Many high school-aged students have no idea what they want to do “when they grow up,” and so it is during their college years that they make the choice of pursuing a graduate degree or not. Unfortunately, it is during these years that students also get into the most trouble, due to the combination of easily accessible alcohol, young and immature minds, and a new-found sense of freedom. Possibly even more unfortunate is the fact that criminal convictions attained during these college years can prevent these students from getting the federal student loans they need to pay for such expensive schooling. This, in turn, can put their efforts of achieving their bachelor’s degree and diploma on hold, and even extinguish any future plans to obtain higher education.

The eligibility to receive federal student loans can be suspended if the criminal offense was committed while already receiving federal student aid, including grants, loans, or work-study. For example, for a drug conviction, the applicant will be asked, while completing the requisite questionnaire, whether they had a drug conviction for an offense that occurred while receiving such loans. If the answer is yes, the loans can be suspended until the completion of an approved drug rehabilitation program, or upon the passing of two unannounced drug tests administered by such a program.

Fortunately, certain circumstances can prove advantageous for these students, such as ARD. ARD stands for Accelerated Rehabilitation Disposition, and is designed to divert first time offenders from entering the criminal justice system. Thus, if you are a first time offender, and you are accepted into the ARD program, upon the satisfactory completion of the court-ordered conditions, your record will be expunged. In addition, the prosecutor may agree to lessen the charges. The result of both of these alternate circumstances is that federal student loans may not be suspended or denied. Thus, it is imperative that students (or those thinking about going to school) who have been arrested or charged with a crime seek the professional help of a trained and licensed attorney so as to avoid these devastating consequences, and to ensure a future in higher education.

The Tender Year’s Doctrine is a legal principle that has existed since the late nineteenth century, and was widely employed in the 1970s. It presumes that during a child’s ‘tender,’ years, (age 13 and under), the mother should have sole custody of the child following a divorce proceeding. Today, almost 40 years later, it is still a common misconception that mothers should have sole custody of the children. But how have judges really been deciding custody issues in the most recent years of our country’s legal history?

In January of 2011, the Pennsylvania legislature enacted a statute to make uniform the factors a judge must consider when fashioning a custody order, notwithstanding the sex of the parent. The judge must consider the following 15 factors:

-       Which party is more likely to encourage and permit frequent and continuing contact between the child and another party,

-       The present/past abuse committed by a party or member of the party’s household,

-       The parental duties performed by each party on behalf of the child

-       The need for stability and continuity in the child’s education, family life, and community life,

-       The availability of extended family,

-       The child’s sibling relationships,

-       The well-reasoned preference of the child, based on the child’s maturity and judgment,

-       the attempts of a parent to turn the child against the other parent, except for domestic violence cases where reasonable safety measures are necessary to protect the child,

-       Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child adequate for the child’s emotional needs,

-       Which party is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child,

-       The proximity of the residences of the parties,

-       Each party’s availability to care for the child or ability to make appropriate child-care arrangements,

-       The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another, except in cases of protection from abuse,

-       The history of drug or alcohol abuse of a party or member of a party’s household, and

-       The mental and physical condition of a party or member of a party’s household.

Thus, the Tender Year’s Doctrine is now outdated, judges have been catching up, and fathers have just as equal a chance as mothers do when battling for custody of their children. SO FATHERS, KNOW YOUR RIGHTS AND BE HEARD!

Marijuana comes from the cannabis plant, and has a long history of medicinal uses. Medicinal marijuana dates all the way back to 2737 BCE, and was used in traditional Chinese medicine as well. Proponents of using marijuana for medicinal purposes argue that it can be used to treat some serious ailments. Chemotherapy, the drug administered to patients with cancer, causes extreme nausea and vomiting, which marijuana reduces. In addition, marijuana helps to stimulate hunger in chemotherapy and AIDs patients. Marijuana has also been proven to lower intraocular eye pressure, which has been shown to be effective for treating glaucoma.

On the other hand, opponents of medicinal marijuana argue that the drug is too dangerous to be legally administered for any reason. Marijuana is often referred to as a “gateway drug,” meaning that the use of marijuana can lead to the use of more dangerous drugs in the future. Others argue that the drug is addictive, although it is less physically addicting than it is mentally. In addition, when smoked, marijuana side effects are often compared to those of tobacco and cigarettes, which can cause damage to the lungs, throat, and mouth.

So what do you think; should marijuana be legalized in Pennsylvania for medicinal uses?

