The Shame Factor of Getting Arrested

January 20, 2014 by Leave a Comment

No matter the circumstances, getting arrested takes a toll on a person. Often times it feels as if you are alone in the process and that your family and friends are judging you. Many individuals that have been arrested struggle to find the proper support they need to get through the process. The shame factor takes over and one may find oneself retreating into a corner of depression.

If you have been arrested, you are not alone. No matter the circumstances, you are entitled to an attorney. Not only will an attorney represent you in court, he or she will give you the support and confidence you need to get through the process. In times of trouble, it is an asset to have an experienced attorney in the field that will be able to guide you to a more successful outcome.

At Laguna Reyes Maloney, LLP, we are experienced and aggressive criminal defense attorneys who have extensive trial experience. We have fought for the rights of people in and around Harrisburg for more than 15 years. Our lead attorney, Roger Laguna, is a former policeman who knows what to expect from law enforcement officers and prosecutors. We are relentless in our efforts to protect the rights of people charged with serious crimes. Let us protect your constitutional rights. We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.

Filed Under: Criminal Defense

Is There Any Way to Get Off the Registered Sex Offender List?

January 3, 2014 by Leave a Comment

Conviction of a sex offense can land your name on the sex offender registry under Megan’s Law. In some cases, there are ways to avoid this situation. With an experienced attorney on your side, you may be able to have your charges reduced or resolve your case without you having to register. It may even be possible to get your name taken off the registry, though that is extremely rare and not easily accomplished.

There are several reasons why a sexual offender or a Sexually Violent Predator/Sexual Violent Delinquent Child no longer appears on this sex offender registry. They are as follows:

  1. The sexual offender or Sexually Violent Predator/Sexual Violent Delinquent Child is now deceased.
  2. The sexual offender or Sexually Violent Predator/Sexual Violent Delinquent Child no longer resides, works, or attends school in Pennsylvania.
  3. The sexual offender completed his required period of registration and is no longer required to register.
  4. Juvenile offenders do not appear on the public website by law.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Sex Offender Registration

Does the Neighborhood Have to Know I’m a Registered Sex Offender?

December 18, 2013 by Leave a Comment

There are registration requirements for those convicted of a sexual offense. Under Pennsylvania law, individuals who have a residence within Pennsylvania or is a transient, or who are employed in Pennsylvania or who are a student in Pennsylvania that were convicted of one or more of the offenses enumerated as either a Tier I, Tier II, or a Tier III offense, may be subject to Megan’s Law registration. Certain out-of-state offenders are subject to the registration requirements of Megan’s Law. Also, certain juveniles adjudicated of specific crimes may be required to register as well.

An update to Megan’s Law in Pennsylvania that Governor Tom Corbett signed on December 20, 2011, changes the registration requirement from 10 years to life for some crimes. The law now requires offenders to register for 15 years, 25 years or life depending on how their crime is categorized. Below are the Tiers set forth and the registration requirements under Pennsylvania law.

Tier I Sexual Offenses – 15 Year Registration

Offenders convicted of the following offenses shall be classified as a Tier I offender:

  • 18 Pa.C.S. § 2902(b) (relating to Unlawful Restraint).
  • 18 Pa.C.S. § 2903(b) (relating to False Imprisonment).
  • 18 Pa.C.S. § 2904 (relating to Interference with Custody of Children).
  • 18 Pa.C.S. § 2910 (relating to Luring a Child into a Motor Vehicle or Structure).
  • 18 Pa.C.S. § 3124.2(a) (relating to Institutional Sexual Assault).
  • 18 Pa.C.S. § 3126(a)(1) (relating to Indecent Assault).
  • 18 Pa.C.S. § 6301(a)(1)(ii) (relating to Corruption of Minors).
  • 18 Pa.C.S. § 6312(d) (relating to Sexual Abuse of Children).
  • 18 Pa.C.S. § 7507.1. (relating to Invasion of Privacy).
  • 18 U.S.C. § 1801 (relating to Video Voyeurism).
  • 18 U.S.C. § 2252(a)(4) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
  • 18 U.S.C. § 2252A (relating to Certain Activities Relating to Material Constituting or Containing Child Pornography).
  • 18 U.S.C. § 2252B (relating to Misleading Domain Names on the Internet).
  • 18 U.S.C. § 2252C (relating to Misleading Words or Digital Images on the Internet).
  • 18 U.S.C. § 2422(a) (relating to Coercion and Enticement).
  • 18 U.S.C. § 2423(b), and (c) (relating to Transportation of Minors).
  • 18 U.S.C. § 2424 (relating to Filing Factual Statement about Alien individual).
  • 18 U.S.C. § 2425 (relating to Use of Interstate Facilities to Transmit Information about a Minor).
  • A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
  • A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier I classification.
  • A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country

