michael Hufford got into a second accident and was charged with another DUI around 4 pm on the same day in Lancaster County, Pennsylvania http://www.wfmj.com/Global/story.asp?S=9285512
- [In the News: Jose Canseco sentenced for misdemeanor drug smuggling](https://bickerton-law.com/2008/11/04/in-the-news-jose-canseco-sentenced-for-misdemeanor-drug-smuggling/) - Former professional baseball player Jose Canseco was sentenced to 12 months of probation after pleading guilty to smuggling drugs into the United States from Mexico. Canseco alleges that he needed the fertility drugs to help repair damage done from his use of steroids. For more information, go to: http://www.kptv.com/sports/17890284/detail.html http://www.nydailynews.com/sports/baseball/2008/10/13/2008-10-13_drugsmuggling_jose_canseco_arraigned_in_.html
- [Commentary: Driving while under the influence of Drugs (Pennsylvania Ain't Canada)](https://bickerton-law.com/2008/11/04/commentary-driving-while-under-the-influence-of-drugs-pennsylvania-aint-canada/) - A recent article reported that in Canada, it is easier to prosecute a defendant for driving under the influence of alcohol than driving under the influence of a drug. In Pennsylvania, this is not the case. The Pennsylvania DUI Statute (75 Pa.C.S.A. Section 3802) says that a person cannot be in control of a motor
- [In the News: Drunk drivers easier to prosecute than drugged drivers in Canada](https://bickerton-law.com/2008/11/04/in-the-news-drunk-drivers-easier-to-prosecute-than-drugged-drivers-in-canada/) - This article reports that in Canada, it is easier for the prosecutor to prove drunk driving charges than drug driving charges. See my Commentary later today for information on how this is not true in Pennsylvania. http://cnews.canoe.ca/CNEWS/Canada/2008/11/04/7297781-sun.html
- [In the News: Stevens Juror skips deliberation for Breeder's Cup horse race](https://bickerton-law.com/2008/11/03/in-the-news-stevens-juror-skips-deliberation-for-breeders-cup-horse-race/) - A dismissed juror in the Ted Stevens trial admitted that her father did not die and that she was, in fact, attending the Breeder's Cup horse race in California. Marian Hinnant lied to the court and was replaced as a juror on October 27th. Stevens was convicted on seven felony counts of corruption later that
- [In the News: PA Police to increase DUI patrols Halloween weekend](https://bickerton-law.com/2008/10/31/in-the-news-pa-police-to-increase-dui-patrols-halloween-weekend/) - Since Halloween is considered the number two holiday for drunk driving, the Pennsylvania State Department of Transportation announced that police statewide will be increasing the number of DUI patrols. KDKA TV reports, "police had contemplated doing road blocks for tonight DUI, but they felt like the most effective enforcement would be roving patrols ...." For
- [In the News: DC Judge denies injunction against checkpoints that prevent entry into neighborhood](https://bickerton-law.com/2008/10/30/in-the-news-dc-judge-denies-injunction-against-checkpoints-that-prevent-entry-into-neighborhood/) - A federal judge has refused to prevent Washington D.C. police from setting up traffic checkpoints that bar "motorists who would not prove they lived in the area or who did not reveal their destination" from entering the neighborhood. The Partnership for Civil Justice filed suit alleging that the checkpoints are unconstitutional. For more information, go
- [In the News: McCain campaign worker to enter ARD](https://bickerton-law.com/2008/10/30/in-the-news-mccain-campaign-worker-to-enter-ard/) - Ashley Todd, the McCain campaign worker who fabricated the story of being robbed and having the letter "B" carved into her face, has waived her case to the Court of Common Pleas and will enter the Allegheny County ARD program. ARD is a program, usually associated with DUI charges, for first time offenders that permits
- [Commentary: Research shows Megan's Law Residency Restrictions are Ineffective](https://bickerton-law.com/2008/10/29/commentary-research-shows-megans-law-residency-restrictions-are-ineffective/) - On Sunday, the Pittsburgh Post Gazette reported that studies show residency restrictions for sex offenders do not work. This is a contentious topic that is currently being litigated by the ACLU. Allegheny County is attempting to enact a provision that prohibits registered sex offenders from living within 2,500 square feet of any school, child care
- [In the News: Man gets 21 months in prison for bootlegging movies](https://bickerton-law.com/2008/10/29/in-the-news-man-gets-21-months-in-prison-for-bootlegging-movies/) - Michael Logan was sentenced to 21 months in federal prison for recording movies in theaters with a camcorder. The MPAA alleges that Logan was responsible for releasing over 100 movies illegally. Logan's case illustrates how bootlegging has become a harshly punished offense. In 2005, Congress passed the Family Entertainment and Copyright Act of 2005. Under
