What You Need to Know About Teen Sexting Laws in Pennsylvania

Sending nude or sexually explicit images via electronic communications such as text, social media, and email is known as “sexting”. Unfortunately, it has become a common practice for teenagers, so Pennsylvania has enacted specific laws that deal with teen sexting. If your child is facing these types of charges, it’s important to find a criminal defense attorney who has experience handling teen sexting cases. 

Why are There Specific Sexting Laws for Teens? 

Many teens do not possess good judgment and may send sexually explicit images to their peers. These images may be considered child pornography, which can come with harsh penalties if someone is convicted of a crime. To keep teenagers from having to endure lifelong repercussions such as prison time and being branded as sex offenders, many states have created sexting laws that apply to certain behavior by minors. 

Although these crimes are usually charged as misdemeanors, if a teen’s conduct is particularly harmful, they can still face felony charges.  An experienced sex crimes lawyer can investigate the facts of your case and determine which types of charges and penalties may apply. 

Teen Sexting Law in Pennsylvania

Under Pennsylvania law, the electronic dissemination of "sexually explicit images" by minors is typically charged as a summary offense or misdemeanor. Images that involve nudity or show a minor's genitals, pubic area, breasts, or buttocks in a sexual manner are considered sexually explicit. Typically, penalties are based on the severity of the conduct involved, and the motivation for sending the explicit images.

A minor who knowingly sends a sexually explicit selfie may be charged with a summary offense, which is the most minor type of criminal offense in Pennsylvania. If a minor knowingly possesses or views a sexually explicit image of another minor age 12 or older, it is also considered a summary offense. 

Sharing, sending, or publishing an image of another minor is a third-degree misdemeanor. If an explicit image of another minor is taken without permission and with the intention to harass, intimidate, or cause emotional distress, a minor can be charged with a second-degree misdemeanor. 

Penalties for Teen Sexting 

Penalties for a summary offense include up to 90 days in a juvenile detention center and a $300 fine. However, the minor will first be referred to a diversion program, which educates them on the consequences of sexting. If they successfully complete this program, charges will be expunged. 

A third-degree misdemeanor can involve one year in a juvenile detention center and a $2,500 fine. Second-degree misdemeanors may come with a $5,000 fine and two years of incarceration. A teen’s phone and other devices may also be permanently confiscated.

More harmful acts such as sending images of children engaged in sexual acts or images of children younger than 12 are prosecuted under stricter child pornography and obscenity laws. These convictions carry more severe sentences, including sex offender registration requirements. 

A Criminal Defense Attorney Can Protect Your Rights

If your child is facing charges relating to sexting with minors, it is critical to contact a local criminal defense attorney as soon as possible. Our team of experienced attorneys includes drug crime lawyers and domestic violence lawyers as well. Whether you need help with criminal defense due to teen sexting charges or you are seeking a Protection from Abuse order, we provide legal representation and services you can trust. 

This blog was originally posted on https://pa4law.com/teen-sexting-laws-in-pennsylvania/

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What To Do If You Are Facing Prescription Drug Charges In Pennsylvania

Prescription medications can be helpful for those who suffer from severe pain, anxiety, and other medical conditions. However, addiction to these powerful drugs has become an epidemic in the United States and has led to people attempting to get them any way they can. Possessing prescription medication that has not been expressly prescribed to you is against the law, as are theft of prescription pads and forgery of physicians' signatures. If you or a loved one is facing charges related to the illegal possession or sale of prescription drugs, you are not alone. A criminal defense attorney can protect your rights and assist you with finding the help you need. 

A Prescription Drug Conviction Can Be Life-Changing

Being convicted of possession of a controlled substance oft-related charges such as theft and forgery—

 is life-altering. Prescription drugs involved in these types of charges often include narcotic pain relievers, depressants, stimulants, and ADHD, anti-anxiety, and sleep medications. 

Penalties for these charges are similar to those for other drug crimes. In addition to serving prison time and paying hefty fines, you may be forced to give up your professional license and have difficulty finding work in the future, not to mention the negative impact it can have on your loved ones and your standing in the community. Depending on the circumstances, an experienced drug crime lawyer may be able to help get charges reduced or dismissed, which can mitigate the damage of a conviction. 

