Can Silence be Used Against You in a Criminal Trial? Sometimes

On June 17, 2013, the United States Supreme Court handed down its opinion in the case of Salinas v. Texas.  In this case, the Defendant, without being placed in custody or receiving any Miranda warnings, voluntarily answered some questions of a police officer questioning him about a murder.  The Defendant was silent, however, when he was asked whether ballistics testing would match his shotgun to the shell casings found at the site of the crime.  At his murder trial in a Texas court and over the objection of his attorney, the prosecution used the Defendant’s failure to answer the question as evidence of guilt. (more…)

Posted in Criminal Law |

Pennsylvania considers broadening DNA collection in response to Supreme Court decision

Recently, The United States Supreme Court decided the case of MARYLAND, PETITIONER v. ALONZO JAY KING, JR., No. 12–207 (June 3, 2013).  The opinion, delivered by Justice Kennedy, opined that “a gentle rub along the inside of the cheek” constitutes a reasonable search much like fingerprinting and photographing.  The matter arose out of Maryland where the lower court had originally determined that the DNA swab was an unlawful seizure resulting from an unreasonable search of the Defendant’s person and had suppressed the evidence therefore setting aside the conviction. (more…)

Posted in Criminal Law |

Seizure of DNA held Constitutional By U.S. Supreme Court

Earlier this week, the United States Supreme Court ruled that it does not violate the Fourth Amendment for police to take a swab of the inside of someone’s cheek for DNA as part of their standard booking procedure.  In Maryland v. King, a defendant was arrested on an assault charge.  As authorized by Maryland statute, the police gathered a DNA sample from the defendant and uploaded it to a national database.  It matched a previously unsolved rape, and the defendant was ultimately convicted of the rape. The defendant then challenged the legality of the warrantless search and seizure of his DNA. (more…)

Posted in Criminal Law |

NHTSA recommends reducing blood alcohol content for driving under the influence charges from .08 to .05 but is safety the consideration?

In Pennsylvania, it is not a crime to drink and drive.  Criminal conduct occurs when one drinks to the point of impairment which the legislature has determined to be a blood alcohol content of .08 or higher.  However, NHTSA is now recommending that this amount be reduced to .05, a level which, according to a recent Huffington post article, and NHTSA’s own literature, is “about one drink for a woman weighing less than 120 pounds, two for a 160-pound man”  According to the article, “NTSB officials said it wasn’t their intention to prevent drivers from having a glass of wine with dinner, but they acknowledged that under a threshold as low as .05 the safest thing for people who have only one or two drinks is not to drive at all.”  However, in August of 2000, NHTSA published the Driver Characteristics and Impairment at Various BACs which concluded that impairment begins at a blood alcohol rate of .02%.  (more…)

Posted in Criminal Law, DUI |

Financial Loss in the Sale of Personal Resident cannot be Deducted from the Income for Purposes of Calculating Child Support

Since the financial collapse of 2008, many people have suffered the financial indignity of selling a residence for less than they paid for it.  Such was the case of K.J.P. v. R.A.P. recently decided by the Pennsylvania Superior Court on May 22, 2013.  The Appellant in the case, a father order to pay child support for children, attempted to deduct a $115,000.00 loss on the sale of a property in New Jersey from income. (more…)

Posted in Family Law |

How to Treat Gifts from Grandparents of the Children to Their Child in Calculating Child Support

In the recent case of Suzanne D. v. Stephen W. the Pennsylvania Superior Court, 2013 Pa. Super 93, filed April 22, 2013, discussed a case where a grandfather supplied his son with reimbursements for the grandchildren’s medical expenses and school activities and how such reimbursements impacts support. (more…)

Posted in Family Law |

Child Support in Pennsylvania

In Pennsylvania, both parents are responsible for the financial support of their child, and the amount of child support is determined by a serious of complex guidelines and rules. The best way to address your child support payment obligations is to talk with an experienced Pennsylvania child support attorney who can look beyond just the number calculations to get you the best possible result. (more…)

Posted in Family Law |

Supreme Court of United States decision in Missouri v. Tyler G. McNeely

On April 17, 2013, The Supreme Court of the United States decided the matter of Missouri v. Tyler G. McNeely, (no. 11-1425) holding that a blood test without a warrant is unconstitutional and the human body’s metabolization of alcohol does not, without more, present exigent circumstances which would allow for a n exception to the Fourth Amendment Guarantee against unreasonable searches and seizures. Justice Sotomayor further stated that a case by case analysis is necessary to determine exigency.

The importance of this decision on Pennsylvania Driving After Imbibing (DUI) matters is minimal. Pennsylvania has adopted an “implied consent” for blood alcohol testing when the police believe that a driver is likely intoxicated. According to section 1547 of (more…)

Posted in Criminal Law, DUI |

Enforcement of Marital Settlement Agreement

The Pennsylvania Superior Court recently decided a case challenging a Post-Nuptial Marital Settlement Agreement (MSA), demonstrating the wisdom of involving competent counsel in preparing and executing agreements, either before or after marriage, in resolving equitable distribution, support or other economic issues. (more…)

Posted in Divorce, Family Law |

PA Juvenile Offenders May Receive Sentence of Life Without Parole

The Pennsylvania Supreme Court in a recent decision (Commonwealth v. Batts) failed to extend additional Constitutional protections to juvenile offenders, beyond what is already required by the U.S. Supreme Court.  In Miller v. Alabama, the U.S. Supreme Court found that mandatory life sentences without parole for juveniles is unconstitutional under the Eighth Amendment of the United States Constitution. (more…)

Posted in Criminal Law |