Felony DUI in Pennsylvania

December 19, 2011 by

In Pennsylvania, most DUI charges, even if you are a multiple offender, are treated as misdemeanors. Even if you are arrested for a third DUI offense with the highest blood alcohol content penalties, you will only be charged with a first degree misdemeanor, with a possible prison sentence of one to five years, the suspension of your license for up to 18 months and a potential fine of $10,000. To be charged with a felony DUI in Pennsylvania, you must be charged with drinking and driving, and it must be shown that, while driving intoxicated, you caused bodily injury (including death) to another person.

Though felony DUI cases are rare, they are high profile cases that prosecutors love to exploit. If you have been charged with felony driving under the influence, you need to take appropriate steps to protect your interests.

• Hire an experienced lawyer — Just because you failed a breathalyzer or blood alcohol content (BAC) test does not mean that you have no defenses, and should plead guilty and throw yourself on the mercy of the court. Police and prosecutors make mistakes all the time. In their haste to accumulate arrests and convictions, they may violate your most basic rights. Police may pull you over without establishing probable cause. They may take you into custody without properly advising you of your Miranda rights. They may use illegal or incorrect field sobriety tests, or may take steps that compromise the integrity or validity of breathalyzer or blood alcohol tests.

• Say as little as possible — You have a constitutional right to remain silent. Exercise it. The police may use a variety of tactics to get you to talk, telling you that they are simply trying to help, or threatening you with greater sanctions if you don’t cooperate. Don’t talk to police until you have your lawyer present.

• Don’t help the police do their job — Don’t mistakenly believe that you can clear everything up, if the police will just listen to you. In almost every situation, you will end up making things worse. Your lawyer is trained to protect your rights, and won’t inadvertently make statements that tend to incriminate you.

At Laguna Reyes Maloney, LLP, all prospective clients are entitled to a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: Criminal Defense, DUI Tagged With: , , , , , , , , , ,

When You Have Been Stopped for or Charged with DUI for the First Time

December 5, 2011 by

It can happen to just about anyone. You go out to dinner or stop at a friend’s house. You have a couple of beers or a glass or two of wine. On the way home, you get stopped by police, who ask if you have had anything to drink. When you answer honestly, they ask you to submit to field sobriety tests, or may immediately request that you take a breathalyzer or blood alcohol. If you haven’t been charged yet, what can you do? If you agree to take the test and your blood alcohol exceeds the legal limit, what are your options?

If you haven’t been arrested yet, but have just been pulled over, the first question you should ask is why the police officer made the traffic stop. Law enforcement officers must have probable cause to pull you over. You must have committed a traffic violation or the officer must have reasonable belief that you have violated the law. You don’t need to get into a debate with the officer over whether or not there was good cause to pull you over, but your attorney will want this information.

If the police officer requests a field sobriety or blood alcohol test, can you legally refuse? The answer is yes. Pennsylvania has an implied consent law, which states that anyone who operates a motor vehicle on the roadways in the state impliedly consents to chemical testing to determine blood alcohol content. Even so, you still have the right to refuse to take the test. However, the consequences of refusal can be significant. You will lose your driving privileges for a minimum of one year, and your charge will be placed in a higher tier for purposes of sentencing, which means your punishment will likely be more severe.

If you take a breathalyzer or blood alcohol test and fail, you still have rights. Don’t think that you should just plead guilty and throw yourself on the mercy of the court. Your lawyer can still examine the facts and circumstances of your arrest, to determine whether your constitutional rights were violated. If the police lacked probable cause to stop you, or failed to advise you of your rights when taking you into custody, some or all evidence obtained may be inadmissible in court. Furthermore, field sobriety and BAC tests may have been improperly conducted, or the test results may have been compromised.

