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Loss of Child Custody

A Criminal Conviction Can Cause Loss Of Child Custody Unfortunately, it is true. A criminal conviction can be used against you in a custody dispute. There is even a statute that covers this. Below is that statute. 5329.  Consideration of criminal conviction. (a)  Offenses.--Where a party seeks any form of custody, the court shall consider whether that party or member of that party's ho... Read More

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Juvenile Justice System – Part 2: Child Delinquent Acts

This week we will discuss what to expect if your child is alleged to have committed a delinquent act. The first issue you may encounter is if your child is detained.  A child may be placed in detention, prior to a formal adjudication of delinquency, where the detention is required “to protect the person or property of others or of the child or because the child may abscond or be removed from... Read More

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Marijuana DUI: The Modified Romberg Balance Test

If you asked Dr. Moritz Heinrich Romberg him what his legacy would be while he was on his death bed in 1873, we doubt he would say field sobriety testing for drug and marijuana DUIs. Nevertheless, (former) neurologist Dr. Romberg is now the namesake standardized field sobriety test used to detect the presence of drugs: the “Modified Romberg Balance Test.” You're Nervous and Sober? To the Poli... Read More

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The Juvenile Justice System – Part 1

Pennsylvania Juvenile Justice Concept & Terms The juvenile justice system in Pennsylvania is focused more on the rehabilitative needs of the juvenile than on punishment for the offense.  Because of this difference from “adult” court, the words used in the juvenile system may not be familiar to those who watch Law and Order and see trials with defendants.  This week I will be explaining ... Read More

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Common Examples of Title IX (Nine) Sexual Misconduct

The Office for Civil Rights has described specific forms of sexual misconduct that is prohibited under Title IX. In order to provide you with more information about Title IX, we have outlined the most common examples below. Rape/Sexual Assault This is the clearest and most commonly thought of form of sexual violence. Intercourse, and any other sexual act, requires consent. Without consent, ... Read More

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ARD – Accelerated Rehabilitative Disposition

What Does ARD Mean? ARD stands for "Accelerated Rehabilitative Disposition". If you have been charged with a first offense Pennsylvania DUI, you may be eligible for Pennsylvania's ARD program. If so, and you complete the program, you will have resolved your first offense DUI without a criminal record. ARD was adopted to emphasize rehabilitation as opposed to incarceration. Although each county... Read More

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DUI Prescription Drugs

More Common Than Ever: DUI Prescription Drugs Recent surveys show Americans are taking more and more prescription drugs, and as such, police in Pennsylvania are stepping up their enforcement of prescription drug DUIs. You do not have to be drunk in order to be charged with a DUI. Rather, driving while taking common prescription drugs can lead to a Driving Under the Influence of Prescription Drugs... Read More

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Homicide By Vehicle While DUI of Prescription Drugs

Americans More Likely To Be Charged With Homicide By Vehicle While DUI of Prescription Drugs Have you or someone you know been charged with Homicide by Vehicle While Driving Under the Influence of Prescription Drugs? This charge is also well-known as "Vehicular Homicide While DUI" or "Vehicular Manslaughter While DUI," and has serious consequences of up to ten years in prison and a $25,000 fine ... Read More

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Title IX Sexual Assault Investigations

Title IX: A Major Issue For Universities One of the biggest issues affecting universities lately are accusations of sexual assault under Title IX (Nine). Title Nine is a federal civil rights law, and universities will lose their federal funding unless they follow certain Title Nine procedures that seek to prevent sexual harassment and other forms of sexual misconduct on college campuses. Given un... Read More

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Aggravated Assault By Vehicle While DUI

Aggravated Assault By Vehicle While DUI: What is it? If an accident occurred that caused injury to another driver, passenger, or pedestrian, while you may have been driving under the influence, expect to be charged with Aggravated Assault by Vehicle While DUI. This is a serious crime, and if convicted you face up to ten years in prison and fines up to $25,000. Aggravated Assault by Vehicle Whi... Read More

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