When I was a young lawyer many years go, I had my first DUI trial. In fact, it was only the second trial of my career. I was completely focused on preparing questions for cross-examination, anticipating evidentiary objections, rehearsing my opening statement in front...
Month: May 2013
What is the TODDI Defense?
The TODDI defense is often employed at trial, especially in trials involving co-defendants. "TODDI" stands for "the other dude did it," or 'the other dude done it," and is thus derived from the way some criminal defendants, rather than judges, lawyers or law...
What is the SODDI Defense?
The SODDI is one of the most commonly employed defenses in jury trials involving violent crimes. SODDI is an acronym, which stands for "some other dude did it" or "some other dude done it," and is thus derived from the way criminal defendants, rather than judges,...
Judge Pozonsky’s Downfall Shows Drug Addiction Can Strike Anyone
Judge Paul Pozonsky, a former Common Pleas Court judge from Washington County in western Pennsylvania, has been charged by the Pennsylvania Attorney General's Office with restricted activities by a public official, theft, obstruction of justice and possession of a...
Existing Pennsylvania DUI Law Already Protects Public From “Light-Weights”
Lost in the debate about lowering the legal limit for DUI to .05 is one simple fact. You can ALREADY be charged with DUI under Pennsylvania law, even if your BAC is below .08. The Pennsylvania DUI law does not only criminalize driving after imbibing enough alcohol to...
Texting Driver Charged with Homicide by Vehicle, but at Least She Wasn’t Drunk
It is not just drunk drivers who cause carnage on the highways. Laura Gargiulo has been charged with homicide by vehicle and involuntary manslaughter, as well as other charges, related to an accident on May 7, 2013, in Lawrence County. Police allege that the 42 year...
Search and Seizure: Pennsylvania Man Victimized by Devious, Estranged Wife
Recently, I posted a blog entry entitled "Beware of the Enemy Within," in which I describe a not uncommon scenario where an angry wife or girlfriend runs to the police to implicate her boyfriend or husband for drug possession. Perhaps if a West Manheim Township man...
DUI Charges Can Be Filed Against Sober Minors in Pennsylvania
When it comes to DUI in Pennsylvania, not everyone is held to the same standard. The legal BAC threshold in Pennsylvania is .08, however, the legal limit for those under the age of 21 is a mere .02. This .02 legal limit for minors has been in effect in Pennsylvania...
Blair County Death Row Inmate Assaults his Attorney
Last week, I posted a blog about status-based aggravated assaults, and this week's news provides a brazen example of this offense. Andre Staton was convicted by a Blair County jury in 2005, for the murder of his girlfriend, and then sentenced to death. Tim Burns was...
Retail Theft Convictions Carry Long-Term Repercussions
I have lost track of how many calls I have received from a frantic recent college graduate, who has just been fired from her new job, after the company obtained her criminal background check. The caller goes on to explain that she pled guilty to a retail theft while a...