Harrisburg Pennsylvania Criminal Law Blog

The "Public Employee Pension Forfeiture Act" enacted in 1978 defrocks public employees of pension for crimes committed by or through public office.

By Attorney Elisabeth K.H. Pasqualini, Criminal Defense Attorney, Harrisburg, PA

Collateral consequences are those consequences not directly related to a conviction for a crime of whihc the courts have no control over that may affect a defendant's life.  Things such as a driver's license suspension, revocation of a professional license, loss of voting rights, or the loss of a pension are all collateral consequences to a conviction for a crime or a guilty plea (or nolo contendre plea).  See Commonwealth v. Abraham, 58 A.3d 42 (Pa. 2012) (holding counsel not ineffective for failing to advise teacher of loss of pension after pleading guilty to enumerated crime).

We have all been inundated lately with issues surrounding public employees, such as Jerry Sandusky and Justice Joan Orie Melvin's (both state employees at the time of their transgressions) convictions for their respective crimes.  Many have wondered, how can they still keep their lavish pensions after being convicted?  The easy answer, they cannot.  That's because the Public Employees Pension Forefeiture Act, 43 P.S. § 1311, requires that it be forfeited when certain crimes are committed by or through a public official or employee.

What Crimes Require Forfeiture?

The Act provides as follows:

"CRIMES RELATED TO PUBLIC OFFICE OR PUBLIC EMPLOYMENT." Any of the criminal offenses as set forth in the following provisions of Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes or other enumerated statute when committed by a public official or public employee through his public office or position or when his public employment places him in a position to commit the crime:

• When the criminal offense is committed by a school employee against a student;
• Section 3922 (relating to theft by deception) when the criminal
  culpability reaches the level of a misdemeanor of the first degree or
  higher
• Section 3923 (relating to theft by extortion) when the criminal
  culpability reaches the level of a misdemeanor of the first degree or
  higher
• Section 3926 (relating to theft of services) when the criminal
  culpability reaches the level of a misdemeanor of the first degree or
  higher
• Section 3927 (relating to theft by failure to make required disposition
  of funds received) when the criminal culpability reaches the level of a
  misdemeanor of the first degree or higher;
• Section 4101 (relating to forgery);
• Section 4104 (relating to tampering with records or identification);
• Section 4113 (relating to misapplication of entrusted property and
  property of government or financial institutions) when the criminal
  culpability reaches the level of misdemeanor of the second degree;
• Section 4701 (relating to bribery in official and political matters);
• Section 4702 (relating to threats and other improper influence in
  official and political matters);
• Section 4902 (relating to perjury);
• Section 4903(a) (relating to false swearing);
• Section 4904 (relating to unsworn falsification to authorities);
• Section 4906 (relating to false reports to law enforcement
  authorities);
• Section 4909 (relating to witness or informant taking bribe);
• Section 4910 (relating to tampering with or fabricating physical
  evidence);
• Section 4911 (relating to tampering with public records or
  information);
• Section 4952 (relating to intimidation of witnesses or victims);
• Section 4953 (relating to retaliation against witness, victim or
  party);
• Section 5101 (relating to obstructing administration of law or other
  governmental function);
• Section 5301 (relating to official oppression);
• Section 5302 (relating to speculating or wagering on official action or
  information).

It is important, as a public employee, to have counsel that is aware of all collateral consequences that may possibly affect one's life.  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

The Federal pardon process applies only the federal convictions, convictions in the District of Columbia Superior Court, military court-martials.

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

There is a difference between a pardon and an expungement.  (See recent article for explanation).  There is also a difference between a State pardon and a Federal pardon.  Federal pardons may be sought for federal, military court-martial, convictions in the Superior Court of the District of Columbia.  The president cannot pardon a state offense.  That must be done through the state which holds the conviction. 

