felony

10/02/2020 | Pennsylvania Laws, Your Rights and the Law

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 be able to vote for years after you’ve been released from prison.

However, since the court ruled this law to be unconstitutional in December 2000, that rumor has not been true.

Convicted felons have the right to vote. And people who have been charged with a felon, and not yet convicted, also have the right to vote.

Below are the basics of voting with a criminal record in Pennsylvania:

  • The only time a convicted felon can not register to vote or vote, is if they are incarcerated or if they are living in a halfway house or other alternative correctional facility and will not be released on probation or parole until after the next election date. 
  • If you were convicted of a misdemeanor, you have the right to vote at any time, even if you are incarcerated. But if you are incarcerated or under house arrest, you do have to request an absentee ballot. 
  • If you are a pretrial detainee and have not yet been convicted of a crime, you still have the right to register to vote and vote, even if you are currently confined to a correctional facility.

Please note, that people who were convicted of violating the Pennsylvania Election Code in the last four years are not eligible to vote.

See the Pennsylvania Department of State Voting Rights of Convicted Felons, Convicted Misdemeanants and Pretrial Detainees brochure for a full explanation.

Answers to Common Questions About Voting and a Criminal Record in Pennsylvania

Can a Person Convicted of a Misdemeanor Vote?

Yes, convicted misdemeanants have a right to vote, as do people currently facing misdemeanor charges. This is according to the Pennsylvania Department of Corrections. You do have to request an absentee ballot in order to vote.

Can a Person Charged with a Crime Register to Vote and Vote?

Yes. If you are a pretrial detainee, you have the right to register to vote, even if the charges include a felony and even if you are currently confined to a correctional facility.

Can a Person on Parole or Probation Register to Vote and Vote?

Yes. You can register and vote, even if you are living in a halfway house.

Can I Register to Vote or Vote in Pennsylvania if I am a Convicted Felon Currently Living in a Halfway House?

Yes, if your sentence is completed and you are on probation or parole. You must vote with an absentee ballot and must use a previous or future address to register to vote, not the address of the halfway house.

Can a Person Under House Arrest Register to Vote and Vote?

Yes. No matter if you were convicted of a felony or misdemeanor, you have the right to vote if you are under house arrest. You have to vote by absentee ballot, however. Make sure you make your request by the deadline (See below for dates for 2020).

How Can I Register to Vote?

In Pennsylvania, the easiest way to register to vote is online at VotesPA.com.

You can also register by mail, at your County voter registration office, or at a PennDot location.

If registering online, use this Pennsylvania Voter Registration Application online form.

How Do I Vote by Absentee Ballot?

To make a request for an absentee ballot, you fill out the application for the absentee ballot here. Or, you can make the request for an absentee ballot online.

Please note for the 2020 election: Mail-in and absentee ballot applications for the November 3, 2020, general election must be received by your county election office or other designated location by 5 p.m. on Tuesday, October 27, 2020.

Learn more about mail-in and absentee ballots. 

What Do I Need to Know for Voting on Election Day 2020 in Pennsylvania?

  • Primary Election Day: Tuesday, November 3rd
  • Final Day to Register to Vote: Monday, October 19th, 2020.
  • Deadline to request an absentee ballot: Tuesday, October 27th, 2020.

In order to vote, you must be a U.S. citizen, be at least 18 years old on Election Day and have been a Pennsylvania resident for at least 30 days before the election.

If you have any questions about voting in Pennsylvania, call 1-877-VOTESPA (1-877-868-3772).

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Ketchel Law is a Pittsburgh Criminal Defense Law Firm. Our attorneys are here to help you fight your charges and win back your freedom.

OUR NUMBER ONE GOAL: GETTING YOUR CRIMINAL CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

If you or someone you know finds themselves in legal trouble as a result of the protests, please call our law office for consultation and allow us to help get your life back to normal.

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FREE LEGAL CONSULTATION

Call us today – 412-456-1221 – to find out how we can help defend your rights.

Learn more about Ketchel Law:

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

03/23/2020 | DUI, Pennsylvania Laws

Certain DUI Charges Now Felonies in Pennsylvania

Information on DUI Penalty Changes in Pennsylvania

Starting in December of 2019 new penalties were put into effect in Pennsylvania for offenders with multiple DUI convictions.

Previously, Pennsylvania did not consider multiple DUI charges as felonies, and instead treated all DUIs as misdemeanor offenses. The penalties for DUI convictions in Pennsylvania have now changed to include a felony sentence, a longer prison sentence and higher fines.

Pennsylvania DUI Law—FelonyAn Increase in Penalties for a DUI Conviction in PA

Multiple Convictions

Those who drive under the influence are now subject to felony charges if, on their third DUI conviction, they are found to have driven with a blood-alcohol level (BAC) of 0.16% or higher or under the influence of a controlled substance or refuse chemical testing under certain circumstances.

A fourth DUI conviction—regardless of blood alcohol level or substance involved—will now also be considered a felony.

The changes to the DUI law in Pennsylvania are as follows:

  • Under the new law, a person found guilty of a third DUI charge within 10 years and with a BAC level of .16% or higher or under the influence of a controlled substance, is subject to 1-7 years in jail and a $2,500—$15,000 fine.
  • Under the new law, a person found guilty of their fourth DUI offense in 10 years and with a BAC level between .08% and .10% is subject to 10 days to 7 years in jail and a $500—$15,000 fine.
  • Under the new law, a person found guilty for their fourth or subsequent DUI offense in 10 years with a blood-alcohol level of between .10% and .16% is subject to 1—7 years in jail and a $1,500—$15,000 fine.
  • Under the new law, a person found guilty on their fourth or subsequent DUI offense in 10 years with a BAC level of 0.16% or higher or under the influence of a controlled substance is subject to 1—7 years in jail and a $2,500—$15,000 fine.

Vehicular Homicide Under a DUI Conviction

The new law also increases the mandatory minimum sentence for past DUI offenders who commit intoxicated vehicular homicide. Under the old law, the maximum sentence was the same for everyone convicted of vehicular homicide while DUI: three years in prison. Under the new law, the penalty with one prior DUI is now five years in prison, while the minimum for an offender with two DUI convictions increases to seven years.

A DUI Charge While Under License Suspension

There are also increased penalties for those caught driving while their license is suspended for a DUI. The maximum penalty under the old law was a $500 fine and up mandatory 60-90 days in jail, regardless if it was a person’s first or subsequent offense. Under the new law, a second offense results in a Misdemeanor conviction and a mandatory $1,000 fine and at least 90 days in jail. A third offense leads to a $2,500 fine and a mandatory six months in jail.

What You Should Do When Facing DUI Charges in Pennsylvania

The first step is to get a free legal consultation from an experienced and successful DUI Lawyer in Pennsylvania, like Attorney Justin Ketchel. If you have been arrested for a DUI in Pennsylvania, Justin Ketchel can help build a strong defense for your case and keep fines and sentencing to a minimum.

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

To better understand what happens in Pennsylvania after you have been charged with DUI, read about:

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION