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...
State College Criminal Law Blog
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...
Proponents of .05 Legal Limit for DUI are Right for Wrong Reason
For a long time, the legal limit for DUI in most states was a BAC of .10. By 2004, every state had lowered its DUI threshold to .08. Now, the National Transportation Safety Board is recommending that all states lower their BAC thresholds to .05. Not surprisingly, bar...
“Just Holding it for a Friend” is a Confession, Not a Defense
It's a line right out of an old "ABC After School Special," or from a "very special episode" of an otherwise cheesy sitcom of yore. "But I was just holding it for a friend," mouthed with a certain inflected tone and accompanying body language, expressing both...
State College Woman Skips DUI Sentencing, Gets Second DUI Same Day
Not all DUIs are created equally. A 35 year old State College woman's recent misfortune provides a tutorial on just about every conceivable aggravating factor, which can be associated with a DUI, short of homicide while DUI or aggravated assault while DUI. The...
Will Marijuana Legalization Squeeze Out the Little Guy?
Marijuana legalization, or more correctly stated, re-legalization, appears to be inevitable, due to simple demographic math. Each year, more supporters of legal marijuana reach voting age, while more aging prohibitionists die off. A 2013 Pew Research Center Poll...
Drug-Related Texts and Phone Calls are a Crime
Everyone knows that it is illegal to sell drugs like marijuana, cocaine and heroin, but most people are unaware that under the Pennsylvania Crimes Code, using a cell phone or email to set up a drug deal constitutes a separate and distinct criminal offense, aside from...
Should Pennsylvania Give “Terroristic Threats” a New Name?
"Terroristic Threats" is such a common offense in Pennsylvania, that pretty much everyone in the Commonwealth has heard of this crime, and most Pennsylvanians have a pretty good idea of what it entails. Pursuant to 18 Pa.C.S.A. § 2706(a)(1), terroristic threats...

