Q & A: If a traffic stop leads to the discovery of drugs, can they charge me weeks later?

In Pennsylvania misdemeanor charges are brought via the filing of a criminal complaint, not a citation. Also, if any traffic offenses are attached to a criminal charge, everything has to be filed at the same time. So if the officer was considering filing charges related to the drugs, he would not issue a traffic citation at the time of the …

Q & A: Can I be arrested for DUI while using a prescribed fentanyl patch?

There is a long-standing myth that you can’t be charged with DUI as a result of taking prescription medications as prescribed. That’s not completely true. For example, there are a number of medications that cause drowsiness and come with warning labels that the patient should not drive or operate heavy machinery. People taking such medications could still present a danger …

Q & A: Will I lose my right to vote or own a firearm if I’m convicted of possessing marijuana?

If you are convicted for simple possession of marijuana or possession of a small amount of marijuana, those are both misdemeanors. If either of those offenses are the sole offense on your record, you will not lose your right to vote. 25 Pa.C.S. sec. 1301(a) states that only those potential voters who have been incarcerated for a felony within the …

What Not to Do When Debating Marijuana Legalization

On a local radio show this week, the open phones segment lead to a discussion regarding marijuana policy in Pennsylvania.  One caller provided such a spectacular example of how not to participate in such a debate that I can only hope he was kidding.  My criminal law experience, however, has lead me to the opposite conclusion. When asked whether Pennsylvania …