- [Commentary: The Casey Anthony Case](https://bickerton-law.com/2008/10/28/commentary-the-casey-anthony-case/) - Last week, Casey Anthony was charged with first degree murder, aggravated child abuse, aggravated manslaughter of a child, and other charges. These charges were filed although the body of Caylee Anthony has not been recovered. In Florida, a body is not necessary to support a murder conviction. Therefore, if the state presents circumstantial evidence that
- [In the News: Former Police Officer Accused of Stealing Drugs](https://bickerton-law.com/2008/10/28/in-the-news-former-police-officer-accused-of-stealing-drugs/) - A former Fallowship Township, Washington County, PA police officer has been accused of stealing drugs that he seized from a defendant in 2006. For more information go to: http://www.post-gazette.com/pg/08302/923466-100.stm?cmpid=latest.xml
- [In the News: Miss Teen Louisiana arrested](https://bickerton-law.com/2008/10/22/in-the-news-miss-teen-louisiana-arrested/) - Miss Teen Louisiana was arrested and charged with theft and possession of suspected marijuana. Lindsey Evans and friends allegedly skipped out on a $46.07 bill at a restaurant. Along with the unpaid bill, Evans left her purse with her driver's license and suspected marijuana behind. Although some sources state that Evans paid her share of
- [In the News: Prosecution drops charges in Britney Spears driver's license case](https://bickerton-law.com/2008/10/21/in-the-news-prosecution-drops-charges-in-britney-spears-drivers-license-case/) - After a mistrial where 10 jurors were in favor of acquittal, prosecutors in California dropped the driving without a valid license charge against Britney Spears. While the prosecutor claims that it is difficult to prosecute a celebrity in California, Spears' defense attorney noted that it was odd that the charge made it to trial in
- [In the News: Parole moratorium lifted for non-violent offenders](https://bickerton-law.com/2008/10/21/in-the-news-parole-moratorium-lifted-for-non-violent-offenders/) - Governor Rendell has lifted the moratorium on parole for non-violent offenders. The moratorium is still in effect for violent offenders. http://www.post-gazette.com/pg/08295/921550-100.stm
- [In the News: US Supreme Court declines review of Commonwelath v. Dunlap](https://bickerton-law.com/2008/10/15/in-the-news-us-supreme-court-declines-review-of-commonwelath-v-dunlap/) - On Tuesday, October 14, 2008, the United States Supreme Court decided not to review Pennsylvania v. Dunlap. In Commonwealth v. Dunlap, 941 A.2d 671 (Pa. 2007), Nathan Dunlap was charged and convicted of drug offenses after Philadelphia Police observed him engage in drug transactions. The officer testified that he saw Dunlap exchange several "small objects"for
- [In the News: Pittsburgh City Council proposes a bill punishing failure to report lost or stolen guns](https://bickerton-law.com/2008/10/14/in-the-news-pittsburgh-city-council-proposes-a-bill-punishing-failure-to-report-lost-or-stolen-guns/) - The Pittsburgh City Council is proposing fines for gun owners who fail to report their lost or stolen guns within 24 hours. If the resolution is passed, offenders would face a $500 fine for the first offense and a $1000 fine or 90 days in jail for a second offense. For more information, see: http://www.post-gazette.com/pg/08288/919809-100.stm
- [In the News: ACLU is suing Allegheny County Over Megan's Law Ordinance](https://bickerton-law.com/2008/10/06/in-the-news-aclu-is-suing-allegheny-county-over-megans-law-ordinance/) - The ACLU is suing Allegheny County over a local ordinance that prevents registered sex offenders from residing within 2,500 feet of any school, child care facility, recreation center, public park, or community center. For more information on the ACLU suit, go to: http://www.post-gazette.com/pg/08280/917912-100.stm The history of the ordinance: On June 19, 2007, Vince Gasteb proposed
- [Novel Criminal Defenses: Westmoreland County Man Claims War Stress as Basis for Double Murder](https://bickerton-law.com/2008/10/05/novel-criminal-defenses-westmoreland-county-man-claims-war-stress-as-basis-for-double-murder/) - A Westmoreland County man is currently raising a defense of Gulf War Syndrome or post-traumatic stress disorder. Scott A. Laich, who served in Iraq in 1991, was first convicted of killing his ex-girlfriend and her lover in 1997. Due to improperly admitted hearsay evidence, the Pennsylvania Superior Court overturned this conviction in 2001. Commonwealth v.