At Laguna Reyes Maloney, LLP, we prove a free initial consultation to every client. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: Criminal Defense, DUI Tagged With: , , , , , , , , , , , , , , , , , , , ,

What to Do When You Have Been Charged with a Drug Crime

November 21, 2011 by

If you are under investigation for a drug offense, or have been arrested for or charged with a state or federal drug crime, you may be uncertain what you should do to protect your rights and your future. Police and prosecutors can be very aggressive in drug prosecutions. You can feel like the rules are all in favor of the state, and that the language they use is intentionally designed to confuse and intimidate you.

In Pennsylvania, you can be charged with a wide range of criminal acts involving controlled substances, including simple possession, possession with intent to sell, sale or trafficking, manufacturing or cultivation, and drug conspiracy. If you are charged under a federal law, you may risk the forfeiture of your property, if prosecutors can convince the court that you obtained the property with profits from the sale of drugs.

Here are the most important steps to follow when involved in a drug investigation or prosecution:

• Hire an attorney as soon as possible—You may view the arrest as a mistake and believe that, if you just carefully explain the facts, everything will be cleared up and you can walk away. This rarely (if ever) happens. Even though you are innocent until proven guilty, police and prosecutors will be looking for anything they can to use against you. They know the law a whole lot better than you, and can easily turn what seems completely innocent into damaging evidence. An attorney will know what to do and what to say (or what not to say).
• Exercise your right to remain silent—The U.S. Constitution guarantees you the right to remain silent. You don’t have to talk to police or prosecutors if you don’t want to. Don’t try to talk your way out of trouble. In most instances, you will only make things worse.
• Don’t help the police do their job—To conduct a search or seizure, police must have probable cause, or must have a valid warrant. If the police come to your home, you do not have to let them in, unless they have a warrant. If they don’t have one, politely decline their request to come in.

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. For an appointment, contact us by e-mail or call us at 717-233-5292. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: Criminal Defense, Drug Crimes, Drug Possession, Drug Trafficking Tagged With: , , , , , , , , , , , ,

White Collar Crime in Pennsylvania

November 4, 2011 by

The term “white collar crime” was first coined by Edwin Hardin Sutherland in 1939 to describe illegal acts committed by individuals within the scope of their employment. Professor Sutherland also considered white collar crimes to be committed only by persons “of high social status and respectability.” Today, the term is used to refer to a wide range of wrongful acts, most of which are related to the alleged perpetrator’s access to money or property due to their occupation. Certain types of corporate offenses, including violation of environmental laws, are often categorized as white collar crimes.

White collar crimes can be state or federal offenses. For example, violations of federal statutes, such as price fixing or creating monopolies as prohibited by the Sherman Act or the Clayton Act, can result in prosecution for a white collar crime. The bulk of white collar crimes fall under the category of fraud, including:

• Bank fraud
• Credit card fraud
• Computer or Internet fraud
• Wire fraud
• Insurance fraud
• Healthcare fraud
• Bankruptcy fraud
• Securities fraud

To convict you of fraud, a prosecutor must show that you intentionally made a misrepresentation of material fact. In other words, it must be shown that you knew or had reason to know that the statements you made were false. It must also be shown that the misrepresentation was with respect to an essential element of a transaction. Furthermore, fraud requires that the person injured reasonably relied on what you told them. If a reasonable person would not have believed it, there cannot be fraud. Finally, the injured party must show that they actually lost something.

Other types of conduct that fall under white collar crime include embezzlement, forgery, bribery, extortion and money laundering.
If you are under investigation for or have been charged with a white collar crime, the two most important things you should do are:

• Hire an attorney
• Exercise your right to remain silent

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. For an appointment, contact us by e-mail or call us at 717-233-5292. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

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Hit and Run – Charged with Leaving the Scene of an Accident?

September 27, 2011 by

Harrisburg Vehicular Manslaughter Attorneys

Under §3742 of Chapter 37 of Pennsylvania state law, if you’re involved in a collision you’re required to stop and stay at the scene of the accident. If it is an injury accident, you’re also required to render aid to the best of your ability. You are also required to exchange information. Failure to do so is a misdemeanor and a felony if bodily injury or death is involved.