You have probably heard the saying, “beer before liquor, never been sicker, liquor before beer, you’re in the clear,” and you may even follow it as a ‘rule of thumb’ when socially consuming alcoholic beverages. And because it is the law in every state in the country, everyone has heard the saying, “friends don’t let friend drive drunk.” However, you have probably never heard the sayings, “don’t drink ENERGY drinks and drive,” or “don’t mix alcoholic beverages with energy drinks.” Although the first two ‘rules of thumb’ are popular and easy to remember because the words rhyme, the third and fourth sayings are probably never recited throughout the course of the night. The reason for this lack of popularity is because the population as a whole is generally unaware of the facts that 1) drinking a non-alcoholic energy drink can create a positive ‘blow’ into a breathalyzer, and 2) there are serious, often dangerous, side effects associated with drinking an energy drink, especially when mixed with alcohol.

Let me first say that I don’t know if ALL energy drinks are bad for your health and that is not what I am implying.  However, a number of energy drinks have been tested, and the results may surprise you. The stimulants contained in energy drinks, including very high doses of caffeine, do enhance alertness and wakefulness, but they can also cause nervousness, irritability, and restlessness in consumers. Stimulants can also cause heart palpitations, headaches, increased blood pressure, dilation of the pupils, and shaky hands. Mix these stimulants with alcohol, and the body suffers the consequences.  Alcohol is a depressant (or ‘downer,’ as it is often referred to), and energy drinks contain multiple stimulants (or ‘uppers’). In small doses, alcohol can help a person to feel more relaxed, less anxious, and more sociable, so many people often forget that alcohol is in fact a depressant. However, in larger quantities, alcohol (and depressants in general) slows down the central nervous system, which in turn decreases reaction time and slows down thought processes. Long-term side effects of consuming high doses of alcohol can include liver damage, kidney damage, anemia, brain shrinkage, and strokes, while long-term effects of caffeine intake can include rapid weight gain, heart disease, diabetes, insomnia, and depression. Consuming both of these drugs on a regular basis, over a long period of time, substantially increases your risk of body and organ damage.  So, no matter how appealing that energy drink + vodka may seem at the bar on your next night out, consider the not-so-appealing short and long-term side effects associated with each drink before ordering one.

If the risks involved with mixing alcohol and energy drinks together do not totally steer you away from drinking them, consider a study that was conducted at the Missouri State Public Health Laboratory, and included in the Journal of Analytical Toxicology in April of 2009. According to the Journal’s article, a variety of energy drinks were tested by gas chromatography, (a form of chemistry used to separate and analyze compounds, and incidentally a method used to test your blood if you are suspected of DUI), and almost 90% (88.9%) were found to contain as little as 5 or as much as 230 milligrams per deciliter of ethanol (aka alcohol). In non-scientific terms, the results of this study prove that energy drinks that do not have ‘alcohol’ listed in the ingredients section of the label actually do contain alcohol. Even more disturbing is the data that was collected from volunteers who were given 24.6 to 32 ounces of these energy drinks to consume, and then blew into a portable breath-testing instrument (PBT), such as the PBTs used by the police at the roadside. The data proved that out of the 27 volunteers consuming these “non-alcoholic” energy drinks, 11 of them blew positive results for alcohol into the PBT. In addition, all tests that were taken within the 15 minutes immediately following the last sip of energy drink resulted in alcohol-free readings. Thus, if a person consumes an energy drink, waits 15 minutes, and then blows into a PBT, his or her results will likely come back negative. However, if he or she blows into a PBT at any point BEFORE those 15 minutes are up, there is almost a FOURTY-ONE PERCENT chance that the reading will test positive for alcohol. This tells us that people who are blowing positive results into a PBT after being pulled over for suspected driving under the influence, but who are telling the police that they had not been drinking before getting behind the wheel, might actually be telling the truth. Unfortunately, police do not always follow protocol and wait the amount of time necessary to ensure that false positive doesn’t happen.

Science has shown that, if people are driving while consuming a “non-alcoholic” energy drink, have not consumed any alcohol, and are blowing positive PBT results, then almost half of them could be blowing false positives. Staggering findings like these are yet another reason why it is heartening to see that DUI convictions based on positive breath test results may soon be overturned in Pennsylvania. In the future, we can only hope that those who were wrongly convicted because of bad science, bad techniques, or a combination thereof will be exonerated and that good science will prevail.