Contact an Attorney Immediately

Clients facing drug charges often need help, not jail time, but sentences involving prescription drug fraud can be harsh. Regardless of the type of charges, any time you are arrested it is imperative to contact an attorney as soon as you can. Do not answer any questions or give  statements  to law enforcement officers or prosecutors without your lawyer present. It is also essential to find a defense attorney who knows how the criminal system works in these types of cases, and when alternative penalties such as treatment may be available. 

Defenses for Drug Crimes

Your lawyer will also investigate the facts surrounding your case to determine whether police or prosecutors followed proper protocols during the legal process. There are many different ways to approach drug crime defenses, and your lawyer will figure out which defenses may apply in your case.  They may challenge the evidence or testimony, point out procedural errors, or present an affirmative defense that shows you were acting legally. Each situation is unique, and your defense will depend on the specific circumstances surrounding your case.

If you are facing prescription drug charges, don’t wait to get in touch with a criminal defense lawyer. Our team of drug crime attorneys, sex crimes lawyers, and medical malpractice lawyers in Chester County, PA are here to serve all your legal needs. 

This blog was originally posted on https://pa4law.com/prescription-drug-charges-in-pennsylvania/

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Alcohol and Domestic Abuse: A Dangerous Combination

Alcohol use and domestic violence often go hand-in-hand. Although abuse is not caused by addiction, when someone is under the influence of alcohol or drugs it can make them much more prone to losing control or acting on violent urges. Whether you are a victim of abuse or have been accused of domestic violence, it is important to understand how alcohol use may impact your case. An experienced domestic violence lawyer can help you make sense of it all, and advise you of the best course of action to protect yourself and/or your children.

Correlation Between Alcohol Abuse and Domestic Violence

According to the World Health Organization (WHO), approximately 55% of people who commit domestic abuse did so while drinking. In addition, women who experience domestic violence are up to 15 times more likely to use alcohol. 

A study conducted by the University of Minnesota showed that people who are already predisposed to violent behavior may also be more susceptible to substance abuse.  Specifically, children who grow-up in households where domestic violence and alcohol are prevalent may be at greater risk of becoming abusers and/or substance users later in life.

Distorted Perceptions Can Lead to Violence

Alcohol affects one’s ability to perceive, integrate and process information. Although distorted perceptions and poor judgment are not causes of domestic violence, they increase the risk that the user will misunderstand another’s behavior. This is true for the abuser and the victim if they are both drinking. 

If you are in an abusive relationship, finding an affordable divorce attorney who can help you obtain a protection from abuse order is one way to extricate yourself from the situation. An experienced family lawyer can also provide vital support that empowers you to take action and break the cycle of abuse and addiction. 

Similarities Between Alcohol Addiction and Domestic Violence

Domestic abuse and alcohol addiction have common symptoms that may be managed with the right kind of treatment. These include:

• Continuing to take part in negative behaviors despite undesirable consequences

• Feelings of shame and guilt as a result of the behaviors

• Denying or lying about involvement in the behaviors

• Loss of control

• Escalation or worsening of the behaviors over time

When alcohol use and domestic violence are co-occurring, the likelihood of dangerous—even 

 Fatal— consequences increases. Intoxication can result in an abuser being unaware of the severity of the damage he/she is causing to a victim. On the other hand, if a victim is under the influence, they may be unable to recognize their injuries or ask for help. Regardless of which role each person plays, both domestic violence and alcohol abuse cause deep feelings of shame that often keep people from seeking help. If you have been charged with domestic violence, your criminal defense lawyer can help you get the resources you need to find treatment for addiction and other behavioral health issues. 

How a Family Law Attorney Can Help

Domestic violence can impact divorce and custody matters as well. If you have children, it’s important to find the best child custody lawyer you can. An attorney can assess your case, advise of your options, and help protect your rights.

