03/26/2020 | COVID-19 / Coronavirus, Criminal Defense, Hearings, Pennsylvania Laws

Release from Jail During COVID-19 / Coronavirus

Information on Possible Release from Jail Due to COVID-19 / Coronavirus

The COVID-19 / Coronavirus pandemic is causing the entire world to face shutdowns and closures of industries across the board, and the judicial system is no exception.

Here in Pennsylvania, the Supreme Court filed an order that, until at least April 3, all courts are to be closed to the public. Only essential court functions will continue.

Some counties have declared a judicial emergency to last through April 14 and possibly even longer. This rare closure of the courts presents an unfortunate situation for those stuck in jails for non-violent offenses, and for those who are at a higher health risk due to the outbreak of COVID-19.

But there may be a way to help those stuck in jail during these hard times.

Who May be Able to Request Release from Jail?

During this crisis, many advocacy groups have urged judges in Pennsylvania to grant motions for the release of all people being held in jail for probation violations, those awaiting trial who have not posted bond, elderly inmates, and people with compromised immune systems.

The groups also recommend that people incarcerated for non-violent offenses or misdemeanors be released, along with people who have less than six months remaining in their sentences.

Getting these groups of inmates released can be propelled by the filing of motions for release, such as bond modification, bond reconsideration, or the reinstatement of bond.

Which Court Proceedings Are Still Being Held?

Although the Pennsylvania Courts have been shutdown during this crisis, judges are still available to listen to these motions to release inmates as the Supreme Court has ruled these motion hearings as “essential functions,” thus allowing these proceedings to continue through the closures.

It is essential that those who are incarcerated during this crisis be represented by counsel in order to file the proper motions to ensure a timely release. No one should be stuck sitting in jail, heightening the chances of exposure of COVID-19, when there are ways to have them released immediately.

How Can a Pennsylvania Criminal Attorney Help with Your Bond / Hearing / Jail Release?

The best way to get through these tough times is to be safe and secure in the comfort of your own home, and it is essential to get as many eligible inmates released from the jails as possible.

The Law Offices of Justin J. Ketchel are open and operating through this crisis in order to aid those inmates that should be released from the jails. We are here to work diligently to get as many eligible inmates released from the jail and back to their homes as possible.

If you or a loved one has been charged with a crime or is facing arraignment, a bond hearing, probation violations or is elderly or immunocompromised, or awaiting trial, call our law offices to get a free consultation about your case.

The Attorneys at Ketchel Law are here for you—our number one goal through this pandemic is to get you or your loved one released from jail.

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

OUR NUMBER ONE GOAL: YOUR RELEASE FROM JAIL

Attorney Ketchel is a dedicated defender of justice with the wisdom and tenacity it takes to protect your legal rights and fight for your freedom.

As an experienced and successful Pennsylvania criminal attorney, Attorney Ketchel works aggressively, yet carefully, to ensure that his clients receive the best possible outcome under the law.

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03/24/2020 | Criminal Defense, Pennsylvania Laws

Criminal Charges During Coronavirus / COVID-19 in Pennsylvania

What Happens When You are Arrested During COVID-19 in Pennsylvania?

Know Your Rights to an arraignment, hearing and an attorney in the Pennsylvania court system

Around the globe, people are facing the pandemic of Coronavirus, or COVID-19, and are currently under social distancing restrictions.

The Pennsylvania Supreme Court filed an order, effective until at least April 3, closing all courts to the public—including trial and intermediate appellate courts. Only “essential” court functions will continue.

So, what does that mean if you, a friend, or a loved one is arrested and detained in jail during this rare closure of the courts?

When someone is arrested and detained in jail for a crime they are required to be arraigned by a magisterial district court within 72 hours. The Supreme Court Order listed preliminary arraignments for bailable cases as an “essential function.”

Therefore, if you are arrested and detained in jail for a criminal charge during this court closure you still have the right to be seen by a judge within 72 hours to have your bail set.

A Pennsylvania criminal attorney can be present at such arraignment to make arguments for low and/or non-monetary bail.

Additionally, the Supreme Court Order listed preliminary hearings for incarcerated persons to be an “essential function.”

Therefore if someone has not made bail, or is currently incarcerated for any reason and has an upcoming preliminary hearing, the hearing will be held as scheduled. It is important that incarcerated defendants have the opportunity to be represented by counsel in these preliminary hearings.

Your Criminal Defense Attorney is an “Essential Service”

Ketchel Law is open, operating and happy to help anyone currently facing criminal charges during these unprecedented times.

When you need personalized attention and a tough Pittsburgh criminal lawyer, Attorney Justin Ketchel is here for you.

An arrest is not a conviction.

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OUR NUMBER ONE GOAL: GETTING YOUR CRIMINAL CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221

If you were arrested, call Attorney Ketchel for a free consultation. The sooner you call, the better your chances of having a strong defense to win your case or reduce the charges.

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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.

An 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.