In certain situations, however, a driver may hit a pedestrian, bicyclist, or even another car and not realize what has happened. For example, if a larger vehicle like a SUV or pick-up truck hits a bicyclist or someone changing a tire, they may not even be aware someone has been hit. As a result, they may find themselves facing serious criminal charges on hit and run or worse if injuries or fatalities are involved.

Alcohol and Charges of Hit and Run

A large number of hit and run accidents – especially at night – involve drivers who have been drinking. Typically, a driver who has been drinking (but may not be drunk) flees the scene of an accident hoping to sober up before being reported by others who witnessed the crash. This is different from a case where a driver is drunk and doesn’t realize he or she has hit or injured someone. Here, the difference is important since what is at stake is the intent of the driver – did he or she knowingly and intentionally leave the scene of an accident?

In these kinds of cases, the prosecution may take a closer look at what you were doing prior to your hit and run accident. They may look at credit card activity to see if you were drinking; they may interview people who were with you shortly before you left in your car; they may even ask you to provide a sample of blood if they find you fairly quickly after your hit and run accident was reported. What you say to investigators and how you handle their requests for information can determine the strength of the case against you later.

Criminal and Civil Penalties – Additional Considerations

A good criminal defense attorney can often convince the court to reduce the charges or sentence against you depending on your driving and criminal record. There may also be important extenuating circumstances your defense lawyer can bring to the attention of the court during trial or the sentence phase if you are found guilty. For example, if you take medication that makes you drowsy, work a late shift, or suffer from certain psychological conditions, the court may be moved to reduce the sentence against you.

However, regardless of how the criminal charges against you are resolved, the person you hit (or injured) may decide to pursue monetary damages against you in civil court. As such, it’s important to begin building your defense for both possibilities.

Contact Harrisburg Hit and Run Defense Attorneys

A conviction for hit and run is a serious matter leading to the loss of your driver’s license, heavy fines, even jail. If you’ve been involved in or arrested for a hit and run accident, contact Harrisburg hit and run defense attorneys at Laguna Reyes Maloney, LLC today.

Filed Under: Criminal Defense, Hit and Run Tagged With: , , , , , , , , , , , , , , , ,

Field Sobriety Tests and DUI Arrests

September 27, 2011 by

Harrisburg DUI Defense Attorneys

Most people that have been arrested on a charge of drunk driving don’t stop to think about their field sobriety test and whether it should be challenged. Too often people arrested for DUI assume that a failed field sobriety test constitutes additional proof against them that they were driving drunk. What most people arrested for DUI don’t realize is a field sobriety test must be given according to a certain protocol. Some police departments require officers to be trained in how to properly conduct a field sobriety test; others, however, do not. Since field sobriety tests are used to establish probable cause to administer a breath test or make a DUI arrest, if conducted improperly the court may be compelled to dismiss the DUI charge against you.

Conducting a Field Sobriety Test – Issues to Consider

Most police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when training officers in how to conduct field sobriety tests. The manual is technical and thorough in places, specifying the conditions under which a field sobriety test must be given as well as what an officer is supposed to do if a suspect stops momentarily, shifts his or her weight, or raises his or her arms above a certain height. Field sobriety tests are supposed to be given on even, dry pavement. As such, whether or not your test was given on a slight incline, if it was raining or snowing at the time, or if there was broken pavement in the area may determine whether or not your field sobriety test can be used against you.

How Reliable are Field Sobriety Tests?

A common criticism of the field sobriety test is that it’s simply not reliable enough. First, the officer who administers it acts as your judge and jury: he’s the one that conducts the test AND the one who judges whether or not you passed it. As such, you’re at the mercy of the knowledge and skill of the officer who conducts the test.

