Effective December 21, all new Commercial Drivers License (CDL) applicants and current holders required to renew or make any changes or upgrades to their CDL will need to appear at a PennDOT Driver License Center in person. The new Federal Motor Carrier Safety Administration final rules require license holders to prove citizenship or legal presence … Continue reading Changes to CDL Applicants and Renewals
There has been a lot of commentary on the recent New Jersey Supreme Court case, State v. William L. Witt, (A-9-14)(074468), which essentially did away with a warrant requirement for the search of a vehicle in many circumstances. What the Court ultimately ruled was that, like Pennsylvania a little over a year ago, New Jersey … Continue reading New Jersey Supreme Court: Warrant Requirement a Burden on Citizens
This week, attorney Jorge Pereira, in conjunction with Chief Counsel Joshua Prince, was successful in having the Berks County District Attorney dismiss felony charges against a client in relation to him putatively providing false information on an application to purchase a firearm as a result of a prior conviction, which the Pennsylvania State Police (PSP) … Continue reading Berks County DA Dismisses Charges in Relation to Putative Domestic Violence
Everyone at one point in there life has driven over the speed limit. Some like to drive their car like it was stolen. It is what it is… What happens after you are pulled over and ticketed for speeding will depend on: the individual who stopped you; what county you are in; how respectful you … Continue reading Speeding Ticket
There’s been some discussion of a new ordinance in Montville, N.J. that supposedly allows police officers to enter homes at will (or at least upon probable cause) that underage consumption of alcohol is occurring on the premises. The news reports have some truth in them, but are also not complete. Under current state law, it … Continue reading Much Ado About Nothing?: Montville, New Jersey’s Underage Drinking Ordinance and What’s Left of the 4th Amendment
After charges are filed, a date will be set for the preliminary arraignment. One will also have to be fingerprinted and photographed. At the preliminary arraignment the Magisterial District Justice will inform you of the charges against you, advise you of a right to an attorney, set bail, and give you a copy of the … Continue reading A Brief Overview of the Criminal Process
First of all, be thankful that this occurred in Philadelphia. Being the ex-Thin Line Blue, a Professional Philadelphia Police Officer, long ago, we preferred real crime, which is why you are only being charged a summary, for it could have been much worse. A summary offense on the totem pole of charges is the very … Continue reading I left my firearm in my suitcase, I do have a permit to carry, and was arrested at Philadelphia International Airport and charged, now what?
ARD means Accelerated Rehabilitative Disposition. ARD is for first time non-violent offenders, or non-violent offenders, who have not committed any crimes in a decade or more, and with the latter it usually has to be a minor offense. ARD is usually a one time chance for an alleged offender to pay fines, restitution if applicable, … Continue reading ARD 101
Pennsylvania Superior Court held that a search warrant must be obtained to search Smartphones seized search incident to arrest. “The specific issue that we address in this case is whether a police officer may search the data contained on a modern day cellular telephone, often referred to as a “smart phone” due to the computer-like … Continue reading Search Warrant needed to search seized Smartphones
We have the best judicial system in the world. Under the United States Constitution and Pennsylvania Constitution, we have the right to remain silent. The right to remain silent also means one cannot be forced to testify against oneself. “Defendant's prearrest silence may not be admitted into evidence when the defendant does not testify at … Continue reading Remain silent or make admissions?