- [In the News: Rendell Suspends Parole](https://bickerton-law.com/2008/10/05/in-the-news-rendell-suspends-parole/) - On September 30, 2008, Gov. Ed Rendell suspended parole for state sentences in Pennsylvania. The suspension is pending an evaluation and study of the early release program in Pennsylvania. For more information, go to: http://www.post-gazette.com/pg/08274/916224-100.stm http://www.phoenixvillenews.com/site/news.cfm?newsid=20143138&BRD=1673&PAG=461&dept_id=17915&rfi=6
- [In the News: O.J. Simpson convicted of all charges](https://bickerton-law.com/2008/10/04/in-the-news-o-j-simpson-convicted-of-all-charges/) - After 13 hours of deliberation, O.J. Simpson was found guilty of conspiracy to commit a crime, conspiracy to commit robbery, conspiracy to commit kidnapping, burglary while in possession of a deadly weapon, two counts first degree kidnapping with the use of a deadly weapon, two counts of robbery with the use of a deadly weapon,

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- [Pennsylvania Criminal Defense News](https://bickerton-law.com/) - The Bickerton Law Blog writes about PA criminal defense, juvenile court, and summary offenses. For representation, contact Bickerton Legal Services at 412-267-9218
- [Traffic Ticket and License Defense](https://bickerton-law.com/pa-traffic-ticket-license-points/) - When a person is dealing with a traffic ticket, they are usually worried about the possible consequences or punishments.
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- [Probation Violations after Act 44 | A Closer Look](https://bickerton-law.com/bickerton-law-learning-library/parole-and-probation-violation-law/probation-violations-after-act-44-a-closer-look/) - Act 44 overhauled Pennsylvania’s probation laws by changing jail sentences for technical probation violations and having automatic early review of probation
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- [Getting off of the Megan’s Law Registry in Pennsylvania | FYI](https://bickerton-law.com/pa-reputation-rights-restoration/getting-off-of-the-megans-law-registry-in-pennsylvania-fyi/) - In Pennsylvania, there are very few ways to end or change Megan’s Law registration requirements. One of the ways is by filing a petition after 25 years.
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- [Basics of DUI Law in Pennsylvania](https://bickerton-law.com/bickerton-law-learning-library/pennsylvania-dui-law/) - DUI Law Basics in Pennsylvania
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- [First DUI Offense and ARD in Pennsylvania](https://bickerton-law.com/bickerton-law-learning-library/pennsylvania-dui-law/first-offense-dui-and-ard/) - ARD is a program that first-time DUI offenders enter to avoid a conviction and jail time.
- [What are the DUI laws in Pennsylvania?](https://bickerton-law.com/bickerton-law-learning-library/pennsylvania-dui-law/what-are-the-dui-laws-in-pennsylvania/) - In Pennsylvania, the law prohibits people from operating a vehicle if they are under the influence of drugs or alcohol to the point that they can't drive safely
- [Theft Charges and Property Crimes in PA](https://bickerton-law.com/criminal-defense-attorney/theft-charges-and-property-crimes/) - Theft crimes and property crimes like robbery, theft, arson and trespass in Pennsylvania
- [Violation of Privacy and Dissemination of Intimate Images | Law Library](https://bickerton-law.com/criminal-defense-attorney/violation-of-privacy-and-dissemination-of-intimate-images/) - Fighting criminal charges of Violation of Privacy and Dissemination of Intimate Images
- [Juvenile Crimes and Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/juvenile-crimes-and-offenses/) - Learn more about the law that applies for charges and delinquency adjudications in juvenile court as well as cases where a child is charged as an adult.
- [Gun Crimes and Other Weapons Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/gun-crimes-and-other-weapons-offenses/) - Although the right to bear arms is protected by the United States and Pennsylvania Constitutions, you can be charged with a crime for gun and weapon offenses.