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/alcohol-and-domestic-abuse-a-dangerous-combination/

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Facing Drug DUI Charges in Pennsylvania? Here’s What You Need to Know

Driving under the influence of drugs is a serious crime in Pennsylvania. Even a first-time drug DUI offender may lose his or her driver’s license and face costly fines and jail time. In some cases, a motorist and passenger may also be charged with possession or other drug crimes which can have very serious repercussions. If you’ve been charged with a drug DUI, it’s critical to contact a DUI defense attorney before you speak to any law enforcement officers or prosecutors. 

Drug DUIs in Pennsylvania

Under Pennsylvania law, driving under the influence of a controlled substance is a criminal offense. This means it is illegal to drive or operate a vehicle if:

• Any amount of a Schedule I controlled substance is in your blood

• A Schedule II or Schedule III controlled substance is in your blood (sometimes you can be charged even if you have a prescription for the drug)

• A metabolite of a Schedule I, II or III drug is in your blood 

• You are under the influence of an intoxicating inhalant or solvent 

• You are under the influence of any drugs or alcohol to a level that impairs your ability to safely drive or be in actual physical control of a vehicle

Drug Schedules

Some common controlled substances are categorized as follows:

• Schedule I – heroin, MDMA, marijuana, LSD, bath salts, and Quaaludes

• Schedule II – cocaine, fentanyl, hydrocodone, Demerol, Adderall, Ritalin, methamphetamine, and methadone

• Schedule III – ketamine, codeine, and anabolic steroids

• Schedule IV – Valium, Xanax, Ativan & other benzodiazepines, Ambien and Tramadol

• Schedule V – Medicines such as cough syrup and other drugs

Regardless of which type of drug you are accused of using, your drug crime lawyer can help you understand how controlled substance schedules may apply to your case. 

Ways You Can Be Charged with a Drug DUI

If you are charged with a per se violation, this means that if you have any amount of a Schedule I, II, or III drug in your system, you can be found guilty of a DUI. Prosecutors do not need proof that you were legally impaired—if you have a prohibited drug in your system, you may be found guilty. There are exceptions for those who have valid prescriptions for certain drugs. 

You can also be charged with a drug DUI in Pennsylvania based on impairment. Police test for impairment and the presence of drugs in several ways. Field sobriety tests enable them to look for signs like lack of coordination, poor balance, and dilated pupils. In some cases, a police officer may call in a trained Drug Recognition Evaluator to the scene. If you refuse to comply with blood or urine testing, you will automatically be charged with a DUI and may face an implied consent violation as well. Penalties vary depending on the specific circumstances. 

Defenses to Drug DUI Charges in Pennsylvania

If you’ve been charged with a drug DUI, all is not lost. The best criminal defense lawyers are adept at finding ways to dispute DUI charges and help clients avoid serious consequences like losing a professional license or job. Some common defenses include:

You were not impaired. Lack of coordination, poor balance, and dilated pupils can all be symptoms of other medical conditions. If you’ve been charged with an impairment-based DUI, and no drugs were found in your system, your defense lawyer may argue that there is insufficient evidence to prove impairment.  

Your drug test was inconclusive. If your blood or urine sample was tainted, the testing device was defective or the methodology used was unreliable, you may have a viable defense for a drug DUI.

Your rights were violated. If the police violated your constitutional rights, the evidence against you may be inadmissible in court.  Without evidence, the prosecution doesn’t have a case. 

Contact a Pennsylvania Drug Crimes Lawyer 

If you’re facing drug DUI charges, you are entitled to competent legal counsel. Our drug crimes lawyers, car crash injury lawyers, and experienced team of legal professionals fight to protect clients’ rights throughout eastern Pennsylvania.

This blog was originally posted on https://pa4law.com/drug-dui-charges-in-pennsylvania-what-you-need-to-know/

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Possible Defenses for Domestic Violence Charges

Arguments can get heated in any family, and sometimes things escalate to a point that leads to serious consequences. Regardless of whether the allegations are true, if you or a loved one are accused of domestic violence, contacting an experienced criminal defense attorney is a must. There are several common defenses to domestic violence charges, and a lawyer can assess your case to determine a defense strategy and help you explore all possible legal remedies. 

