Foreman & Caraciolo, P.C. in the news

Joseph Caraciolo, Esquire of Foreman & Caraciolo, P.C. was featured in a video and article by Erika Shych of CBS 21 News on July 20, 2017.

The focus of the media coverage was related to the recent Pennsylvania Supreme Court holding that SORNA violats Ex Post Facto provisions of the United States and Pennsylvania Constitution when applied retroactively.

Take a look at our blog on the issue for more detail on the opinion in Commonwealth v. Muniz, 47 MAP 2016.

Registered Sex Offenders May Shorten Registration Period According to PA Supreme Court.

SORNA determined to be an unconstitutional violation of ex post facto laws when applied to former Megan’s Law offenders

In a decision issued by the Pennsylvania Supreme Court on July 19, 2017, the Supreme Court held that imposing the enhanced penalties of the Pennsylvania Sex Offender Registration and Notification Act (SORNA) retroactively is a violation of both the United States Constitutional protection against Ex Post Facto laws and the Pennsylvania Constitution Ex Post Facto Laws. (more…)

What Happens After I Have Been Charged With A Crime

Stages of a criminal case

What happens after I have been arrested?

Depending on the circumstances of the case, as well as the severity of the crime, you will either be taken into custody or advised of your charges and released.  If you are taken into custody, you will go through booking and get fingerprinted. You will also be taken before a magisterial judge who will arraign you and set bail.

If you are released, you will receive notice of the charges in the mail, an order requiring you to be fingerprinted, and notice of your first court date called your Preliminary Hearing.

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May I Still Drive My Car After a DUI

In May of 2016, the legislature modified the Vehicle Code to allow a person to obtain an interlock license  for almost any Driving After Imbibing offense.  The changes are due to begin fifteen months from the legislation which is quickly approaching effective August 25, 2017.  These changes allow any person to obtain an Interlock Driver’s License which will allow operation of a motor vehicle equipped with an interlock device.

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Backpage Adult Section, Known by Police as Advertisement of Prostitution, Shut Down

Recently, the website backpage.com has discontinued certain adult oriented sections due to unconstitutional censorship as describe on their webpage. The subpages that are no longer offered or supported by backpage include the “escorts,” “body rubs,” “strippers & strip clubs,” “dom & fetish,” “ts,” “male escorts,” “phone & websites,” and “adult jobs” sections under the adult heading. Although many legitimate people may have advertised in these sections, some of the now closed pages included advertising for services that arguably could be characterized as prostitution. In fact, local police would regularly conduct organized operations using the backpage website making numerous prostitution arrests during the time the site was available. (more…)

Attorney Caraciolo to speak at Cannabis Career Institute Seminar in Harrisburg, Pennsylvania

Foreman & Caraciolo, P.C., is thrilled to announce that Attorney Joseph D. Caraciolo will be speaking at the Cannabis Career Institute Seminar on the fundamentals of state law and federal law, answering questions regarding case law, marijuana law, zoning requirements, current developments in relevant cases, upcoming cases with political implications and will help to interpret rulings and recent decisions made by state and federal courts. The Seminar will be held on August 7, 2016 from 10:00 a.m. until 6:00 p.m. at the Best Western Premiere Central Hotel and Conference Center in Harrisburg, PA.

For more information and to purchase tickets to this event, visit this link.

https://cannabiscareerinstitute.com/events/harrisburg-pa-auguswt-7th-harrisburg-pa-june/

 

The Right to Divorce for Same-Sex Couples

The recent U.S. Supreme Court Ruling in Obergefell v. Hodges declared unconstitutional any state law which prohibited same-sex marriage.   This ruling not only protects a same-sex couple’s right to marry, but also their right to divorce.  Divorce laws are governed by state and vary from state to state.  Prior to this ruling, a same-sex couple who was legally married in one state, but lived in a state that did not recognize their marriage, could not avail themselves to the protections of divorce, custody or support laws of that state.  This meant gay couples, especially those with children, looking to divorce were left with difficult decisions.  Couples either had to have the foresight to carefully draft domestic-partnership agreements, or litigate property issues under property or landlord tenant laws which do not afford the same protections as divorce laws.  Since this Supreme Court ruling, all married couples are now protected by divorce laws in each state. (more…)

Do Grandparents have Standing to Pursue Custody of a Grandchild?

Does Grandmother who has been involved in her Grandchild’s life since birth, who has been a babysitter and substantially aided in raising the child, including periods when the Mother and Child lived with her, but has not had custody of the child have standing to bring a claim for primary physical custody?  (more…)

Pennsylvania State Police Lack Standing to Pursue SORNA Appeal

The Pennsylvania State Police filed seventy-three (73) appeals to the Superior Court after the Commonwealth and defendants in those cases entered into negotiated plea agreements which would alter registration requirements the defendants would otherwise be required to follow under the Sex Offender Registration and Notification Act (SORNA).   (more…)

Can you Legally Spank your Children in Pennsylvania?

Our Commonwealth has long recognized the parental right to use corporal punishment.  This parental right is specifically protected by statute and specifies that the use of force on a minor is justified if that person is either the parent or guardian, or acting at the request of the parent or guardian, and the force used is used for the purpose of safeguarding or promoting the welfare of the minor, including the preventing or punishment of his misconduct.  (more…)