Blog Archives

Signed Medical Authorization for College Students – A MUST

Why parents should have a Signed Medical Authorization form for their college students?

College Medical Authorization FormWith back to school season drawing to a close, parents should consider an often overlooked issue involving their adult children. If your child is an adult, you may not be able to get information regarding Health Care issues without the proper medical authorization. Once a child reaches the age of 18, he or she must consent to the release of any medical information to any other person; this includes parents. HIPPA laws are very restrictive in defining what information can be disclosed by medical providers.

In the event that your child is injured and unable to communicate, you may not be able to get access to him or her without the proper medical authorization. …Read more

Supreme Court Changes Rules for Police in DUI Arrests Just Ahead of July 4th Weekend

DUI Law UpdateGenerally, 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

MAKING NEW LAW IN MONTGOMERY COUNTY: Expunging Charges That Were Dropped In Exchange For A Plea

Alert button isolated over white, 3d render

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

PROPOSED: Major Change to Pennsylvania Divorce Law

Divorce Marriage Process and the Ugly Truth

In Pennsylvania, a no-fault divorce will be granted only when a marriage is “irretrievably broken.” Sometimes both parties agree that the marriage is over. But when they don’t, the Divorce Code requires them to live separate and apart for two (2) continuous years before the law says the marriage is irretrievably broken. With dual income households being the norm, it is often not feasible for one party to simply vacate the home. This means that families are required to live separate lives under the same roof for two (2) years while the economic issues linger. This creates an untenable situation; not only for the parties, but often forces the children to live in a cauldron of arguments, tension, and stress. In the life of a child, two years is an eternity. …Read more

Sobriety Checkpoints Dilemma

bottles of alcoholAn interesting series of videos have recently been making the rounds on social media, in which Florida attorney Warren Redlich demonstrates an innovative method for negotiating sobriety checkpoints.

VIDEO

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

Increased Penalties When Enhanced Sentencing Guidelines Applied

Dotted iSince 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

Public Drunkenness: When One More is Too Much

bottles with alcoholA person can be convicted of public drunkenness if he appears “in any public place manifestly under the influence of alcohol or a controlled substance…to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.”

Unlike the charge of Driving Under the Influence (DUI), there is no defined blood-alcohol limit for intoxicants before someone can be cited for public drunkenness.  That is because there is no requirement in the law that police perform chemical analysis or other tests to determine whether a person is objectively under the influence of drugs or alcohol.   …Read more

Recent Changes to PA DUI Laws

DUI Law UpdateThe Pennsylvania DUI laws have recently undergone several revisions intended to close perceived loopholes in the statutes.

AMENDMENT CHANGES:

  • The first change amended the language that controls the maximum punishment for a second-offense DUI where the driver refuses to submit to chemical testing.  Until the recent amendment, the statute provided a maximum period of incarceration of six (6) months, although the crime was graded as a Misdemeanor of the First Degree, which typically carries a maximum period of incarceration of five (5) years.  The law was changed to bring this Misdemeanor of the First Degree into line with others, and now provides a five (5) year exposure.

…Read more

Guilty by Association

Teens_guilty_by_association_borderAs a parent it is important you educate your teens on what they could get in trouble for even when they were simply present, but not participating in drinking, drugs or direct sexting. Here are 4 examples of what your teenager might experience in any given weekend: …Read more

Will Pennsylvania Legalize Marijuana?

marijuana leaf

While a number of states have legalized the use of

marijuana for medicinal purposes, Colorado recently became the first state in the country to legalize the use of marijuana for recreational purposes.

Although Pennsylvania has not taken any substantial steps towards either of these approaches, a bill recently introduced in the Pennsylvania Senate …Read more