Secondly, in a study conducted by S. Cole & R.H. Nowaczyk, officers were asked to watch a film of 21 people with a blood alcohol content (BAC) of 0.00 perform the field sobriety test. Of the officers selected to participate in the study, 46% thought the people on film had had too much to drink. This raises serious questions about the reliability of the field sobriety test and the ability of officers to make a good determination of whether or not someone has failed it.

Arrested on a DUI Charge? Contact Laguna Reyes Maloney, LLC

If you’ve been arrested for DUI, contact Harrisburg DUI defense attorneys at Laguna Reyes Maloney, LLC today. We can evaluate your DUI case and determine if there is good reason to believe your field sobriety test was administered improperly.

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Drug Trafficking and Drug Possession Charges in Pennsylvania

August 25, 2011 by

Harrisburg, Pennsylvania Drug Possession Attorney

Drug charges in Pennsylvania range from manufacturing, possession, delivering, to possession with the intent to deliver a controlled substance. In the vast majority of cases, classification of illegal drugs in Pennsylvania follows federal classifications according to five different schedules of substances. In general, these classifications are as follows:

• Schedule I: Controlled substances that pose a high risk for abuse and have very little, if any, accepted medical use. Examples of Schedule I drugs are heroin, morphine, marijuana, cocaine, and LSD.

• Schedule II: Drugs that have a legitimate medical purpose but are highly addictive and prone to abuse. Examples of Schedule II drugs are opium extracts, cocaine, methadone, PCP, and methamphetamine.

• Schedule III: Drugs that have an established and accepted medical use pose a moderate risk of addiction, but are not prone to abuse to the same degree as Schedule II drugs. Examples of Schedule III drugs include codeine, anabolic steroids, benzphetamine, and pentobarbital.

• Schedule IV: Drugs used for medical purposes but which are not considered addictive or subject to as much abuse as Schedule III drugs. Examples of Schedule III drugs include prescription medications such as Ativan, Valium, or Xanax.

• Schedule V: Over-the-counter drugs are typically classified as Schedule V drugs. They pose little risk for dependency or abuse.

Drug Schedules, Trafficking, and Penalties in Pennsylvania

Since Pennsylvania follows the federal Controlled Substances Act (CSA) in how drugs are classified, penalties for serious drug offenses often adheres to federal sentencing guidelines. As a result, penalties for Possession with the intent to Deliver or Manufacture a Controlled Substance are as follows:

• Schedule I or II drugs: A fine of up to $250,000 and up to 15 years in prison

• Schedule I, II, or III drugs: A fine of up to $15,000 and up to 5 years in prison

• Schedule IV drug: A fine of up to $10,000 and up to 3 years in prison

• Schedule V drug: A fine of up to $1,000 and up to 1 year in prison

In cases where illegal drugs are sold within a school zone or are sold to a minor or person under 21 years of age, penalties may double or triple.

Simple Possession or Possession with the Intent to Deliver?

Due to the “war on drugs” and the CSA, conviction on a Possession with Intent to Deliver charge is a serious felony. Depending on the amount and kind of drugs found on you, the prosecutor may charge you with a more serious drug crime when a simple possession charge is more appropriate. Here, a number of legal issues must be considered – did the police have reasonable suspicion to pull you over; did they have probable cause to search you; is there a good reason to question whether the drugs belong to you; is there any reliable proof to establish the claim that you intended to sell the drugs in question?

Contact Harrisburg Drug Crimes Defense Attorneys

If you’ve been arrested on a drug charge, contact Harrisburg drug crimes defense attorneys at Laguna Reyes Maloney, LLP. We can evaluate your case and discuss the options available to you during a confidential consultation protected by the attorney-client privilege – even if you don’t decide to hire us to represent you. Call today and learn how we can help you –

Filed Under: Drug Crimes, Drug Possession Tagged With: , , , , , , , , , , , , , , , , , , ,

Drug Possession Penalties in Pennsylvania

August 25, 2011 by Leave a Comment

Harrisburg, PA Drug Crimes Attorney

Pennsylvania has a two – tiered sentencing system in drug crime cases. In general, there is a minimum and maximum penalty associated with different kinds of drug crimes where the maximum penalty is at least twice as great as the minimum sentence. Sentencing in drug crime cases also depends on a number of relevant factors – your criminal record, the kind and amount of drugs involved, whether weapons and violence were used, and whether or not you’re on probation. While not all drug crimes have mandatory minimum sentences, failure to understand sentencing guidelines can result in a longer anticipated prison sentence in plea bargain arrangements.