Tier II Sexual Offenses – 25 Year Registration

Offenders convicted of the following offenses shall be classified as a Tier II offender:

  • 18 Pa.C.S. § 3122.1(a)(2) (relating to Statutory Sexual Assault).
  • 18 Pa.C.S. § 3124.2(a.2) and (a.3) (relating to Institutional Sexual Assault).
  • 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) (relating to Indecent Assault).
  • 18 Pa.C.S. § 5902(b.1) (relating to Prostitution and related Offenses).
  • 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to Obscene and other Sexual Materials and Performances).
  • 18 Pa.C.S. § 6312(b) and (c)(relating to the Sexual Abuse of Children)
  • 18 Pa.C.S. § 6318 (relating to Unlawful Contact with Minor).
  • 18 Pa.C.S. § 6320 (relating to Sexual Exploitation of Children).
  • 18 U.S.C. § 1591 (relating to Sex Trafficking of Children by Force, Fraud, or Coercion).
  • 18 U.S.C. § 2243 (relating to Sexual Abuse of a Minor or Ward).
  • 18 U.S.C. § 2244 (relating to Abusive Sexual Contact) where the victim is 13 years of age or older but under 18 years of age.
  • 18 U.S.C. § 2251 (relating to Sexual Exploitation of Children).
  • 18 U.S.C. § 2251A (relating to Selling or Buying of Children).
  • 18 U.S.C. § 2252(a)(1), (2) or (3) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
  • 18 U.S.C. § 2260 (relating to Production of Sexually Explicit Depictions of a Minor for Importation into the United States).
  • 18 U.S.C. § 2421 (relating to Transportation Generally).
  • 18 U.S.C. § 2422(b) (relating to Coercion and Enticement).
  • 18 U.S.C. § 2423(a) (relating to Transportation of Minors).
  • A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
  • A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier II classification.

Tier III Sexual Offenses – Lifetime Registration

Offenders convicted of the following offenses shall be classified as a Tier III offender:

  • 18 Pa.C.S. § 2901(a.1) (relating to Kidnapping).
  • 18 Pa.C.S. § 3121 (relating to Rape).
  • 18 Pa.C.S. § 3122.1(b) (relating to Statutory Sexual Assault).
  • 18 Pa.C.S. § 3123 (relating to Involuntary Deviate Sexual Intercourse).
  • 18 Pa.C.S. § 3124.1 (relating to Sexual Assault).
  • 18 Pa.C.S. § 3124.2(a.1) (relating to Institutional Sexual Assault).
  • 18 Pa.C.S. § 3125 (relating to Aggravated Indecent Assault).
  • 18 Pa.C.S. § 3126(a)(7) (relating to Indecent Assault, where the victim is under 13 years of age.).
  • 18 Pa.C.S. § 4302(b) (relating to Incest).
  • 18 U.S.C. § 2241 (relating to Aggravated Sexual Abuse).
  • 18 U.S.C. § 2242 (relating to Sexual Abuse).
  • 18 U.S.C. § 2244 where the victim is under 13 years of age (relating to Abusive Sexual Contact).
  • A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
  • A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier III classification.
  • Two or more convictions of an offense(s) enumerated under Tier I or Tier II classification.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Sex Offender Registration

Dealing With the Shame of Registering as a Sex Offender

December 4, 2013 by Leave a Comment

Convicted sex offenders might be the most closely watched people in the community. Once a registered sex offender, anyone can identify a sex offender’s identity by logging on the Pennsylvania sex offender registry. Photos and addresses pop up on the screen in seconds.

However, once released into the community, sex offenders have served their time and paid their debt to society. There are many support groups in Pennsylvania that will providing support and encouragement for formerly incarcerated sex offenders as they seek reentry into the community.

In addition, it is important to know your rights as a registered sex offender. Often times, sex offenders are victims of police profiling and employment discrimination. You have rights as a registered sex offender. Although you may be obligated to maintain registration for a number of years and may be restricted from working in certain fields, this should not prohibit you from integrating into the community. It is important to know your rights. An experienced criminal law attorney can inform you of your rights.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Sexual Assault

What Rights Do I Have If I’m a Registered Sex Offender?