Unlike the Commonwealth of PA, there is a five (5) year waiting period.  Further, the presidential pardon is only a sign of forgiveness and is granted in recognition of the applicant's acceptance of responsibility.  Unlike PA, it does not operate as a removal of the record from one's criminal history.  It will not erase or expunge the conviction from your record.  It is not a sign of vindication and does not connote or establish innocence.  Finally, there is no hearing on the merits of the Federal pardon application.  In PA, every pardon application is reviewed by the State Board of Pardons.  If granted, a hearing is then heard before the Board.  The Board then decides whether or not to recommend that the pardon be granted to the governor.

"What's the benefit of a Federal pardon if it still appears on my 'record'?"

• First, it will note that the crime was officially pardoned and, therefore, some of the stigma is reduced for prospective employers, community members, and others.
• It will restore rights lost as a result of the pardoned offense.

• Peace of mind.

"What's the benefit of having a lawyer assist me in the pardon application process?"

• The application rules and submission guidelines are exacting.  For the same reason some individuals do not feel comfortable preparing their own taxes, they have a lawyer handle the matter for them with the Department of Justice.
• The application itself is over 20 pages and is more rigorous than the State process.
• If denied, you may re-apply in two (2) years.

If you have be convicted of a federal offense or were the subject of a military court martial, you may be eligible for a presidential pardon.  You may contact the attorneys at Shaffer & Engle Law Offices, LLC toll free or email us today.

Carrying a false ID is a crime that could land you in jail and cost you your driver's license.

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

I started thinking about minors who use fake IDs when I wrote a blog post a few days ago about a woman who got caught using a stolen driver's license to order a margarita. Ironically, the woman was 26 years old and didn't need a fake or stolen ID to legally purchase alcohol. Nevertheless, that woman is now facing, among other charges, identity theft allegations.

Using a fake ID to purchase alcohol or enter an establishment that serves alcohol is a crime.  The Crimes Code in PA defines it as follows:

18 Pa.C.S. § 6310.3

(a) Offense defined. -- A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.

Keep in mind that if you are caught using a fake ID to purchase alcohol, you could be facing a host of other charges, including loss of your driver's license. Depending on the circumstances of your particular case, underage possession of alcohol, public drunkenness, DUI, and/or disorderly conduct are just a few of the crimes you may be charged with. It is common practice for the police to charge you with as many offenses as possible. This gives the Commonwealth more leverage for bargaining in plea negotiations. Unfortunately, it places defendants in the unpleasant position of dealing with multiple charges for what they thought may have thought were minor transgressions.

There are some harsh consequences to possession of a fake ID. Fines and even jail time are both possibilities. If you are under 18, the police will call your parents. Furthermore, you will lose your driver's license for at least 90 days.

If you have been charged with possession or use of a fake ID, contact an experienced Harrisburg criminal law attorney. An aggressive attorney can challenge the evidence to try to win a dismissal or acquittal of the charges against you or negotiate a favorable plea to reduced charges.

Tractor-Trailers (often referred to as semi-trucks) are practically a lifeline to our economy and way of life. Large trucks are responsible for transporting a majority of our goods in the United States. There are numerous guidelines set out by the Federal Motor Carrier Safety Administration (FMCSA) as well as the Commonwealth of PA to limit the number of tractor-trailer accidents. However, due to cutthroat competition; not every trucking company follows the letter of the law or guidelines handed down by Federal or Pennsylvania Regulators.

1.) Improper load: An improperly loaded truck is far more susceptible to a rollover due to the shift in weight of the cargo. If the weight is not properly distributed through the trailer, the truck is more likely to roll over in a turn or as a result of a quick decisive traffic maneuver. On the other hand, an overloaded truck will have difficulty stopping. Keep in mind that trucks have a much greater stopping distance that a car as a result of weight. As you add additional weight the stopping distance will only increase. In the context of improper loading, the party that loaded the vehicle along with the truck driver will likely share liability. Many trucking carriers will require their drivers to carry excess weight due to profit incentives. Further, we have sadly learned that oftentimes a trucking company will force their drivers to comply with such demands by threatening to use independent truckers. An employed driver does not want to lose his/her benefits from their respective employment. Thus, the trucking company often uses such leverage to get their employed drivers to be complicit in carrying excess loads.