Drug Possession Prison Sentences in Pennsylvania

While each case is different, if convicted for a first time drug crime in Pennsylvania, you face the following kinds of penalties:

Marijuana:

• 2 pounds to less than 10 pounds – 1 year in prison
• 10 pounds to less than 50 pounds – 3 years in prison
• 50 pounds or more – 5 years in prison

Cocaine:

• 2 grams to less than 10 grams – 1 year in prison
• 10 grams to less than 100 grams – 3 years in prison
• 100 grams or more – 4 years in prison

Heroin:

• 1 gram to less than 5 grams – 2 years in prison
• 5 grams to less than 50 grams – 3 years in prison
• 50 grams or more – 5 years in prison

Schedule I or II Narcotics:

• 2 grams to less than 10 grams – 2 years in prison
• 10 grams to less than 100 grams – 3 years in prison
• 100 grams or more – 5 years in prison

Methamphetamine:

• 5 grams to less than 10 grams – 3 years in prison
• 10 grams to less than 100 grams – 4 years in prison
• 100 grams or more – 5 years in prison

Amphetamine:

• 5 grams or more – 2 ½ years in prison

Methaqualone:

• 50 tablets to less than 200 – 1 year in prison
• 25 grams to less than 100 grams – 1 year in prison
• 200 tablets or more – 2 ½ years in prison
• 100 grams or more – 2 ½ years in prison

In almost every instance involving a second conviction, prison time is increased by 1 to 3 years, depending on the drug. Likewise, if a defendant was in possession of a firearm at the time of his arrest, he could face a five – year mandatory minimum, depending on the specifics of the case.

Marijuana Possession Penalties in Pennsylvania

Most marijuana possession charges are a result of a car stop associated with suspected drunk driving or a traffic offense. Consequently, the amount of marijuana found is often less than a pound. However, 30 grams or less of marijuana can result in a 30-day jail sentence and a $500 fine while more than 30 grams can carry a jail sentence of 1 year and a fine up to $5,000. Likewise, the possession or sale of drug paraphernalia – a bong or marijuana pipe – can result in a 1 year jail sentence and a fine of up to $2,500; in cases involving a minor, penalties double.

Contact Harrisburg Drug Offenses Attorneys at Laguna Reyes Maloney, LLP

If you’ve been arrested on drug charges – even if it’s a small amount of marijuana – contact Harrisburg drug possession lawyers at Laguna Reyes Maloney, LLP today. If convicted, you could face time in jail, an expensive fine, and a permanent criminal record. Call today to learn how we can help you.

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Firearm Violations in Pennsylvania – Do You Know What the Law Says?

August 25, 2011 by

Harrisburg Gun Crime Attorneys

Contrary to what many might think, it’s not just criminals, felons, parolees, or illegal aliens that are arrested for firearm violations. Pennsylvania’s laws governing what counts as a long gun, handgun, or firearm determines what can be lawfully transported and what constitutes a firearm violation, even if you have a License to Carry Firearms (LTCF).

For example, under 18 PA.C.S. § 6102, any pistol or revolver with a barrel less than 15 inches long or with an overall length of less than 26 inches when measured from the barrel muzzle to the face of the closed action, counts as a firearm. For shotguns and rifles, the barrel length must be less than 18 inches while the overall length must be less than 26 inches when measured from the muzzle to the bolt or cylinder action.