False Allegations

Unfortunately, some allegations of domestic violence simply are not true. Yet, if false allegations can destroy lives. For example, an accused parent may lose custody of their children, their job, their home and even their freedom. A Protection from Abuse order (PFA) based on false allegations can leave a permanent stain on your record and reputation, and there are ways to prove that allegations of abuse are false. 

Your domestic violence lawyer can review police reports, 911 recordings, witness statements, and other evidence to show inconsistencies in an accuser’s story. The absence of injuries, lack of corroboration, and proof of a vendetta against the accused are just a few types of evidence that may be used to prove that domestic violence allegations are untrue. Another way your attorney may show that you did not commit abuse is to obtain proof of an alibi if you were not present at the time the incident allegedly occurred. 

Defense of Self or Others

Another common defense strategy is to prove that the accused was acting in self-defense. In these types of cases, your lawyer will utilize evidence to show that the alleged victim inflicted or intended to inflict physical harm, and that the defendant used reasonable force to protect themselves. If the person accused of abuse used force to defend a party such as a child or another household member, this may be a viable defense as well. 

It is important to understand what the law views as “reasonable force.” For example, if a husband slaps his wife and she punches him back, this could be considered a reasonable response to protect herself. However, shooting him may likely be considered excessive or unreasonable force. Self-defense claims in domestic violence cases can be complex, and require the experience and knowledge of good defense attorneys. 

Investigative Errors

Federal and state laws surrounding domestic violence investigations are unique. They often favor the alleged victim and include specific procedures that must be followed by police. Even if you committed domestic violence, if police or prosecutors made procedural errors during your arrest or the investigation, your attorney may be able to get charges dismissed or obtain an acquittal. Some common errors that law enforcement often make include:

• Arresting you or conducting a search without probable cause

• Failing to read your Miranda rights before questioning

• Denying your request for an attorney

• Chain of evidence issues

In some states, police are required to make an arrest on behalf of the state, even if an alleged victim does not want to press charges. In every case, however, the state must prove the charges beyond a reasonable doubt. 

Be Candid with Your Attorney

When your freedom, reputation, and family are on the line, being completely honest with your domestic violence lawyer is vital. Your full cooperation and collaboration will help them develop the best defense possible. 

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430, or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/possible-defenses-for-domestic-violence-charges/

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How a Blood Type Error led to a Young Woman’s Death after an Organ Transplant

Hundreds of thousands of Americans are injured or killed due to medical mistakes each year. These errors are usually preventable and can lead to tragic events that leave families devastated. One notable case of egregious medical malpractice involved 17-year-old Jesica, a patient at Duke University Hospital. In 2003, she received a heart-lung transplant at the prestigious hospital, but passed away due to a blood type error. 

Malpractice lawyers in Chester County, PA and around the globe kept a close eye on this case to see if the family attained the outcome they deserved for the loss of their daughter. Although her family ended-up settling with Duke for an undisclosed amount, even the best medical malpractice lawyers in Pennsylvania know that no amount of money can ever erase the pain of losing someone you love. 

Jesica’s Story

Jesica suffered from a life-threatening heart and lung disorder that drove her parents to bring her to the U.S. from Mexico to receive the medical treatment she desperately needed. On February 7, 2003, Jesica received a heart-lung transplant at Duke University Hospital. The surgery was performed by a highly respected pediatric cardiac surgeon who had performed more than 100 heart transplants. 

About five hours into the surgery, the surgeon got word from a technician in the immunology lab, who told him that the organs, which were from a type A donor, did not match Jesica’s blood type, which was type O. This led to the antibodies in her blood attacking and destroying her new organs. The surgeon told Jesica’s parents about the error shortly after surgery, but Duke University Hospital didn’t inform the public for 11 days, when they finally made an announcement seeking another donor. Although she received new organs 13 days after her initial surgery, Jesica slipped into a coma and died on February 22, 2003. 

How Did This Blood Type Error Happen?

More than a dozen people at Duke and the organ donation organizations were responsible for acquiring a new heart and lungs for Jesica. So what went wrong? How did someone fail to catch this grave error? Sadly, a failure to communicate basic information was the main cause – no one ever cross-checked her blood type to make sure it was a match before surgery. 