- [Homicide Law in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/homicide-defense/) - Defending clients charged with homicide in western Pennsylvania
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- [Expungements, Pardons, and Sealed Records](https://bickerton-law.com/criminal-defense-attorney/expungements-and-pardons/) - Pennsylvania offers people who want to clear their criminal records options to get a clean-slate. The options include expungements, pardons, and record-sealing.
- [Drug Crimes and Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/drug-crimes-and-offenses/) - Learn about drug laws and offenses in Pennsylvania
- [Child Abuse Laws in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/child-abuse-defense/) - Learn more about child abuse law in Pennsylvania
- [Bail and Bond Hearings in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/bail-bond-hearings/) - The court sets bail before the person can be released before trial. Learn more about this process.
- [Immigration Issues and Criminal Law In Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/immigration-issues-and-criminal-defense/) - Understanding what to do if you are facing charges that may lead to deportation and other immigration consequences
- [Summary Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/summary-offenses/) - Summary offenses include Disorderly Conduct, Public Intoxication, Underage Drinking, etc. in Pittsburgh and Western Pennsylvania
- [School Discipline Law in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/school-law/) - School discipline lawyer representing students in proceedings including suspensions, expulsions, and due process hearings
- [Sex Crimes and Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/sex-crimes-and-offenses/) - Learn about Rape and Sex Crimes including Statutory Rape, and other Sex Offenses in Western Pennsylvania
- [Assault and Harassment Crimes in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/assault-and-harassment-crimes/) - Learn more about assault and harassment offenses in Pennsylvania
- [Indecency Offenses in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/indecency-charge-lawyer/) - In Pennsylvania, you can be criminally charged for certain acts that are considered indecent. These indecency crimes can be charged as misdemeanors or felonies.
- [Harassment Crimes in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/assault-and-harassment-crimes/harassment-in-pennsylvania/) - Harassment in Pennsylvania can considered a civil law matter, but sometimes the nature of the situation is so severe that it rises to the level of a crime.
- [Domestic Violence Law in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/assault-and-harassment-crimes/domestic-violence-defense/) - Learn about domestic violence charges and PFA violations in Pennsylvania
- [Juvenile Record Expungement Law in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/expungements-and-pardons/juvenile-record-expungements/) - Sometimes, a juvenile record can still be accessed. Learn more about how and when a juvenile record can be expunged in Pennsylvania
- [Underage Drinking Law in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/juvenile-crimes-and-offenses/underage-drinking/) - If you have been charged with underage drinking in Pennsylvania, it’s important to know the relevant facts and understand the consequences
- [How Court Works](https://bickerton-law.com/bickerton-law-learning-library/how-court-works/) - From arrest to appeals and PCRAs: How the criminal justice system works in the Pittsburgh area. An arrest is just the beginning of the process in Pennsylvania.
- [Theft of Services in Pennsylvania](https://bickerton-law.com/criminal-defense-attorney/theft-charges-and-property-crimes/theft-of-services-in-pennsylvania/) - While theft by deception and theft by unlawful taking address accusations of someone stealing property, theft of services...
- [Bill of Rights](https://bickerton-law.com/know-your-rights/bill-of-rights/) - The first through tenth amendments to the US Constitution describe our Bill of Rights. It is important to know your rights in every legal case.

## Categories

- [Blog](https://bickerton-law.com/category/blog/) - An in-depth look at law news with legal analysis by Bickerton Law. New articles every Monday and Thursday.
- [In the News](https://bickerton-law.com/category/blog/news/) - Recent events in the news.
- [Commentary](https://bickerton-law.com/category/blog/commentary/) - Professional commentary on recent events or litigation.
- [Legal Briefs](https://bickerton-law.com/category/blog/brief-law/) - Brief overview of legal cases.
