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Posts tagged "ARD"

Bringing Marijuana onto State Prison Grounds leads to Charges

A Pittsburgh woman recently found out the hard way
what the consequences are for bringing a small amount of marijuana and drug paraphernalia onto state prison grounds. The 20 year old college student was apparently attempting to visit someone at the new SCI Benner Township facility next to SCI Rockview, when drug sniffing dogs alerted corrections officers to the presence of contraband. A subsequent search revealed a small amount of marijuana and drug paraphernalia in the defendant's possession.

What is ROR Bail?

Some form of bail must be set in all misdemeanor, felony or homicide cases in Pennsylvania. By far the most common form of bail is ROR, especially here in Centre County, where we have a lot of non-violent offenses like DUI, small amount of marijuana and drug paraphernalia. ROR stands for "released on own recognizance." That means that the defendant need not post any form of cash bail. Rather, the defendant must simply promise to appear at all future court proceedings.Centre_County_Courthouse-thumb-400x337-21337.jpg

Courtroom Fashion Dos and Don'ts

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 of the mirror, and outlining my closing argument. The last thing that crossed my mind was what my client would wear to court. Much to my chagrin, Mr. Defendant showed up to his jury trial not only wearing a hat in court, but a hat promoting a well-known beer from St. Louis. This defendant was convicted, and that day I learned that "fashion advisor" is an integral part of any courtroom lawyer's job.Lindsey.Naegle-thumb-400x574-20676.png

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 since 1996, as part of a zero tolerance approach to underage drinking and driving. A legal limit of .02 is the lowest possible threshold realistically possible, while taking into account the margin of error of any chemical tests.

DUI Can "Happen" to Anyone

DUI is an offense which is not restricted by socio-economic class, ethnicity, age or gender. It can "happen" to anyone who drinks and miscalculates how much he or she had to drink, or those who know they are drunk, but nevertheless decide to take the risk. Usual excuses include "my place is just a mile away" or "it's too cold to walk," or "there are no cabs because it's a home football weekend" or "I need my car first thing in the morning to go to work" or "I've been drinking for 20 years and weigh 250 pounds, so I can handle more than most people" or "I am (insert ethnic group known for drinking, all Germanic, Slavic and Celtic peoples fit the bill), so my genes allow me to drink more than other people." And of course, all of these people will drive slowly and carefully to compensate for their condition, because the people who get DUIs are not just drunk, but driving carelessly. Or at least that is what they tell themselves. This rationalization process is what leads otherwise responsible, law-abiding people to get behind the wheel after drinking. Thus, DUI is a crime, which is not the exclusive domain of hardened criminals and bad asses.

Collateral Consequences for Convictions are Very Harmful for Education Majors

As a criminal defense attorney representing students from Penn State and other schools, I must always consider collateral consequences for convictions when determining the best course of action in a given case. It is never good to be charged with a crime as a college student, but when it comes to collateral consequences for conviction, not all majors are created equally. In some professions, a criminal conviction will merely hurt your chances of getting a job, while a conviction will serve as an absolute bar to employment in certain other professions.

Bill O'Brien Should Not Give Up on Zayd Issah

The recent talk of Nittany Nation has been the multiple counts of forgery and theft by deception lodged against highly touted LB recruit Zayd Issah on March 10, 2013, in Dauphin County. Issah and his friends allegedly tried to pass counterfeit bills at the North Front Street McDonald's and other fast food joints around Harrisburg. Issah is already 18, so he has been charged as an adult.

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McClenahen Law Firm

McClenahen Law Firm
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State College, PA 16801

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