Author Archives: Gary Gerson
Report Alleges Racial Discrimination in Pennsylvania’s Enforcement of Marijuana Laws
Under Pennsylvania’s current Drug Act, possession of Marijuana, a Schedule I controlled substance, for mere personal use, is classified as an ungraded misdemeanor having a maximum penalty of one year in jail, a fine of $5,000.00, or both. Even possession of a small amount of marijuana, i.e., less than 30 grams, is classified as… Read More »
New Yorker Feature About Pennsylvania District Attorney Contains Valuable Information for Defendants
In Pennsylvania, there are three types of prosecutors who file criminal charges: the Office of the District Attorney, the Office of the Attorney General, and the Office of the United States Attorney. The Office of the District Attorney is involved in county prosecutions; the Office of the Attorney General handles statewide prosecutions; and, the… Read More »
What Pennsylvania Law Says About Hate Crimes
Pennsylvania has specific hate crime laws, which state that additional charges, such as ethnic intimidation, can be applied to enhance the penalties for violent crimes such as arson, homicide, murder, aggravated assault, recklessly endangering another person, risking a catastrophe, terroristic threats, or criminal mischief, when the violent acts are motivated by hatred of an… Read More »
Swissvale Barber Arrested for Selling Drugs Just Outside Barbershop
Drug “busts” involving undercover police or detectives are a familiar plot development in current movies and television series. The movies and series are entertaining viewing because of the dramatic irony: the seller does not know the true identity of the buyer, and the audience is waiting for that critical moment when the truth becomes… Read More »
Plea Deal No Longer an Option for School Van Driver Charged with Sexually Assaulting Student
The Constitutions of both the United States and the Commonwealth of Pennsylvania guarantee a presumption of innocence to all persons accused of crimes and a corresponding mandate that the Commonwealth prove each and every element of an alleged crime beyond a reasonable doubt before an accused can be convicted of that crime. Accused individuals… Read More »
Pleading Guilty Can Lead to a Reduced Sentence, Even for Very Serious Crimes
In the state courts of Pennsylvania, an overwhelming majority of criminal cases are resolved by negotiated plea agreement; and, in federal courts nationwide, only 3% of cases go to trial. There are many reasons why an accused would chose to avoid trial, including inability to pay for private counsel. Once of the main reasons… Read More »
Allison Park Doctor Charged with Fraud for Writing Unlawful Prescriptions for Opioids
The current opioid abuse epidemic has changed the public conversation about drug abuse and addiction. In the past, public opinion often attached blame on addicts for their drug-related problems or, alternatively, created an image of predatory drug dealers attempting to get young people “hooked on” drugs for financial gain. However, the focus of the… Read More »
Pennsylvania Courts Decide on a Case by Case Basis Whether to Try Teens Charged with Violent Crimes as Adults
Most teenagers are physically and emotionally immature; consequently, they commit foolish and sometimes criminal acts that they may have cause to regret. For that reason, and with a few clearly defined exceptions, including felonies associated with extremely violent crimes, firearms violations, drug trafficking or sex offenses, it is the underlying policy of the criminal… Read More »
Promoting Prostitution Is a Crime in Pennsylvania, but Just What Does It Entail?
When most people outside the legal profession hear the phrase “sex crimes,” they tend to think first of the most outrageous offenses such as rape or child molestation. Many arrests for sex-related offenses, however, involve charges that are substantially less violent such as promoting prostitution. Why is promoting prostitution classified as a crime? Because… Read More »
You Can’t Get Bailed Out of Jail If You Are a Danger to the Community
Conditions of bail are to be reasonable not punitive, and to ensure that an accused will appear for trial. A familiar plot point in TV shows and movies such as 25th Hour, starring Edward Norton, involves an arrested individual waiting in jail “to make bail”. Struggling family members draw on their savings, post collateral,… Read More »