- [Pittsburgh G20](https://bickerton-law.com/category/pittsburgh-g20/)
- [Case Law Summaries](https://bickerton-law.com/category/blog/brief-law/case-law-summaries/)
- [Parole](https://bickerton-law.com/category/parole/)
- [Probation](https://bickerton-law.com/category/probation/)
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- [car chase](https://bickerton-law.com/category/car-chase/)
- [ARD](https://bickerton-law.com/category/sentencing-and-punishments/ard/)
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- [Sex Crimes](https://bickerton-law.com/category/sex-crimes/)
- [Megan's Law](https://bickerton-law.com/category/megans-law/)
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- [justification](https://bickerton-law.com/category/justification/)
- [over the guidelines](https://bickerton-law.com/category/over-the-guidelines/)
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- [ACLU](https://bickerton-law.com/category/aclu/)
- [Forgery](https://bickerton-law.com/category/forgery/)
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- [furtive movement](https://bickerton-law.com/category/furtive-movement/)
- [Motor Vehicle Search](https://bickerton-law.com/category/motor-vehicle-search/)
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- [Guilty Pleas](https://bickerton-law.com/category/guilty-pleas/)
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- [Drug Crimes](https://bickerton-law.com/category/drug-crimes/)
- [Supreme Court](https://bickerton-law.com/category/supreme-court/)
- [Escape Charges](https://bickerton-law.com/category/escape-charges/)
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- [Summary Offenses](https://bickerton-law.com/category/summary-offenses/)
- [Intoxilyzer](https://bickerton-law.com/category/intoxilyzer/)
- [Jury Issues](https://bickerton-law.com/category/jury-issues/)
- [Sobriety Tests](https://bickerton-law.com/category/sobriety-tests/)
- [Involuntary Manslaughter for Providing Drugs](https://bickerton-law.com/category/involuntary-manslaughter-for-providing-drugs/)
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- [Pardons](https://bickerton-law.com/category/pardons/)
- [Sentence Modifications](https://bickerton-law.com/category/sentence-modifications/)
- [Prosecutorial Misconduct](https://bickerton-law.com/category/prosecutorial-misconduct/)
- [PCRA](https://bickerton-law.com/category/pcra/)
- [Miranda Rights](https://bickerton-law.com/category/miranda-rights/)
- [Death Penalty](https://bickerton-law.com/category/death-penalty/)
- [Personal Breathalyzer](https://bickerton-law.com/category/personal-breathalyzer/)
- [Illegal Gambling](https://bickerton-law.com/category/illegal-gambling/)
- [Custodial Detention](https://bickerton-law.com/category/custodial-detention/)
- [Mandatory DNA Sampling](https://bickerton-law.com/category/mandatory-dna-sampling/)
- [Defendant Privacy](https://bickerton-law.com/category/defendant-privacy/)
- [Criminal Law and Immigration Issues](https://bickerton-law.com/category/criminal-law-and-immigration-issues/)
- [Criminal Records and Employment](https://bickerton-law.com/category/criminal-records-and-employment/)
- [Special Courts](https://bickerton-law.com/category/special-courts/)
- [News Update](https://bickerton-law.com/category/news-update/)
- [Fair Trial](https://bickerton-law.com/category/fair-trial/)
- [Jail Conditions](https://bickerton-law.com/category/jail-conditions/)
- [Insanity Defense](https://bickerton-law.com/category/insanity-defense/)
- [Indecency Crimes](https://bickerton-law.com/category/indecency-crimes/)
- [Rape](https://bickerton-law.com/category/rape/)
- [Statutes of Limitations](https://bickerton-law.com/category/statutes-of-limitations/)
- [Other Blogs](https://bickerton-law.com/category/other-blogs/)
- [Prosecution News](https://bickerton-law.com/category/prosecution-news/)
- [Suppression of Evidence](https://bickerton-law.com/category/suppression-of-evidence/)
- [Animal Cruelty](https://bickerton-law.com/category/crimes/animal-cruelty/)
- [Judicial Misconduct](https://bickerton-law.com/category/judicial-misconduct/)
- [Juvenile Issues](https://bickerton-law.com/category/juvenile-issues/)
- [Identification Issues](https://bickerton-law.com/category/identification-issues/)