2. 58 P.S. § 33.
3. See Kilmer v. Elexco Land Services, 990 A.2d 1147 (Pa. 2010)(holding that an oil and gas lease agreement, which contained language that permitted a one-eighth royalty to be calculated by first deducting any post-production costs, is permitted under Pennsylvania law regarding minimum royalty payments).
Specifically, if the well operator pollutes or diminishes a public or private water supply the operator must restore or replace said water supply. 58 P.S. § 601.208.

The first type of DUI requires that government must prove that while you are driving or in actual physical control of a motor vehicle on a highway or roadway of the Commonwealth, you are incapable of safely driving.  In order to prove that you are incapable of safely driving or operating a motor vehicle, the government must establish that you voluntarily consumed alcohol to the point that your physical and mental abilities become substantially impaired due to alcohol and that such substantial impairment occurred when you were in actual physical control of a vehicle.

To be substantially impaired, it must be proven beyond a reasonable doubt that there was a “diminution … in the ability to exercise judgment, to deliberate or to react prudently to changing circumstances and conditions.”

Alternately, under Pennsylvania law, the government can charge you with a DUI without proving that you are incapable of safely driving or operating a vehicle.  Rather, the government must simply prove that you drove or were in actual physical control of a vehicle while possessing a certain blood alcohol content (“BAC”).  Under PA law, there are three (3) tiered levels of BAC with which you may be charged:  (1) 0.08 to less than 0.10; (2) 0.10 to less than 0.16; and (3) 0.16 and above.  Again, it is important to stress that your ability to drive safely is not considered at all for this offense.  The only considerations are your BAC and the fact that you were driving or in actual physical control of a vehicle.

So, to convict you of DUI, the government may do one of two things:  (1) prove that you are incapable of safely driving a vehicle due to alcohol consumption; or (2) prove that you drove or were in actual physical control of a motor vehicle while simultaneously possessing a certain prohibited BAC.  The sentence that may be imposed for BAC-based DUIs, however, provide for greater penalties than does DUI which is based upon your inability to drive safely.

Ask yourself if this make sense.  To a lot of people, it does not.  This is because a person who has a certain BAC may be fully capable of driving safely.  This person is not as much harm to the public when compared with the individual who has consumed alcohol and is incapable of safely driving a vehicle.  And, after all, public safety is the reason that we punish DUI offenders, right?

Incident Occurs

Police Notified or Police Observe

Police Investigate
Investigation may include interviewing the victim, witnesses and/or suspects; collecting physical evidence; visiting, viewing, photographing and/or measuring the crime scene; identifying suspects through photo arrays or line-ups, etc.

Police File Complaint
After an alleged crime is investigated, the police initiate the criminal process by filing a complaint with the district justice or by making a warrantless arrest followed by the filing of a complaint. The complaint identifies the defendant, lists the crimes charged and contains a brief factual summary upon which the charges are based.

Private Complaint Filed
If the police decline to file a complaint, a private person is permitted to file a private complaint. However, the District Attorney’s office must first approve the private complaint before it can proceed. Once the complaint is approved, the process is the same as if the complaint had been filed by a police officer.

Summons Or Arrest Warrant Issued
Once the complaint is filed, the presence of the defendant is secured voluntarily, by summons, or compelled, by arrest. The district justice will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. Less serious cases proceed with the issuance of a summons which provides notice of the defendant’s scheduled preliminary hearing.

Preliminary Arraignment
If a warrant of arrest is issued, or if the process was initiated by a warrantless arrest, the defendant must appear before the district justice for a preliminary arraignment. At this proceeding the defendant is provided with a copy of the complaint and advised of his rights; also at this time a preliminary hearing is scheduled, not less then three days but not more than ten days from the date of the preliminary arraignment.

Preliminary Hearing
The preliminary hearing is also held before a district justice. At the preliminary hearing the Commonwealth is required to present a prima facie case or, in other words, evidence that a crime has been committed and that the defendant is probably the perpetrator of that crime. If a prima facie case is presented, the case will be held for court. If a prima facie case is not presented, the charges should be dismissed.

Information Filed
After holding a case for court, the district justice will send notice to the county clerk of courts who in turn will notify the District Attorney. The District Attorney’s Office will then file a formal charging document, called an information, with the clerk of courts. The information will specify in particular counts the offenses charged against the defendant. At this stage, the District Attorney may exercise discretion and terminate the prosecution by declining to file an information or by adding or deleting charges.