November 27, 2013 by Leave a Comment

Pennsylvania’s Megan’s Law, 42 Pa.C.S § 9799.32(1), requires the State Police to create and maintain a registry of persons who reside, or is transient, work/carry on a vocation, or attend school in the Commonwealth and who have either been convicted of, entered a plea of guilty to, or have been adjudicated delinquent of Certain Sexual Offenses in Pennsylvania or another jurisdiction.

Under Megan’s Law, the whereabouts of convicted sexual offenders are tracked and notification is given to the public of the presence of a sexual offender in their community. However, this does not give authorities the right to harass those registered on the sex offender registry. Sex offenders may be monitored and required to report changes in their living arrangements and employment, however, sex offenders are still provided basic rights under the law.

At Laguna Reyes Maloney, LLP, we are experienced and aggressive criminal defense attorneys who have extensive trial experience. We have fought for the rights of people in and around Harrisburg for more than 15 years. Our lead attorney, Roger Laguna, is a former policeman who knows what to expect from law enforcement officers and prosecutors. We are relentless in our efforts to protect the rights of people charged with serious crimes. Let us protect your constitutional rights.

We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.

Filed Under: Criminal Defense

Police Misconduct – Do You Have a Case? PA

November 6, 2013 by Leave a Comment

Police brutality is a fact of life, in Pennsylvania, as well as the rest of the nation. As long as there have been police who have power over others, there has been excessive use of force. How do you know if you have experienced police misconduct or police brutality, in the course of an investigation, arrest, or while in custody of the police in Pennsylvania?

What Is Police Misconduct?

Police misconduct includes:

  • false arrest
  • malicious prosecution
  • false imprisonment
  • excessive use of force
  • failure to intervene when other officers are violating the victim’s rights
  • neglecting to get a person who is in custody or investigation the medical care that they need

Extreme examples of police excessive use of force include the Rodney King (CA) and the Abner Louima (NYC) cases. In both situations, police savagely beat the victims. With the King case, the entire event was recorded, and the pictures do not lie. In the Louima case, he was sodomized and suffered serious permanent injuries while taken into police custody for crimes he did not commit. These are both examples of excessive use of force and police brutality.

Most of the time, brutal beatings and false arrests are not as well documented as the King or Louima cases, or there is not a videographer to share eyewitness versions of the excessive use of force that the police used. Nonetheless, it is possible to file a police misconduct report. Having an attorney who will protect your rights and make sure that the law is upheld can give you the reassurance and support you need to feel comfortable moving forward with a case against those who harmed you. In many situations, depending on the harm done, you may have legal grounds to file a civil suit against the law enforcement officials who engaged in police misconduct.

Additionally, people who have been arrested or who are under investigation are generally intimidated to go forward and file a police misconduct report. They are afraid that it will impact their criminal case negatively.

Do You Have a Case?

Defense lawyers for the police will generally try to say that the officer should be immune from this charge because prosecuting the officer or finding the officer guilty of the charge will in some way inhibit the officer from enforcing the law. It must be proven that the officer went far beyond reasonable limits in violating the victim’s rights. Generally this will include injuring the victim or otherwise damaging the victim.

Additionally, civil rights claims and claims of misconduct must have the supporting evidence. It is critical that you take pictures of yourself and of the scene as soon as you can. Make sure that you write down what happened as soon as possible after the incident. Get the names and contact information of any witnesses or others involved at the time of the incident. Have them write down what happened. Get the badges of any involved police. If there is clothing or other material evidence of the abuse of force, set it aside and take pictures of it.

Ask an attorney what is the process for filing a police misconduct report with the law enforcement agency involved. In many cases, the internal affairs of the department will launch an investigation on top of your own. It is important that you work with an attorney experienced in handling civil rights and police misconduct cases.

Falsely Arrested or Harmed by the Police? Talk to Experienced Criminal Defense and Civil Rights Attorneys in Harrisburg, PA

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

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

Surviving Your Parole Period – PA

September 23, 2013 by Leave a Comment

There has been an outcry lately about parole and probation boards being slack and letting people who should have been returned to prison fall through the cracks of the system. Part of the reason for the spotlight on the Pennsylvania Board of Parole and Probation is that Philadelphia police officer Moses Walker Jr. was slain by parolee Rafael Jones, who had violated his parole and should have been back in jail at the time.