- [Interlock Devices](https://bickerton-law.com/category/interlock-devices/)
- [How to Pick a Lawyer](https://bickerton-law.com/category/how-to-pick-a-lawyer/)
- [Evidentiary Issues](https://bickerton-law.com/category/evidentiary-issues/)
- [Proposed Laws](https://bickerton-law.com/category/proposed-laws/)
- [Sexting](https://bickerton-law.com/category/sexting/)
- [Nuisance Bars and Other Establishments](https://bickerton-law.com/category/nuisance-bars-and-other-establishments/)
- [Laws of Questionable Merit](https://bickerton-law.com/category/laws-of-questionable-merit/)
- [Obscenity](https://bickerton-law.com/category/obscenity/)
- [Alcohol Laws](https://bickerton-law.com/category/alcohol-laws/)
- [Ineffective Assistance of Counsel](https://bickerton-law.com/category/ineffective-assistance-of-counsel/)
- [Identity Theft](https://bickerton-law.com/category/identity-theft/)
- [Child Pornography](https://bickerton-law.com/category/child-pornography/)
- [Fifth Amendment](https://bickerton-law.com/category/fifth-amendment/)
- [Fraud](https://bickerton-law.com/category/fraud/)
- [Election Fraud](https://bickerton-law.com/category/election-fraud/)
- [Fines](https://bickerton-law.com/category/fines/)
- [Wiretapping](https://bickerton-law.com/category/wiretapping/)
- [Double Jeopardy](https://bickerton-law.com/category/double-jeopardy/)
- [Restitution](https://bickerton-law.com/category/restitution/)
- [Jurisdiction Issues](https://bickerton-law.com/category/jurisdiction-issues/)
- [Trademark Violations](https://bickerton-law.com/category/trademark-violations/)
- [Counterfeiting](https://bickerton-law.com/category/counterfeiting/)
- [Crimes](https://bickerton-law.com/category/crimes/)
- [Sentencing and Punishments](https://bickerton-law.com/category/sentencing-and-punishments/)
- [Defenses](https://bickerton-law.com/category/defenses/)
- [Federal Court Cases](https://bickerton-law.com/category/federal-court-cases/)
- [Special Court Programs](https://bickerton-law.com/category/special-court-programs/)
- [Underage Drinking](https://bickerton-law.com/category/underage-drinking/)
- [Gun Laws](https://bickerton-law.com/category/gun-laws/)
- [Self-Defense](https://bickerton-law.com/category/self-defense/)
- [Gun Rights](https://bickerton-law.com/category/gun-rights/)
- [Castle Doctrine and Stand Your Ground Doctrine](https://bickerton-law.com/category/self-defense/castle-doctrine-and-stand-your-ground-doctrine/)
- [Blog Posts](https://bickerton-law.com/category/posts/)
- [SORNA](https://bickerton-law.com/category/sorna/)
- [Sex Offender Registration](https://bickerton-law.com/category/sex-offender-registration/)
- [Castle Doctrine](https://bickerton-law.com/category/castle-doctrine/)
- [New Laws](https://bickerton-law.com/category/new-laws/)
- [Law News](https://bickerton-law.com/category/law-news/)
- [Know The Law](https://bickerton-law.com/category/know-the-law/)
- [Law Learning Center](https://bickerton-law.com/category/law-learning-center/)
- [News](https://bickerton-law.com/category/news-2/)
- [Civil Asset Forfeiture](https://bickerton-law.com/category/civil-asset-forfeiture/)
- [Debt Collection](https://bickerton-law.com/category/debt-collection/)
- [Technology and Criminal Law](https://bickerton-law.com/category/technology-and-criminal-law/)
- [AI](https://bickerton-law.com/category/technology-and-criminal-law/ai/)

## Tags

- [Reasonable Suspicion](https://bickerton-law.com/tag/reasonable-suspicion/)
- [Traffic Stop](https://bickerton-law.com/tag/traffic-stop/)
- [Buglary](https://bickerton-law.com/tag/buglary/)
- [Special Sentencing Programs](https://bickerton-law.com/tag/special-sentencing-programs/)
- [Gun Laws and Ordinances](https://bickerton-law.com/tag/gun-laws-and-ordinances/)
- [Local Ordinances](https://bickerton-law.com/tag/local-ordinances/)
- [Forgery and Fraud](https://bickerton-law.com/tag/forgery-and-fraud/)
- [Book Reviews](https://bickerton-law.com/tag/book-reviews/)
- [Death Row](https://bickerton-law.com/tag/death-row/)
- [Criminal Defense](https://bickerton-law.com/tag/criminal-defense/)
- [Death Penalty Cases](https://bickerton-law.com/tag/death-penalty-cases/)
- [Motor Vehicle Violations](https://bickerton-law.com/tag/motor-vehicle-violations/)
- [Retail Theft/Shoplifting](https://bickerton-law.com/tag/retail-theftshoplifting/)