2.) Driver fatigue: Subsection 49 CFR 391.41 of the Code of Federal Regulations outlines a number of rules pertaining to the trucking industry. Much of this subsection relates to rules concerning the amount of hours and consecutive shifts a truck driver may undertake. Further, the PA Motor Vehicle Code spells out the number of hours and manner in which drivers log and report their driving to ensure that truck drivers are alert on our roadways. However, many trucking carriers simply ignore both Federal and PA guidelines in their blind pursuit of profit. We often learn of drivers who work far beyond the allowable amount of consecutive hours. This results in a fatigued and often sleepy driver who becomes a very obvious danger for fellow motorists. Time is money in the world of trucking. Drivers are often stuck at weigh stations for significant amount of time that counts against their allowable driving hours, yet they are not getting paid during such time. In fact many drivers are paid by the mile driven. Thus, there is an incentive for drivers to ignore both Federal and Pennsylvania law concerning the allowable amount of consecutive time operating a tractor-trailer. Section 392.4 of the CFR expressly prohibits the use of amphetamines while on duty operating a truck. It further prohibits any use of alcohol while on duty.

Federal law requires the trucking company to maintain records of duty and all supporting documents on each driver for a period of six months. All drivers must retain a copy of each record and supporting document on driving status for the previous seven (7) consecutive days.

3.) Improper maintenance: In an effort to save money, it is not uncommon for a trucking company to again ignore Federal and Florida guidelines concerning proper maintenance of the tractor-trailer. Brakes, safety lights and reflectors must be checked regularly. A carrier that fails to routinely inspect such items and keep an up to date log on maintenance of the aforementioned items, runs the risk of being liable for a truck accident. There are a number of claims that can be pursued against the trucking company for lack of maintenance such as the failure to install a back up warning system, failure to make use of safe ingress and egress at the top of the tanker and failure to use proper lights and reflectors to illuminate the sides and rear of the tractor-trailer.

4.) Inexperienced or poorly trained driver: At Shaffer & Engle, we are committed to obtaining the driver's employment file as soon as possible to decipher their experience in operating a semi-truck, their employment history including discipline from the employer as well as violations of Federal or Pennsylvania law. Further, we will dig into their past employment history to determine whether the trucking company was negligent in its retention of the driver. Were there any red flags in the driver's past that should have concerned the company?

5.) Speeding: Many truck drivers fail to adhere to posted speed limits due in part to unreasonable demands placed on them by the trucking company that has employed their services. Further, we often learn of truck drivers that will rush through a trip in order to complete their work and be done. Unfortunately, trucks require a much greater stopping distance than an ordinary automobile. When you factor in excessive speed, you can see why a truck driver would experience extreme difficulty in reacting to a sudden traffic maneuver or situation. Excessive speed is a contributing factor to many truck accidents in Pennsylvania. Section 392.6 of the CFR expressly prohibits a trucking company from scheduling runs by a trucker between locations that would clearly require the driver to travel at an excessive speed. Section 392.71 of the CFR bans the use of radars by truckers or commercial vehicle operators.

6.) Drugs/alcohol: Whether it's the solitary lonely nature of the job or the pressures associated with stringent requirements and constant demands, drugs and alcohol related trucking accidents have become far too common. Stimulants ("uppers") are used by truckers to stay awake and alert for extended hours. However, truck drivers often overuse stimulants which creates a very dangerous condition.

I have referenced just a few of the many contributing factors behind semi-truck accidents in Pennsylvania. If you have been physically injured as a result of the negligence exhibited by a tractor-trailer driver or trucking company, call the injury lawyers at Shaffer & Engle for a free consultation and case evaluation.

1. Improperly Loaded Truck Accidents
2. Common Factors Behind Florida Motorcycle Accidents
3. Driver Fatigue: An Inherent Danger of Commercial Trucking
4. Preparing the Truck Accident Case: Important Items to Consider
5. Common Spine Injury Related to Automobile and Motorcycle Accidents