Can your marijuana charges be expunged? Can you be pardoned for a marijuana conviction in Pennsylvania? The Pennsylvania Board of Pardons (BOP) recently established an expedited review program for non-violent marijuana-specific convictions, including possession of small amounts of marijuana for personal use, DUI of medical-marijuana, and Possession with Intent to Distribute Marijuana (PWID). While applicants …
Your Rights and the Law
Can the cops search your vehicle if they smell marijuana?
Pennsylvania Supreme Court to Hear Case Involving Cannabis Odor and Vehicle Searches Is the smell of cannabis probable cause for the police to search your vehicle? That is the question up for debate this week in the Pennsylvania Supreme Court. In Commonwealth v. Barr II, the defendant was charged with illegally owning a firearm after …
Location Tracking, Cell Phone Data, and Your Rights
Can the Police Access Your Cell Phone Data? What are your privacy rights when it comes to mobile data and cell phone tracking information? Now that everyone owns a mobile device, it is very easy to for cell phone companies to track real time location, even if calls were not being made. They can also …
What Happens to My License After a DUI Charge in Pennsylvania?
Possible License Suspension and DUI in Pennsylvania Having a few drinks at a bar and driving home may be commonplace in Pennsylvania, but if you are charged with DUI in PA, or driving under the influence of drugs or alcohol, the consequences and penalties of a DUI arrest in Pennsylvania can be shocking and last …
PA Law Gives Immunity to People Who Help a Friend During a Drug Overdose
If your friend or loved one has overdosed on drugs and you assist them in getting help, you can not be criminally charged, even if you were also using drugs (under most circumstances). This immunity also applies to anyone on probation or parole. This law is often referred to as the Pennsylvania Good Samaritan Overdose …
Penalties for Not Wearing a Mask in Pennsylvania
What are the penalties in PA for non-compliance of face coverings / masks? As the Covid-19 pandemic roars on, mask requirements and laws enforcing masks to be worn outside and in public places are becoming more stringent and prevalent. Currently, there is a Covid-19 order that states any person outside of their home that will …
Grand Jury—Pennsylvania Courts
How Does a Grand Jury Work and What Happens if You’ve Been Indicted We all have heard of a grand jury, but how they work, the purpose they serve, and how they differ from a trial jury, is sometimes a muddled and confusing. Grand juries are written into the U.S. Constitution under the 5th Amendment …
Your Rights as a Felon and Voting in Pennsylvania
Voting Rights in PA with a Criminal Record Can you vote in Pennsylvania if you were convicted of a misdemeanor or a felony? Voting is one of the most vital rights as a U.S. citizen. Many people falsely believe that if you are a convicted felon, you are not able to vote or may not …
Spousal Privilege
Spousal Privilege Laws in Pennsylvania In Pennsylvania, the law states that a husband and a wife may refuse to testify against each other in a criminal proceeding. However, this does not mean that a spouse is not allowed to testify against his or her spouse. Testimonial Privilege and Communications Privilege Usually, the privilege belongs to …
Miranda Warnings—Your Rights and The Law
I was not read my Miranda Rights when being arrested—was my arrest illegal? A common mistaken belief is that when a person is being arrested, the arresting officer must read that person their Miranda Rights, also known as the Miranda Warning, or ““You have the right to remain silent. Anything you say can and will …