This means any gun with a barrel longer than 18 inches or an overall length in excess of 26 inches is not covered by the definition of a firearm in Pennsylvania.

The Importance of Understanding the Definition of “Firearm”

Consequently, someone may mistakenly think only pistols or revolvers require a LTCF when being transported or when concealed. Unfortunately, this kind of confusion often arises when gun owners have an incomplete knowledge of gun laws or draw the wrong conclusion from widely publicized trials involving concealed carry and open carry cases.

For example, the Pennsylvania Supreme Court upheld the right of lawful gun owners to openly carry firearms without a LTCF in Commonwealth v. Ortiz and Commonwealth v. Hawkins. However, neither ruling allows lawful gun owners to carry a firearm concealed unless they have a permit to do so. Secondly, if a firearm is openly carried, it must be in plain sight and cannot be loaded when transported in a car.

As a result, if a gun owner transports a loaded rifle or shotgun that falls under the definition of “firearm,” he may be surprised to learn he’s in violation of Pennsylvania gun laws. Unfortunately, too many gun owners find this out the hard way when they’re pulled over on their way to the firing range or on a hunting trip.

Criminal Possession of a Firearm

There are a number of situations where possession of a firearm is illegal. Under Chapter 61 of Pennsylvania’s gun laws, possession of a firearm is illegal in the following situations:

• Possession of a firearm while committing a crime
• Possession of a firearm on school property
• Possession of a firearm by a minor
• Possession of a firearm after being convicted of a DUI
• Possession of a firearm by a felon
• Possession of a firearm after a restraining order has been issued against you
• The illegal sale or purchase of a firearm
• Possession of a firearm that has been converted to an automatic weapon

Contact Harrisburg Weapons Violations Attorneys

Pennsylvania’s gun laws can be confusing, leading to unwelcome surprises for gun owners who think they are complying with the law. For example, you may be aware lawful gun owners do not need a LTCF to transport their firearms to the firing range for target practice. However, transporting a firearm is limited to travel to and from the firing range only. As a result, under 18 PA.C.S 6106(11), if you stop to run an errand or have breakfast along the way, you’re in violation of Pennsylvania’s gun laws.

If you’ve been arrested on a weapons or firearms violation, contact Harrisburg criminal defense attorneys at Laguna Reyes Maloney, LLC. We can evaluate your case and discuss the best legal defense options available to you.

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Pennsylvania DUI Offenses

July 15, 2011 by

If you have been arrested for or charged with drunk driving in Pennsylvania, the consequences will differ somewhat based on whether or not you have been convicted of a similar offense in the past. Here is an outline of the sanctions you face if found guilty of DUI in PA:

First Offense

For a first offense, whether you are charged with simple violation of blood alcohol content laws, have a high BAC or the highest BAC, you will be charged with an ungraded misdemeanor. Your sentence can be no more than six months, and can including up to 72 hours of consecutive jail time. The fines can range from $300 to $5,000, with your license suspended anywhere from two months to twelve months.

Pennsylvania has a zero tolerance law of DUI for anyone under the age of 21. If you are convicted of violating the zero tolerance law, you face the possible suspension of your driving privileges for one year, mandatory drug and alcohol evaluation, a fine of up to $500 (along with court costs and restitution), and attendance at a state-approved alcohol highway safety program. If you are younger than 18, you can also face a complaint in juvenile court.

You can get a limited license to travel to and from work after a first DUI offense. You may also be required to complete 150 hours of community service.

Second Offense

For subsequent offenses, minimal and high BAC offenses are still ungraded misdemeanors, but charges involving the highest level of blood alcohol are a 1st degree misdemeanor. Jail sentences can be up to six months. Fines can be as high as $5,000, and not less than $1,500 for highest BAC offenses. You can lose your license for up to 18 months.

Zero tolerance laws are similar, and occupational licenses are subject to strict guidelines.

At Laguna Reyes Maloney, LLP, every client receives a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: DUI

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