- [Arson](https://bickerton-law.com/tag/arson/)
- [Investigative Reports](https://bickerton-law.com/tag/investigative-reports/)
- [texting while driving](https://bickerton-law.com/tag/texting-while-driving/)
- [new pennsylvania laws](https://bickerton-law.com/tag/new-pennsylvania-laws/)
- [traffic ticket](https://bickerton-law.com/tag/traffic-ticket-2/)
- [primary offense](https://bickerton-law.com/tag/primary-offense/)
- [Speedy Trial](https://bickerton-law.com/tag/speedy-trial/)
- [Disproportionate Sentence](https://bickerton-law.com/tag/disproportionate-sentence/)
- [In the News](https://bickerton-law.com/tag/news/)
- [Pittsburgh G20](https://bickerton-law.com/tag/pittsburgh-g20/)
- [Case Law Summaries](https://bickerton-law.com/tag/case-law-summaries/)
- [Parole](https://bickerton-law.com/tag/parole/)
- [Probation](https://bickerton-law.com/tag/probation/)
- [Search and Seizure](https://bickerton-law.com/tag/search-and-seizure/)
- [sentencing](https://bickerton-law.com/tag/sentencing/)
- [DUI](https://bickerton-law.com/tag/dui/)
- [Homicide](https://bickerton-law.com/tag/homicide/)
- [Sex Crimes](https://bickerton-law.com/tag/sex-crimes/)
- [Megan's Law](https://bickerton-law.com/tag/megans-law/)
- [Appeal](https://bickerton-law.com/tag/appeal/)
- [Criminal Law Basics](https://bickerton-law.com/tag/criminal-law-basics/)
- [Gun Crimes](https://bickerton-law.com/tag/gun-crimes/)
- [Drug Crimes](https://bickerton-law.com/tag/drug-crimes/)
- [Police Misconduct](https://bickerton-law.com/tag/police-misconduct/)
- [Prostitution](https://bickerton-law.com/tag/prostitution/)
- [PCRA](https://bickerton-law.com/tag/pcra/)
- [News Update](https://bickerton-law.com/tag/news-update/)
- [Evidentiary Issues](https://bickerton-law.com/tag/evidentiary-issues/)
- [Proposed Laws](https://bickerton-law.com/tag/proposed-laws/)
- [Sexting](https://bickerton-law.com/tag/sexting/)
- [Laws of Questionable Merit](https://bickerton-law.com/tag/laws-of-questionable-merit/)
- [Ineffective Assistance of Counsel](https://bickerton-law.com/tag/ineffective-assistance-of-counsel/)
- [Child Pornography](https://bickerton-law.com/tag/child-pornography/)
- [Fraud](https://bickerton-law.com/tag/fraud/)
- [SORNA](https://bickerton-law.com/tag/sorna/)
- [Sex Offender Registration](https://bickerton-law.com/tag/sex-offender-registration/)
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- [travel with a firearm](https://bickerton-law.com/tag/travel-with-a-firearm/)
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- [pennsylvania desecration of the flag](https://bickerton-law.com/tag/pennsylvania-desecration-of-the-flag/)
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- [pennsylvania desecration of the flag first amendment](https://bickerton-law.com/tag/pennsylvania-desecration-of-the-flag-first-amendment/)
- [murder charges in pennsylvania](https://bickerton-law.com/tag/murder-charges-in-pennsylvania/)
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- [prohibited offensive weapons](https://bickerton-law.com/tag/prohibited-offensive-weapons/)
- [brass knuckles](https://bickerton-law.com/tag/brass-knuckles/)
- [possession of an instrument of crime](https://bickerton-law.com/tag/possession-of-an-instrument-of-crime/)
- [murder of an unborn child](https://bickerton-law.com/tag/murder-of-an-unborn-child/)
- [aggravated assault of an unborn child](https://bickerton-law.com/tag/aggravated-assault-of-an-unborn-child/)
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- [harassment](https://bickerton-law.com/tag/harassment/)
- [Hazing](https://bickerton-law.com/tag/hazing/)
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- [drug test kits](https://bickerton-law.com/tag/drug-test-kits/)
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- [news](https://bickerton-law.com/tag/news-3/)
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- [flying under the influence](https://bickerton-law.com/tag/flying-under-the-influence/)
- [tampering with evidence](https://bickerton-law.com/tag/tampering-with-evidence/)
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- [juvenile fines](https://bickerton-law.com/tag/juvenile-fines/)
- [juvenile law center](https://bickerton-law.com/tag/juvenile-law-center/)
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