The family of Moses Walker Jr. has filed a federal lawsuit against the Pennsylvania Board of Probation and Parole. Evidently, Jones was released from prison just ten days prior to Walker’s murder. He was supposed to be monitored electronically and remain under house arrest, but that never happened. Additionally, he failed a drug test that violated his probation, but supervisors never took action. Jones shot Officer Walker to death. Walker had been walking home after his police shift at the time.

Following Conditions of Parole Is Essential to Your Freedom

If you have been released on parole, it means you are under the supervision of the Parole Board. You will have a parole officer that you regularly report to. Conditions that you must follow may include:

  • Passing any drug tests
  • No technical violations
  • Consistent payment of any restitution required
  • Maintain curfew requirements
  • Do not get arrested on any new charges
  • Consistently report to your parole officer
  • Attend any treatment programs as required
  • Work or seek work
  • Keep up child support payments if possible
  • Do not move or leave the state without obtaining permission from your parole officer

Failure to follow the conditions of your parole can result in your parole officer seeking to have you returned to prison to serve out your whole sentence. If you are arrested again for any reason, it is critical that you obtain the guidance of an attorney quickly. An attorney can focus on getting you out of custody as quickly as possible.

There are often times when a person on parole has simply made an innocent mistake. However, the parole officer and the judge may be more inclined to hear your story if it is shared by an experienced, well-respected and knowledgeable parole and criminal defense attorney.

Clear Convictions From Your Criminal Record and Seal It From Public View

Find out if it is possible for you to clear any arrests from your criminal record. Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Criminal Defense Tagged With: , ,

Surviving Your Probation Period –PA

September 6, 2013 by Leave a Comment

If you have been given probation in Pennsylvania, it means that instead of being sentenced to a full jail term, you will put under the supervision of a probation officer for a specific amount of time. In most cases, probation is given only for minor crimes, first-time offenders, and juvenile offenders, and those convicted of non-violent crimes.

You may actually serve some part of the jail time, and then be placed under probation for several months on up to five years after that. Probation is essentially an opportunity to stay free, but it is no free ride out of the Pennsylvania criminal justice system.

Avoid Jail — Follow the Rules of Probation – Rigorously

Surviving your probation period means that you must follow religiously the many conditions attached to probation. If you violate even one rule of your probation, you may wind up back in jail serving out your full sentence.

Among the common general criteria for those on probation are:

  • Do not violate the law
  • Do not drink alcohol or do drugs
  • Avoid people involved in criminal activity
  • Report to your probation officer regularly as required and allow your officer to visit your home, work, or other places you frequent
  • Work or seek work
  • Do not change your address, move outside the court jurisdiction, or leave the state without the consent of your probation officer
  • Maintain support to any legal dependents if possible
  • Possible monitoring by wearing a monitoring device, like an ankle bracelet

In addition to these general requirements, your case will probably have specific conditions unique to your situation. These may include entering into treatment programs, paying fines and surcharges, attending driving school, attending AA meetings, or taking other remedial measures.

If you know that your probation officer is considering revoking your probation, it is important to obtain the guidance of an attorney who can help find an alternative that will keep you out of jail. For example, if your PO officer believes you have violated probation, he will probably be seeking the judge to revoke your probation and have you go to jail to fulfill your sentence.

Sometimes, even minor probation violations, like a traffic ticket, can result in a probation revocation, depending on the probation officer. A mistake that you unknowingly make can blow thing out of proportion. Don’t take chances with your hard-won freedom and your future. Speak with an attorney who understands the criminal justice system and who is experienced working with those involved in probation revocation cases.

Probation Attorneys on Your Side – Harrisburg, PA

There are times when an attorney can explain what really happened, and point out all the good things that you are doing to uphold your end of the probation agreement. Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: (800) 255-9587 or 717-233-5292. You may also contact us online.

Filed Under: Criminal Defense Tagged With: , , ,

What To Do If a Friend or Family Member Is Arrested – Pennsylvania

August 26, 2013 by Leave a Comment

If the police have taken your friend away, do not panic. Remain calm and act quickly to get them the help they need as soon as possible after their arrest. Precious time may mean the difference between them being forced into making a false confession, making a mistake and admitting to something they didn’t do, getting fingerprinted, or being pulled into a lineup where they are risk for being mistaken as a criminal offender.

As well, their emotional well being can be at stake, because being in a jail is an extremely traumatic experience. The sooner you can get help to them, the better.