Formal Arraignment
The next proceeding is the formal arraignment, which may or may not occur before a judge of the Court of Common Pleas. In Allegheny County, no judge is present. The defendant is provided with a copy of the information and advised of his rights, including his rights to file various pretrial pleadings.  All pretrial motions, including requests for a bill of particulars and discovery, and motions for continuance, severance or joinder, suppression, etc., should be filed within thirty days after the formal arraignment.

Pretrial Conference
The next step is the pretrial conference. Generally, the defendant and his lawyer and an Assistant District Attorney will appear before the assigned judge and the course of disposition of the case will be determined. All other pretrial matters should also be resolved at the pretrial conference. The defendant may elect to plead guilty, or to proceed to a jury or non-jury trial.

Trial Or Plea Disposition
A defendant entering a plea of not guilty may choose to be tried by a jury of twelve citizens or by the judge alone. At trial, the case for the Commonwealth is presented by an Assistant District Attorney who must establish the defendant’s guilt beyond a reasonable doubt. The defendant is under no obligation to present evidence or testimony but may do so if he wishes. If tried by a jury, the jury must return a unanimous verdict; if tried non-jury, the judge must return the verdict. If a defendant is found not guilty, he will be immediately discharged. If found guilty, the defendant may be sentenced immediately or sentencing may be deferred pending a pre-sentence investigation into the defendant’s background. If sentencing is deferred, the defendant is subsequently returned to court and sentenced.

Jury Trial
Here is a general outline of the steps in a jury trial:

1. Residents of Allegheny County are randomly selected from state drivers’ license records, voter registration rolls, and are summoned on a daily basis to the Courthouse as potential jurors;
2. a blind draw selects a pool of people from that group;
3. the Judge, Prosecutor and defense attorney voir dire, or question, the jurors about their backgrounds and beliefs
4. the attorneys are permitted a limited number of “peremptory” challenges to various jurors and an unlimited number of challenges for good cause, the number of peremptory challenges depends on whether the defendant is charged with a misdemeanor, felony or homicide;
5. after twelve jurors are selected, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.;
6. the Prosecutor gives an opening statement to outline his case and evidence to the jury;
7. the Defense may give a similar opening statement, or wait until later in the trial;
8. the Prosecutor calls his witnesses, after which the Defense may cross-examine the witnesses;
9. the Prosecutor rests, or closes the Commonwealth’s case;
10. the Defense may call witnesses, if it wants, and the Prosecutor may cross-examine the Defense witnesses;
11. the Defense rests;
12. the Prosecutor may present “rebuttal” witnesses/evidence to challenge evidence presented by the defendant during his phase of the trial;
13. the Prosecutor rests;
14. the Prosecutor presents a closing argument to the jury;
15. the Defense attorney presents a closing argument to the jury;
16. the judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.;
17. the jury deliberates and returns a verdict.

Non-Jury Trial
Here is a general outline of the steps in a non-jury trial:

1. the Prosecutor calls his witnesses, after which the Defense may cross-examine the witnesses;
2. the Prosecutor rests, or closes the Commonwealth’s case;
3. the Defense may call witnesses, if it wants, and the Prosecutor may cross-examine the Defense witnesses;
4. the Defense rests;
5. the Prosecutor may present “rebuttal” witnesses/evidence to challenge evidence presented by the defendant during his phase of the trial;
6. the Prosecutor rests;
7. the Prosecutor presents a closing argument to the judge;
8. the Defense attorney presents a closing argument to the judge;
9. the judge returns a verdict.

Guilty Plea
A defendant may choose to waive his right to a trial and enter a plea of guilty, which admits his guilt of the crimes charged. If a defendant elects to plead guilty, a plea date will be scheduled, at which time it will be determined that the defendant is knowingly and voluntarily entering a plea of guilty to the charges against him. Once the judge accepts the plea, the defendant may be sentenced immediately or sentencing may be deferred pending a pre-sentence investigation into the defendant’s background. If sentencing is deferred, the defendant is subsequently returned to court and sentenced.

Presentence Investigation And Report
The court’s probation department prepares a report for the judge summarizing the crime, and the defendant’s personal and criminal backgrounds. Generally, the victim is contacted for a statement.

Sentencing
In Pennsylvania, sentencing varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge’s discretion; however, in Pennsylvania there are a number of mandatory minimum sentences that must be imposed if a defendant is convicted of a specified crime. At the time of sentencing, the judge will consider the information in the pre-sentence report before determining the sentence. The parties may correct factual errors in the pre-sentence report and offer additional evidence relevant to the judge’s sentencing decision. The judge will also consult the “sentencing guidelines” (established by the Pennsylvania Commission on Sentencing as a reference for framing an appropriate sentence throughout the state, considering factors of the crime and the defendant’s criminal background) to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.

