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Monthly Archive: August 2009

August 27, 2009

Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension

The Commonwealth Court of Pennsylvania recently affirmed a Common Pleas decision in favor of a suspected drunk driver, on appeal by the Department of Transportation, Bureau of Driver Licensing. Police were called to the seen of a single-car accident in the early morning hours of August 28, 2007. The driver was found by an arriving officer, sitting on the curb next to his overturned vehicle and claiming he had fallen asleep behind the wheel. The officer began questioning the driver and noticed that the driver was slurring his speech. The officer then asked the driver to submit to a field...

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Posted in: Misdemeanor / Felony Crimes

August 25, 2009

Superior Court of Pennsylvania Rules the State Carries the Burden of Proof in Expungement Hearings

An expungement proceeding is held when a subject of a prior criminal proceeding seeks to have the earlier records sealed or destroyed. An expungement differs from a pardon, in that a conviction is not merely forgiven but rather treated as though it never occurred. There are often conditions which must be satisfied in order to successfully expunge one’s record. Although an expungement relates to prior criminal occurrences, the proceeding itself is a civil matter. One instance in which a person would seek to have their record expunged would be if they were convicted of a crime and later...

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Posted in: Expungement

August 24, 2009

Third Circuit Court of Appeals Holds Use of an Adult Intermediary for Purposes of Child Pornography Constitutes Attempt under United States Statute

A recent Third Circuit decision set a precedent that using an adult intermediary, to plan sexual encounters with a minor, constitutes attempted enticement of a minor and violates 18 U.S.C. §2422(b). The relevant portion of the statute reads that whoever uses means of interstate commerce to knowingly persuade, induce, entice, or coerce a minor to engage in sexual activity that is illegal, or attempts to do so, shall be fined and imprisoned for no less than ten (10) years under statutory guidelines. The decision in United States v. Brian Lee Nestor involved a man (“Nestor”) who placed an...

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Posted in: Internet Crime, Sex Crimes & Abuse Allegations

August 18, 2009

Third Circuit Court of Appeals Upholds Special Conditions of Supervised Release in Child Pornography Case

In a recent appellate decision, the United States Court of Appeals for the Third Circuit upheld the sentence of Paul R. Thielemann, imposing a term of imprisonment followed by a ten-year term of supervised release, subject to special conditions. Thielemann pleaded guilty to one count of receiving child pornography and was subsequently sentenced to the statutory maximum, 240 months imprisonment, followed by ten years of supervised release. The Court conditioned Thielemann’s supervised release on two special restrictions; for...

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Posted in: Internet Crime

August 12, 2009

Supreme Court of Pennsylvania Affirms No Right to Counsel for DUI Chemical Testing

http://www.nefflawoffices.com/attorney-profile.phpThe right of a criminal defendant to have the assistance of counsel in his defense is granted in the Bill of Rights, via the Sixth Amendment of the United States Constitution. The Sixth Amendment right to counsel differs from the Fifth Amendment right to counsel which is granted to a suspect via Miranda warnings. The Sixth Amendment right is offense specific, meaning that during a critical stage of the trial process, no governmental agent may question the defendant about the...

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Posted in: Misdemeanor / Felony Crimes