Blog Archives
Supreme Court Changes Rules for Police in DUI Arrests Just Ahead of July 4th Weekend
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
MAKING NEW LAW IN MONTGOMERY COUNTY: Expunging Charges That Were Dropped In Exchange For A Plea
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
Sobriety Checkpoints Dilemma
An 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.
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
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
Public Drunkenness: When One More is Too Much
A 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
The Intersection of Politics and Law Enforcement
Over the past several months, an investigating grand jury convened in Montgomery County, has been hearing testimony and reviewing evidence to determine whether Pennsylvania Attorney General Kathleen Kane violated grand jury secrecy laws when she disclosed the results of an earlier investigation in an effort to discredit her political foes. …Read more
PA Expands Vehicle Search Rules
On April 29, 2014, the Pennsylvania Supreme Court decided the case of Commonwealth v. Gary, holding that police officers do not need a search warrant to search a vehicle, as long as they have probable cause to believe that they will find evidence of a crime inside. The decision is based on the idea that a person’s right to privacy is diminished …Read more
Guilty by Association
As 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
6 Legal Tips For Pet Owners
For many people, a pet is as much a part of the family as a sibling, parent, or child. It only makes sense then, that a pet can bring legal issues to your family as much as any family member can. There’s nothing we can do about the stains on your rug, but we can offer several suggestions to keep your pets from creating legal issues. With this beautiful summer weather, our pets have more interaction with friends and neighbors. …Read more