Penn State and State College Borough and neighboring communities have begun enforcing COVID restrictions by issuing citations for violation. The COVID violation is typically for exceeding gathering limits or failure to wear a mask. The State College Borough has passed an ordinance that, among other things, creates a fine of $300 for a violation. Read More
Beginning October 1, 2019, the Pennsylvania Board of Pardons began accepting applications to pardon non-violent marijuana related convictions. When an application is successfully filed and granted, the conviction is completely erased from the individual’s criminal record. The criminal convictions that are eligible for this program include the following: Possession of a small amount of Read More
On December 26, 2018, the Clean Slate Act will provide the ability to petition for an order of limited access for convictions of misdemeanors and other ungraded offenses which are punishable by up to five years’imprisonment. The person must be conviction-free for at least ten years, and must have paid all court fees and Read More
Pennsylvania Legislature considering end to driver’s license suspension for drug charges and underage drinking- related offenses. In Pennsylvania, several summary and criminal charges have carried a significant collateral consequence- a driver’s license suspension. For example, an individual convicted of underage drinking currently receives a license suspension (90 days for a first offense, one year Read More
Obtaining a license to use medical marijuana prevents an individual from lawfully possessing a firearm. This can come as a shock to residents of Pennsylvania- which has recently enacted legislation permitting the possession and use of medical marijuana for serious medical conditions. However, the federal government has not legalized marijuana in any form, and Read More
Anyone convicted of a felony is prohibited from firearms possession but did you know… In Pennsylvania, you can be prohibited from firearms possession if you have been convicted of any of the enumerated offenses found under Title 18, section 6105(b). Additionally, section 6105(c) outlines offenses that prohibit an individual from possessing a firearm, including Read More
Due process requires the return of money paid towards fines, costs and restitution follow a Defendant’s successful appeal where prosecution declines to retry the case. In Nelson v. Colorado, at issue was a Colorado case in which the defendants were convicted, but those convictions were reversed on appeal. When the prosecution decided not to Read More
Every retail theft is a petit larceny, but not all petit larcenies are retail thefts… On March 1, 2017, the Superior Court issued a ruling in a matter of first impression- that being whether an individual’s prior convictions for petit larceny in New York constitute prior offenses for determining the proper grading for the Read More
For individuals who have been subjected to an involuntary mental health commitment under the Mental Health Procedures Act, there may be collateral consequences of that commitment. First of all, such a commitment prevents an individual from possession of or purchase of a firearm. Secondly, the record may become available in the even the individual Read More
In a decision issued January 31, the Superior Court of Pennsylvania decided that increased penalties may not be imposed as a result of an individual exercising his or her right to refuse a blood test in a DUI refusal case. In Commonwealth v. Giron, the court noted the US Supreme Court’s decision in Birchfield Read More