UNOS, the national organization that coordinates some organ donation services throughout the country, already had a policy that required blood types of donors and recipients to be matched before releasing any organs. However, no one at any organization involved ensured that Jesica’s blood type and the organs were a match. The surgeon took responsibility for the error and an investigation led to the hospital implementing new procedures to prevent similar errors from occurring. 

Blood Type and Transfusion Errors

These types of cases are complex and can be challenging to win, so having an experienced attorney by your side is critical. Although Jesica’s family was left heartbroken without their daughter, one positive aspect of this incident is increased transplant safeguards, and increased awareness of organ donation by the general public.

In addition to mistakes involving blood type, Good medical malpractice lawyers are well-versed in other blood-related errors, such as: 

• Incorrect blood type analysis

• Dispensing the wrong blood product

• Improperly-labeled blood products

• Blood administered to the wrong patient

• Expired blood products

How a Medical Malpractice Attorney Can Help

Regardless of the type of error, if you believe you or a loved one was hurt due to a mistake by a medical professional or organization, our medical malpractice lawyers in Delaware County PA and malpractice attorneys in Chester County, PA can assess your case, advise you of your options, and help you hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/how-blood-type-error-led-womans-death-after-organ-transplant/

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When Can You Claim Self-Defense?

In Pennsylvania, charges like assault, domestic violence, and homicide can come with serious repercussions that affect you for the rest of your life. If you believe that you have grounds to claim self-defense or defense of others, it is important to understand that this approach must be raised by a skilled attorney. Before you speak to any law enforcement officers, prosecutors or anyone else make sure to discuss your case with an experienced criminal defense lawyer. 

What is Self-Defense?

In certain circumstances, claiming self-defense or asserting that you were defending others can be an effective defense that results in a verdict of not guilty. For self-defense to be considered justified, the use of force must be immediately necessary, and you must have no choice and must reasonably believe the use of force was necessary to protect yourself or others from imminent bodily harm. 

Elements of a Self-Defense Case

Although the state has the burden of proof in criminal defense cases, for self-defense to be a viable strategy, it is important to show that certain factors influenced your decision to respond with force. These elements include:

Belief – The first element of self-defense is subjective belief. This means that you must have reasonably believed that you or someone else was in imminent danger at the time of the use of force.  

Immediate Necessity – In addition to believing that the use of force was necessary, you must also believe that it had to be used immediately. If there was any possibility that you could have retreated or was only a threat of future harm, self-defense may not work. Although Pennsylvania does have a “stand your ground” law, it only applies in limited circumstances. 

Unlawful Force – Self-defense can only be used when someone is confronted with the use of unlawful force. In certain circumstances such as an arrest, the use of force can be lawful. For example, if you injured or killed a police officer while resisting arrest, typically self-defense would not apply. 

Present Occasion – Fear of harm must be present at the time when force is used in self-defense. Even if someone attacked you in the past, you may not initiate an unprovoked attack and then claim self-defense. For example, if you have been abused by your spouse and have left the home, you should call the police and a domestic violence lawyer instead of attempting to find justice or revenge by preemptively attacking your spouse the next time you see him or her. However, knowledge of someone’s violent past behavior can affect the determination of whether your use of self defense was “reasonable.” 

Establishing Self-Defense or Defense of Others

The prosecution will work hard to disprove your claim of self-defense, so, it is important to have an attorney who knows how to put together all of the evidence and build a solid case. Some common types of evidence that can be valuable in self-defense cases include: 

• Eyewitness testimony 

• Footage from security cameras, phones, and other recording devices

• Photographs and medical records of any physical injuries you sustained 

• Damaged clothing and personal items

• Any other evidence that is relevant to your specific circumstances

Communications such as text messages, emails, and voicemails that preceded the incident can be particularly important in cases involving domestic violence. Regardless of the circumstances, if you have been charged with murder, assault, or another violent crime, you are entitled to competent legal representation. 

If you or a loved one is facing criminal charges, our defense attorneys may provide the quality legal counsel you can trust.

This blog was originally posted on https://pa4law.com/when-can-you-claim-self-defense/

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