Category Archives: Drugs
Generally, there are three ways that a police officer can test you for blood alcohol concentration (BAC) during a traffic stop. They can sample your breath, blood, or urine, however breath and blood are by far the most common methods used. In addition, all states have an implied consent law, which means that by driving on the road, you have agreed to submit to BAC testing. The implied consent laws also lay out punishments for refusing to submit to BAC testing. …Read more
The Law Offices of James W. Flood, P.C. recently won a great victory for those seeking to expunge their records in Montgomery County. Our client had been previously arrested and charged with very serious felony offenses. After a full investigation and a vigorous defense, the serious charges were nolle prossed (dropped) and the client pled guilty to a minor offense. We petitioned to expunge the serious charges that had been dropped. However, the Montgomery County District Attorney’s Office opposed our request.
After a hearing, the Honorable Senior Judge William T. Nicholas granted the petition and ordered the expungement of the charges that had been nolle prossed at the time of the plea. …Read more
Redlich’s strategy is to limit his interaction with the police, and to avoid giving police the opportunity to claim that they can smell an odor of drugs or alcohol from the vehicle or to allege that he is slurring his words. In doing so, …Read more
Since the United States Supreme Court and Pennsylvania Supreme Court largely abolished mandatory minimum sentencing statutes in a string of decisions over the past two years, prosecutors in Pennsylvania have turned to other techniques to maximize sentences. One of these techniques is to apply enhanced sentencing guidelines when they are applicable.
In Pennsylvania, the Legislature has implemented guidelines to be followed in criminal sentencing. These guidelines are based on …Read more
The phrase “doctor/patient confidentiality” is often used to refer to the various legal protections that guard the privacy of communications between people and their physicians. HIPAA strictly regulates what a doctor can disclose and to whom. Additionally, patient-physician privilege laws prevent a doctor from disclosing information learned about a patient in the course of medical treatment, unless certain circumstances apply.
One such exception to the general rule of privacy involves mandatory reporting …Read more