Harrisburg Pennsylvania Criminal Law Blog

Parolees have a reduced expectation of privacy in PA.

By Attorney Elisabeth K.H. Pasqualini, Parole Attorney, Harrisburg, PA

Probationers and parolees have limited protections against warrantless or suspicionless searches.  A probationer's home can be searched by a probation officer without a warrant if "reasonable grounds" exist to support the search.  Where a probationer agrees to be the subject of a search, the case law has uniformly held that reasonable suspicion exists. 

However, the search must be reasonably related to the purpose for which the probationer is on supervision.  For instance, where a search conducted by a parole agent was for drugs, but the suspected violation was for a recent arrest, the search was not permissible.  Suppression may be a viable option for state parolees.  Further, police may not simply "tag along" on parole searches.  The police still have a probable cause standard for conducting warrantless searches and may not use the parole agents as a "stalking horse" to gain access to a parolee's residence.

If you are on probation or parole and have been subjected to a search of your person, car, or home and evidence has been seized, you should contact an experienced attorney before your next court date.  You may contact the attorneys at Shaffer & Engle Law Offices, LLC toll free or email us today.

A confession must be made knowingly, voluntarily and of a suspect's own free will to be valid.

By Attorney Elisabeth K.H. Pasqualini, Constitutional Rights Lawyer, Harrisburg, PA

During custodial interrogation or an arrest, an accused has a right to remain silent unless he or she chooses to speak in the unfettered exercise of his or her own will.  The waiver of this right must be both knowing and voluntary.

What's meant by a "knowing waiver?"

A knowing waiver requires that the accused know his or her rights before choosing to waive them.  The accused must have been apprised of his or her Miranda rights and understood them before they can waive them.   

What's meant by "voluntary?"

Although there is no single test for determining the voluntariness of a confession, it must be established that the decision to speak was the product of a free and unconstrained choice of its maker.  All of the attending facts and circumstances must be evaluated to determine if the confession was voluntarily made.  Although there is no single litmus-paper test to determining the voluntariness of a confession, it must be established that the decision to speak was a product of a free and unconstrained choice of its maker. The courts will examine the duration and methods of interrogation, the length of delay between arrest and arraignment, the conditions of detainment, the attitudes of the police toward the defendant, the defendant's physical and psychological state, and all other conditions present which may serve to drain one's power of resistance to suggestion or to undermine one's self-determination.

The question of the voluntariness of a confession is not whether a defendant would have confessed without interrogation, but whether the interrogation was so manipulative or coercive that it deprived the defendant of his or her ability to make a free and unconstrained decision to confess.

What's the remedy if the confession was made in violation of my rights?

The statement made to the police may be suppressed or kept from evidence during the Commonwealth's case in chief.  This means they cannot use the statement or anything derived from it, such as the location of a weapon.  But, it does not necessarily mean that the charges get dismissed.

If you've been arrested or charged with a crime and there's been a statement given to the police by you, you need to contact an experienced criminal attorney as soon as possible.  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

There are points for speeding and suspensions for exceeding the maximum speed limit in workzones.

By Attorney Elisabeth K.H. Pasqualini, Traffic Ticket Attorney, Harrisburg, PA

With summer comes roadwork- they go together like hotdogs and baseball.  Folks traveling to work and to vacation hot spots will undoubtedly come into contact with the ubiquitous flashing orange cones that stand guard along the highways of PA.  However, there are special penalties that also come with speeding in work zones.

The typical speeding penalties under the PA Motor Vehicle Code carry points as follows:

MPH over LIMIT                POINTS

6-10                                        2

11-15                                      3

16-25                                      4

26-30                                      5

31-over                                   5  (and a departmental hearing and sanctions)

But, did you also know that there are suspensions as well?  Here, the Vehicle Code provides:

Suspension of operating privilege.--In addition to other provisions othis title relating to the suspension or revocation of operating privileges, the department shall suspend for 15 days the operating privileges of any person who for a violation in an active work zone is convicted under:

1. Section 3361 where the department has received an accident report submitted pursuant to Section 3751 (relating to reports by police); or
2. Section 3362 (relating to maximum speed limits) by exceeding the posted speed limit by 11 miles per hour or more. A conviction report received by the department which indicates that the violation of section 3361 or 3362 occurred in an active work zone shall create a presumption that the violation occurred in an active work zone.

If you've been ticketed for speeding in PA along a major route that was "under construction" at the time, do not simply plead guilty.  You could be setting yourself up for a 15 day license suspension.  Also, don't think that because you are an out-of-state driver that the points or suspension won't follow you.  It can and it usually will.  Call an experienced traffic attorney first at Shaffer & Engle Law Offices, LLC toll free or email us today.

Drug trafficking penalties in PA are severe, but first, we must know which drugs fall into which schedules.

By Attorney Elisabeth K.H. Pasqualini, Drug Defense Lawyer, Harrisburg, PA

There are severe penalties for possession with the intent to distribute ("PWI") illegal narcotics in PA.  These penalties vary depending on what 'Schedule' the drug falls into under the PA Drug Act.

Schedule I. In determining that a substance comes within this schedule, there is a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. The following controlled substances are included in this schedule:

1. Opiates,
2. Opium derivatives, such as: Acetyldihydrocodeine, Benzylmorphine, Codeine, Heroin, Morphine.
3. A material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances: Mescaline, Peyote, "Marihuana" or Marijuana.

Schedule II. In determining that a substance comes within this schedule, there is a high potential for abuse, currently accepted medical use in the United States or currently accepted medical use with severe restrictions and abuse may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule:

(1) The following substances of any quantity, except those narcotics specifically excepted or listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

• Opium and opiate, and a salt, compound, derivative or preparation of opium or opiate.
• Opium poppy and poppy straw.
• Coca leaves (Cocaine) and a salt, compound, derivative or preparation of coca leaves.
• Phencyclidine, Pentobarbital 

Schedule III. In determining that a substance comes within this schedule, there is a potential for abuse less than the substances listed in Schedules I and II.  There is well documented and currently accepted medical use in the United States and abuse may lead to moderate or low physical dependence. The following classes of controlled substances are included in this schedule:

1. A substance which contains any quantity of a derivative of barbituric acid, or a salt of a derivative of barbituric acid.
2. A material, compound, mixture, or preparation containing limited quantities of codeine or opium.

Schedule IV. In determining that a substance comes within this schedule, there is a low potential for abuse, currently accepted medical use in the United States and limited physical or psychological dependence liability.  Examples include: Temazepam and Lorazepam.

Schedule V. In determining that a substance comes within this schedule, there is a low potential for abuse relative to the substances listed in Schedule IV; currently accepted medical use in the United States; and limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.  Examples include:  Propylhexadrine and Pyrovalerone.

Penalties Associated with the Schedules:

• 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

'Enhancements' may apply

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.  Mandatory sentencing may also apply based upon quantity sold and the possession of a firearm.  Further, penalties may be doubled if there is a prior conviction at the time of sentencing.

If you've been charged with drug possession or delivery, you should contact an experienced drug trafficking lawyer.  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.