Appeal
Once sentenced, the defendant has a choice of seeking review in the trial court or through an appeal to an intermediate appellate court, called the Superior Court of Pennsylvania. If review is first sought in the trial court and denied, the defendant may then appeal to the Superior Court. If the defendant’s appeal to the Superior Court is unsuccessful, the defendant has a discretionary appeal to the Supreme Court of Pennsylvania. The District Attorney’s Office will answer the defendant’s appeal by filing the appropriate responsive pleading.

There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave.

• Interlocutory appeal: occurs when a party tries to appeal a judge’s decision before the case has come to trial or before a trial is finished.
• Appeal of right: occurs after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge. Most appeals of right now focus on the sentence imposed.
• Discretionary Appeal(or appeal by leave of the court): occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can “grant leave”. Except for capital (death penalty) appeals, all appeals to the Supreme Court of Pennsylvania are by leave of court (called allocatur).

The defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments (supported by constitutional, statutory or prior case decision authority). After the briefs are filed the case is scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion (or several opinions, if the justices disagree). Not all appellate opinions are “published” (i.e., printed in official “reporter” services, such as the Pennsylvania Reporter). The legal analysis and conclusions in published opinions are given greater precedential authority than “unpublished” opinions.

Post-Conviction Relief
Defendants also have a limited right to a collateral review of their conviction through the Post Conviction Relief Act (PCRA). This action commences in the court of common pleas and review can thereafter be sought in the state appellate courts. Defendants may also seek federal review of their state convictions by filing a writ of habeas corpus in the appropriate federal district court.

Contact Tibbott & Richardson now to set up a free consultation to discuss what to expect in your case.  Call us at (888) 733-8752 or email us at info@TibbottRichardson.com.

(in other words: Stupid Human Tricks)

I know…history. Bor-ing! But keep reading and I promise that you will find the history behind the Standardized Field Sobriety Tests to be interesting. And, I guarantee that you will learn something too. For example, you may be surprised to know that certain tests like touching your finger to your nose or reciting the alphabet backwards are NOT standardized tests for DUI and should not be used exclusively to determine if you are impaired due to alcohol.

So, in order to understand what tests police officers are to be using to determine if you are impaired due to alcohol consumption, we must look back in time to 1975. At this time, there was a wide variation in the types of roadside tests used by police officers to determine whether a driver was under the influence of alcohol. This was because police officers were not provided with proper, uniform training and, instead, used their own subjectivity to determine whether an individual was intoxicated. Due to this lack of uniformity, the National Highway Traffic Safety Administration (“NHTSA”) contracted with the Southern California Research Institute (“SCRI”) to conduct research in order to determine which of the roadside tests were most accurate, so that a standardized procedure for police officers to use nationwide could be developed and implemented.

To do so, SCRI researchers travelled to law enforcement agencies across the country to investigate and determine the most frequently used roadside tests. Their results yielded six tests that, at that time, were used most often by police officers nationwide to determine whether a subject was DUI (the one leg stand, finger to nose, finger count, walk and turn, tracing with a pencil and paper and horizontal gaze nystagmus or HGN). Through additional research, SCRI further concluded that only three of these tests – HGN, the walk and turn and the one leg stand, were a reliable indicator of impairment – but only if they were administered in a standardized manner. In Pennsylvania, even the HGN (following a light or object with your eyes) is inadmissible…..but it is still used very often. If you have been charged with a DUI, take a look at your Affidavit of Probable Cause. Chances are you will find it there as one of the indicators of inebriation.

Subsequently, the procedures to be used by a police officer became standardized by NHTSA. This included standardization of the instructions to be provided to the subject, as well as the clues and criteria to be used by the police officer when assessing the subject’s performance on the tests. In other words, police officers across the nation were to be trained in the same manner so that uniformity in the administration and interpretation of field sobriety tests could finally be achieved nationwide.

Although it seems as though NHTSA has achieved monumental progress in a relatively short period of time, this does not go without a caveat. As indicated, the researchers at SCRI themselves cautioned that if any part of the test, including the administrative instructions or the clues and interpretation of the subject’s performance, are not performed in the standardized manner, the validity of these three field sobriety tests are compromised, i.e. they no longer are an accurate indicator of impairment due to alcohol. As I have myself seen many, many times, this is often the case, as police officers implement their own versions of the tests despite having received the aforementioned NHTSA training. When this occurs, the SFSTs are an improper measure of impairment due to alcohol and should not be used as evidence of impairment.

