What to Expect if Your DUI Case Goes to Trial: A DUI Attorney Explains

Navigating the courts in Pennsylvania can be daunting. One of the most stressful aspects of fighting a DUI is having your case go to trial, especially if you have never been charged with a crime before. Having an experienced DUI defense attorney by your side can help you understand the process and ensure your rights are protected.

The Preliminary Hearing

After a DUI arrest in Pennsylvania,  you will first attend a preliminary hearing. The arresting officer presents your case to a local District Court judge who decides whether there is enough evidence to move forward with your case. Quite often, a knowledgeable criminal defense attorney can have your case dismissed at this early stage.

Arraignment

If the case moves forward, the arraignment is a proceeding where the charges against you are read, and you will be asked to enter a plea of guilty or not guilty. If you are still in custody, your arraignment must occur within 72 hours. If you were released or posted bail, your preliminary hearing is held at a later date, usually within 30 to 60 days from the date of your arrest.

Regardless of whether you are arraigned right away or at a later date, it is critical to consult with criminal defense lawyers as soon as possible. Having an attorney act as your advocate at your preliminary hearing and arraignment may result in having charges reduced or dismissed, which rarely happens if you are unrepresented.

What to Expect at Trial

Jury Selection and Opening Statements

Unless you waive the right to a jury trial,  both your defense attorney and the prosecution will question and select jurors. Opening statements are then given by both the prosecution and defense. A convincing opening statement can set the tone for the trial and help win-over the jury from the beginning—that is why it is essential to hire a seasoned DUI attorney who is well-versed in taking cases to trial.

Evidence and Witness Testimony

After opening statements, the prosecution presents the evidence against you. Both the prosecution and your defense attorney will have opportunities to call witnesses to the stand to support their claims. For example, the prosecution typically calls the police officer who arrested you for DUI. Both the prosecution and your DUI attorney may ask each witness questions (examination and cross-examination). An experienced defense attorney will know exactly what questions to ask.

You will likely be called to testify by the prosecution. Although you are not required to testify, your testimony could be one of the most influential elements of your DUI trial. Make sure to answer all questions honestly and keep your cool to make a good impression on the jury. Your DUI lawyer will help you prepare before trial so you have an idea of what to expect and how you should answer any questions you are asked.

After the evidence has been presented and witnesses have offered testimony, each side will make closing statements to the court. A good DUI lawyer knows how to put it all together to create a strong closing argument on your behalf.

Jury Decision and Sentencing

The jury then reviews all evidence and testimony and deliberates until they come up with a decision – guilty or not guilty.  If the verdict is not guilty, you will be free to go. If you are found guilty, a judge will determine your sentence and explain the criminal penalties to you. You may ask the Court for a pre-sentence report after a conviction or plea, which postpones sentencing for up to 90 days. If you waive your right to the pre-sentence report, the judge may impose the sentence immediately.

Plea Bargains and ARD

In reality, few Pennsylvania DUI cases go to trial. Sometimes a plea bargain may be in your best interest. This means that the district attorney will reduce the charges and/or penalties in exchange for a guilty plea.  If it is your first DUI and you were not accused of causing serious injury or death, you may be eligible for Accelerated Rehabilitative Disposition (ARD). If you successfully complete this program, charges will be dismissed and your record may be expunged.  Your DUI attorney or drug crime lawyer can advise you whether a plea agreement or ARD is your best course of action,  or whether you should take your case to trial.

Do you need assistance with a DUI case or another legal matter? Our Pennsylvania criminal defense attorneys, car crash injury lawyers, and DUI attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-dui-case-goes-to-trial-a-dui-attorney-explains/

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5 Common HIPAA Violations and How to Prevent Them

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) keeps health care providers and institutions accountable for properly protecting, storing, and sharing patient information. Technology has changed the way records are kept which has created new issues to be addressed when it comes to protecting patient information. Our medical malpractice lawyers in Chester County, PA share some of the most common HIPAA violations and what recourse you may have if your privacy rights are violated.

Unsecured Records

In the past, paper records allowed physicians, hospitals, and other health care providers to keep records secure by locking them in secure areas with limited access. Today, most records are stored digitally which requires different types and levels of security. Passwords can be hacked, so it’s vital for records to be properly encrypted.

Hackers who are able to access sensitive patient information such as social security numbers can use it for crimes like identity theft which can have a serious impact on your finances and credit. If a hack or data breach has had a negative impact on your life, malpractice lawyers in West Chester PA help you hold responsible parties accountable for failing to keep your information safe.   