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02/19/2020 | Drugs, Marijuana, Pennsylvania Laws

Pardons for Marijuana Convictions in Pennsylvania

New Expedited Review Program for Pardons on Non-Violent Marijuana Specific Convictions

A recent update to the pardoning system in Pennsylvania can benefit anyone who has been convicted of non-violent marijuana charges.

Pennsylvania Lieutenant Governor John Fetterman is encouraging anyone who has been convicted of non-violent marijuana offenses to apply for a pardon.

This expedited pardons process, which takes effect immediately for people with marijuana convictions, ranges from misdemeanor possession to non-violent felonies.

Although marijuana possession in Pennsylvania is still illegal, a majority of Pennsylvanians, including the current Governor, are in favor of legalization. It is estimated that between 65 and 70 percent of Pennsylvanians endorse legalizing marijuana.

“We now know the majority of Pennsylvanians are in favor of legalization, and that includes me,” Gov. Wolf said in a public statement.

What is a Pardon?

When someone has been convicted of a misdemeanor or felony charge, the only way to have that charge completely forgiven by the state is to go through the clemency process. The clemency process is what is better known as applying for a Governor’s Pardon or Commutation.

A pardon relieves an individual of the consequences resulting from a conviction. A pardon constitutes total forgiveness by the state, and makes the crime as if it never happened.

Where to Apply for a Pardon in Pennsylvania

The Pennsylvania Board of Pardons (BOP) is the entity that has the authority to make recommendations to the Governor for pardons. Generally, the process to be granted a pardon takes years to complete. It starts with the filing of an application, after which it can take years before a hearing is granted.

Recently, the Pennsylvania Board of Pardons (BOP) has established an expedited review program for non-violent marijuana-specific convictions. Under this new expedited program for non-violent marijuana convictions—instead of a typical 2½-year wait—a person could have their cases expunged in less than one year.

This expedited review program puts an emphasis on accelerating the process for reviewing applications for pardons for these types of offenses. Under the new expedited process, the BOP has the goal of evaluating these types of pardon applications in a much quicker fashion.

There is no guarantee that applicants for this program will receive a favorable decision from the BOP. However, this program does speed up the process and it puts an emphasis on allowing applicants to demonstrate how a pardon of such an offense would improve the applicants overall quality of life.

Reasons to Apply for a Pardon

If you have criminal charges on your record, it makes it all the more difficult to find employment, apply for loans, find housing, etc. Having your record pardoned is as if the arrest and conviction never happened—your record will no longer be available for anyone to see with a basic background check.

Help with Applying for a Pardon

An experienced drug lawyer in Pennsylvania can help with the process of having your conviction pardoned. If you were convicted of a small amount of marijuana or are wondering whether you can have your record removed, call Attorney Justin Ketchel today for a free case evaluation.

If you have been charged with a drug crime or marijuana possession in Pennsylvania, contact Ketchel Law today. Our number one goal is to have your charges dismissed and your record clean.

Learn more about Federal marijuana reform and decriminalization of marijuana in Pennsylvania.

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09/27/2016 | DUI, Pennsylvania Laws, Supreme Court, Your Rights and the Law

Supreme Court Ruling and DUI Cases in PA

2016 Supreme Court Ruling on DUI Law

Arresting Officers Need Search Warrant for DUI Blood or Chemical Testing

A 2016 ruling by the United States Supreme Court in Birchfield v. North Dakota changed Pennsylvania DUI law in a major way.

Prior to this decision, police officers investigating a DUI case were not required to obtain a search warrant to extract blood from an individual under suspicion of DUI for purposes of chemical testing.

The law now says a warrant is required to obtain blood from an individual.

If a warrant was not obtained in your DUI case, the possible penalties you face may have changed. Call the Ketchel Law today for a free consultation at 412.456.1221.

How does this ruling affect DUI cases in Pennsylvania?

If no warrant was obtained for a blood draw, an individual charged with a first offense DUI with a blood alcohol level (“BAC”) of .16 or higher may now receive NO JAIL time and NO LICENSE suspension as opposed to 72 hours in jail and a one year driver’s license suspension.
Prior to Birchfeild, a person facing a second offense DUI with a BAC of .16 or higher faced a mandatory 90 days—5 years imprisonment with a license suspension of 18 months. Now, assuming no warrant was obtained to collect the blood evidence, an individual faces only 5 days—6 months incarceration and a one year license suspension.
For a third offense DUI with a BAC of .16 or higher, an accused faces a mandatory state prison sentence of 1-5 years with a license suspension of 18 months followed by an Ignition Interlock for 1 year. If no warrant was obtained for the blood draw, an individual now faces only 10 days—2 years in jail and a license suspension of 12 months followed by an Ignition Interlock for 1 year.

Contact a Pittsburgh DUI Lawyer at Ketchel Law today at 412-456-1221 to find out whether this new law will affect your Pennsylvania DUI charges.

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If you have been charged with a DUI in Pennsylvania, contact Ketchel Law today.

Our number one goal is to have your charges dismissed and your record clean.

Learn more about DUI Laws in Pennsylvania

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We offer free legal consultations to anyone charged with a crime in Western Pennsylvania. Call us at 412-456-1221 today to find out how we can help defend your rights.

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