These tests are difficult to do when you’re sober. There are also many other factors (medications, physical problems, location of tests, etc) that contribute to your ability to perform these tests. Call us at 888-SEE-TRLAW (888-733-8752) before your preliminary hearing so we can make the most of any mistakes or inconsistencies regarding the SFSTs that may have occurred in your case.

If you have been charged with a criminal offense, you will eventually receive a notification in the mail advising you of the time and place of your preliminary hearing.  The problem, though, is that you may not understand the purpose of a preliminary hearing or what occurs there.  Most important, you may not be aware that, with the help of competent attorneys like us here at Tibbott Richardson, a preliminary hearing is the first place in which you can vigorously challenge your case – and possibly even obtain a dismissal of the charges.

First, you are probably wondering where preliminary hearings are held.  This may be at one of several locations.  Some are held at the local Magisterial District Justice Office or, alternately, may be held at the local county courthouse (often called “Central Court”) or even at a local prison.

It depends on the county in which you were charged.

Second, you are likely trying to figure out what the purpose of a preliminary hearing is and are asking yourself “what happens at these things?”  The purpose of a preliminary hearing is for the government to establish what is known as a prima facie case against you.  Relatively speaking, this is a low burden of evidence.  It requires only that the government prove that a crime has occurred and it is more likely than not that you were the individual that committed the crime.  Despite this low burden, charges can be dismissed at this level.

To establish a prima facie case against you, the government will proffer the arresting police officer as a witness and attempt to use his testimony to establish the case against you.  This will be done in one of two ways.  The first way is that the District Attorney will call the police officer and question him on direct examination.  Alternately, because the presence of a District Attorney is not required at a preliminary hearing, the police officer may call himself as a witness and testify, without the presence of the District Attorney.

In cases like DUI, the District Attorney (or the arresting officer if no District Attorney is present at the preliminary hearing) will attempt to introduce evidence such as a Blood Alcohol Concentration (BAC) test against you and the arresting officer will testify as to your driving, performance on the Standardized Field Sobriety Tests (if applicable) and any other relevant information.  After the government proffers their witnesses, your attorney may then cross-examine them.

At this point, you may question whether you even need an attorney at the preliminary hearing level.  After all, the burden is rather low.  Despite this low burden, it is very important and highly recommended that you do obtain counsel for your preliminary hearing.  As criminal defense attorneys, it is our job to vigorously challenge the evidence against you, beginning with the preliminary hearing.  Even in cases in which you feel as though there is no chance that your DUI charges can be challenged, this is not always the case.  An arresting officer’s report is not in any way determinative of whether your charges will be bound over in the Court of Common Pleas.  For example, in order that the District Attorney or the arresting officer is permitted to introduce the BAC results at the preliminary hearing, certain procedures must be followed.  If such procedures are not followed, it is my responsibility as a criminal defense attorney to object to this evidence to prevent its improper admission.  Also, if properly handled, testimony at the preliminary hearing can be used to pin down the officers and any other witnesses to their testimony so that they are unable to alter it should your case go to trial.

Additionally, it is my responsibility to eliminate or minimize the evidence against you so that your case is resolved in the best way possible.  This can be done only if you have a highly trained and competent attorney by your side.  I personally have undergone the same training that police officers go through with regard to many facets of DUI.  With this specialized training and knowledge, I am extremely well equipped to cross-examine an arresting officer in your DUI case so that there is no stone left unturned and each piece of evidence against you can be vigorously challenged, beginning with your preliminary hearing.

Scalping in Pennsylvania is legal, as long as the seller doesn’t collect $5 or 25 percent more than face value on the ticket, whichever is higher.

In Pittsburgh, a ticket scalper is required to have a license in order to resell tickets, and then they are required to do so in a specially designated area under Fort Duquesne Bridge between PNC Park and Heinz Field.

The license costs $578.00 per year.  As of June, 2010 there were 4 people with licenses in Pittsburgh.  FOUR!

Also, under the city ordinance, penalties reset after each sports event. For example, if a scalper gets a first warning on a Sunday, the process begins again on Monday.

Scalping is a crime with no victim, as long as the tickets are not counterfeit of course.

Have a great Sunday!