Employee Errors

Employees of health care providers and institutions should be well trained in HIPAA laws and the procedures required to keep patient information secure. Improper handling of phishing emails, disposing of records in an unsecure manner, and talking about patient cases with others are three major problems when it comes to employee mishandling of sensitive data.

These types of HIPAA violations are easily preventable with thorough training and monitoring of processes and employee performance. It’s imperative that health care professionals and organizations thoroughly train employees and enforce proper adherence to privacy laws and regulations.

Lost Devices

Another issue that has become a real problem is health care workers and providers losing devices like laptops, tablets, and smartphones. Outlining and informing employees of explicit policies and restrictions on whether devices can be taken from the premises and how they should be stored are critical in protecting patients’ rights. 

Impermissible Disclosure of Protected Health Information

Some other forms you may see at your doctor’s office, clinic or hospital are authorization forms for release of information to other health care providers and family members. These prevent your information from being released to other parties. If there are specific people or institutions you want to prohibit from accessing your records, make sure to inform your health care providers of this in writing.

Limited or Restricted Access to Your Own Records

Failure to provide medical records to patients in a timely manner is also a HIPAA violation. The Department of Health and Human Services (HHS) has been working to change certain rules to make protected health information more easily accessible to patients and their preferred health care providers. In 2022, they may ease certain administrative requirements and remove provisions of the HIPAA Privacy Rule that help simplify coordination of care and make records more accessible to patients.

What You Can Do to Protect Your Interests

Although it may seem tedious and time consuming, it’s important to read any health care provider’s HIPAA privacy policy and address any concerns about how your information is protected. If you are a victim of HIPAA privacy rights violations, a good medical malpractice lawyer can help you understand your rights.

Our experienced legal team features some of the best medical malpractice lawyers in Pennsylvania. We provide a thorough assessment of your case and advise you of your options for holding providers accountable.

This blog was originally posted on https://pa4law.com/5-common-hipaa-violations-and-how-to-prevent-them/

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Medical Negligence During Surgery: How an Air Force Veteran Sued The VA and Won

Although there are always risks associated with surgery, patients don’t expect to be harmed by the surgeons or hospital staff who care for them. Air Force veteran Benjamin Houghton anticipated his upcoming surgery to be fairly straightforward. However, it resulted in a life-changing medical mistake. He and his wife Monica decided to bring a claim against the Los Angeles VA Medical Center, as anyone in this situation would have been advised by a good medical malpractice lawyer.

Benjamin Houghton’s Story

In 1989, Benjamin Houghton was diagnosed with metastatic testicular cancer. In the Air Force at the time, he opted to undergo chemotherapy at Andrews Air Force Base. Chemotherapy was successful, and he retired from the Air Force when he completed treatment. In 2006, his left testicle became atrophied and painful. Although there were no signs that testicular cancer had returned, symptoms led his doctor to believe that cancerous cells could be present. Following physician recommendations, Houghton decided to have his left testicle removed.

Wrong Site Surgery

The surgeon who performed the procedure was John T. Leppert, a fifth-year medical resident at UCLA. Houghton’s left testicle was to be removed, and a vasectomy was to be perfomed on the right. Instead, Dr. Leppert removed the right testicle, which in medical terms is considered “wrong site surgery.” Although this type of error and malpractice claim may seem straightforward, many medical malpractice lawyers in Delaware County, PA have handled these types of cases, and they can be challenging to win.

How Did This Medical Error Happen?

Unfortunately, a series of missteps led to this devastating mistake. The following procedures should have been followed: the VA hospital should have obtained informed consent from the patient; the operation site should have been marked; and the operating room surgeon should have double-checked that he was operating on the correct site, doing the proper surgery, and operating on the right patient.

This system broke down in several ways. The consent form that was prepared the day of the procedure said that the right testicle was to be removed, and a left vasectomy performed, when it should have been the opposite. It is unknown who prepared the form.

Both Houghton and Dr. Leppert signed it. Houghton didn’t have his glasses on, so he couldn’t read it. Allegedly the surgeon said,  “This is what we talked about before. Just sign here and here.” Even if Houghton had read the consent form carefully, he may not have even caught the error, as the surgeon didn’t.

The surgery site was then supposed to be marked with a special pen before the patient was sedated so the patient could confirm the correct site. Houghton pointed to his left testicle, but no one marked it or his right testicle. Finally, although the medical records show that a timeout was called to confirm everything in the operating room, it’s unclear whether OR staff looked at any document except for the incorrect consent form. The VA has since improved these procedures, but it doesn’t change the fact that Benjamin Houghton and his family have suffered due to the hospital’s and surgeon’s errors.