What can you do to help your loved one?

1. Find out exactly where your friend is being held and under whose jurisdiction.

2. Ask your friend for the exact criminal offense that has been charged against him. Be aware that if they are making a phone call to you, the police are likely recording the call. And the police are under no obligation to tell you anything, keep that in mind. Remind your friend to cooperate with the police by being polite and respectful, but to say nothing about the charges at all unless a criminal defense lawyer represents him or her.

3. Find a criminal defense attorney willing to speak with you now. Many attorneys have 24-hour answering services. Some attorneys, especially those who are building their practices, will answer their phones 24/7. Find out if the attorney gives a free initial consultation or if you need to pay for the first meeting.

4. Inform the attorney of the police station or jail where your friend or family member is being held. See if the attorney can protect your friend’s rights for that evening. Do not sign any long-term contracts that will lock you or your friend into paying for an attorney you do not even know. You may ask the lawyer to represent you at the arraignment, which may take place the next day, when charges are formally read against your loved one.

5. Ask your friend if his rights were read to him before he was questioned. By law all arrested persons must be read their Miranda Rights, which includes the right to be silent and the right to have an attorney and notification that anything they say can and will potentially be used against them in a court of law.

6. There will be a hearing, or arraignment, where the formal charges will be read against your friend. You may or may not choose to retain the attorney you originally contacted for help.

7. At this time, if your friend or family member cannot afford to retain an attorney, a public defender will be appointed to represent them. Many public defenders are wholly dedicated to their work; however, they are also extremely busy. Ask around to family and friends to find an experienced, trustworthy and knowledgeable criminal defense attorney.

8. If you are a friend, and your friend cannot afford an attorney or needs help beyond that which you can provide, consider getting in touch with their parents or other family members. Even if the person has a drug or alcohol problem, the parents may be willing to bail the person out of jail.

9. Your friend is probably embarrassed and humiliated about his or her situation. Please keep the situation as confidential as you can. Call employers if need be, but do not go into detail about the situation. Use discretion.

Friend or Family Member Arrested? Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

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

When Roadside Sobriety Tests Go Wrong

August 12, 2013 by Leave a Comment

We’ve all seen the humiliating, yet hysterically funny DUI videos when a suspect is happily singing along the side of the road for the cops, or otherwise chatting up the police officers who are busy gathering tons of evidence to use against that person in the soon to be splashed across the Internet DUI case.

Really, if the police pull you over for anything, it’s best to try to control yourself and have inhibitions, especially if you’ve been pulled over on suspicion of DUI. This is the absolute worst time to do anything other than provide your name while being polite to the police officers in question.

You Do Not Have to Take a Field Sobriety Test in PA

In Pennsylvania, you are not obliged to perform a field sobriety test if you are pulled over by an officer who suspects that you have been driving under the influence of alcohol or illegal drugs. This means that you do not have to obey the police and allow yourself to be tested on the side of the road for balance and coordination, just because they ask you to perform these tests.

Field Tests and Their Challenges to Even the Most Sober of People

Field sobriety testing (FST) allows law enforcement officials to ask you to do things that are difficult even for the most agile of people who have not been drinking. For example, there is the standing on one leg test. In this situation, you will have to balance on one leg, with the other up off the ground at least six inches. And you must count out loud for at least 30 seconds. It’s like doing Yoga on the street only in front of a police officer who is focused on finding something wrong enough to arrest you on suspicion of DUI.

If you sway while trying to balance, use your arms, or hop or put your suspended foot down instead of keeping it up in the air, the officer may take this as an indication that your ability to drive has been impaired by alcohol.

Horizontal Gaze Nystagmus (HGN) Test In addition to the one-leg-stand test, there is the horizontal gaze nystagmus (HGN) test. In this test, you will be asked to keep your head still while your eyes follow the track of an object such as a fingertip or flashlight. The police officer moves it to the left or to the right and f your eye jumps as it is moving or while it is either to the extreme right or to the extreme left, the officer takes this as an indication that you are alcohol-impaired.

Walk and Turn Test The officer asks you to take nine heel-to-toe steps like you were walking on a tightrope while counting aloud with each step. When you reach nine steps, you pivot on one foot and do another nine steps along with the counting. In this case, if you have difficulty following instructions or get one part wrong, the officer can use this as probable cause to arrest you on suspicion of DUI.

Arrested on Suspicion of DUI? Contact an Experienced DUI Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: DUI Tagged With: , , , ,

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