The Aftermath of a Medical Mistake

Due to the lack of testosterone the healthy testicle produced, Benjamin Houghton faced potential health issues such as depression, sexual dysfunction, weight gain, and osteoporosis. His relationship with his wife Monica suffered, and Houghton went on disability for health issues. He and his wife sued the Los Angeles VA Medical Center for $200,000 in damages and won their case in 2013.  

This appalling error goes to show that it’s critical to be vigilant when undergoing any kind of medical treatment. Medical malpractice lawyers in Chester County, PA also recommend that patients have a spouse or another loved one read-over consent forms before they are signed which can make it easier to catch a mistake.

If you or a loved one has been a victim of a surgical error, our malpractice lawyers in West Chester, PA can help.   With decades of experience in personal injury law, our team includes some of the best medical malpractice lawyers in Pennsylvania.

This blog was originally posted on https://pa4law.com/medical-negligence-during-surgery-how-an-air-force-veteran-sued-the-va-and-won/

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Penalties for Drug Possession in Pennsylvania

 

Possession of certain controlled substances is a crime in Pennsylvania. However, there are factors that can influence the penalties you may face for a drug possession conviction. Understanding the law and your rights is critical if you’ve been charged with a crime. If you’re facing possession charges, it’s vital to contact an experienced drug crime lawyer right away.

Factors Considered in Drug Possession Cases

There are different types of drug possession charges in PA: simple possession or possession with intent to deliver. What you are charged with will depend on several different factors including:

• The type of substance involved
• The amount in your possession
• Whether you intended to distribute
• Past criminal convictions

Simple Possession

Under Pennsylvania law, simple possession is usually charged when prosecutors assume the drug in someone’s possession was intended for personal use. Although simple possession is a misdemeanor in Pennsylvania, you can still face harsh penalties.

Felony Drug Possession

Possession of meth, cocaine, PCP, isomers, and more than 1,000 pounds of marijuana can result in felony charges, depending on the amount in your possession. A conviction for possession with intent to deliver carries up to $250,000 in fines and up to 25 years in prison. In some cases, the fines may be more if the profits from illegal drug activity exceeded $250,000.

Types of Drugs

Marijuana: Simple possession of up to 30 grams can lead to 30 days in jail and/or a $500 fine. Possession of more than 30 grams comes with a maximum penalty of one year in prison and a $5000 fine.

THC or Hashish: Maximum imprisonment of 30 days and/or a maximum fine of $500. Possession of more than eight grams may result in one-year incarceration and/or a maximum fine of $5000.

Oxycodone: While it’s legal to possess this drug if you have a valid prescription, simple possession of oxycodone without a prescription can result in up to a year in prison or a $5,000 fine. If you’re convicted of intent to sell, the penalty can include at least two years in prison and a fine of $5,000 or more.

Heroin: Heroin possession carries harsher penalties, as it is subject to mandatory minimum sentencing. You may face up to one year in prison and a fine of $5,000, even if you have less than one gram of heroin and it’s your first offense. For repeat offenses and intent to distribute, penalties increase.

Cocaine: For a first offense, you may be subject to one year in prison and a $5,000 fine. A second offense can result in up to three years in prison and up to a $25,000 fine. If you’re convicted of cocaine possession with the intent to sell, you can be charged with a felony that brings up to 15 years in prison and a $25,000 fine.

Methamphetamine: Simple possession of fewer than five grams of methamphetamine can result in up to one year in prison and/or $5,000 in fines. If convicted of possession with intent to sell, you can face at least three years in prison, depending on the amount.

MDMA (ecstasy or molly): Penalties for MDMA include one year in prison and/or a $5,000 fine for a first-time offense. If you’re in possession of more than 100 grams with the intent to sell, you could face at least five years in prison and a $25,000 fine.

PCP: Simple possession of fewer than two grams of PCP can result in up to a year in prison and a $5,000 fine. If you’re convicted of PCP possession with the intent to sell, you may face two years of incarceration and a fine of up to $5,000 for up to 10 grams. For more than 100 grams, you can face up to five years in prison and a fine of up to $25,000.

Whether you’re facing charges for simple possession, a drug DUI or felony drug possession, always seek the counsel of a criminal defense attorney before speaking to law enforcement or prosecutors.  

The experienced team of drug crime attorneys at our full-service law firm is dedicated to fighting for our clients and ensuring your rights are protected. 

 This blog was originally posted on https://pa4law.com/penalties-for-drug-possession-in-pennsylvania/

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