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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Why You Need a Criminal Defense Lawyer if You've Been Charged with a DUI

Driving while under the influence of alcohol, marijuana, or other drugs is illegal in every state. Some drivers may not think getting behind the wheel after a few drinks is a big deal, but being charged with a DUI can have serious consequences. If you are facing DUI charges, it is critical to find an experienced DUI attorney to ensure your rights are protected. A defense lawyer can help you understand the charges you may be facing, and can help mitigate the effects of penalties like losing your license, incurring hefty fines, or being sentenced to probation or jail time.  

DUI Defense Attorneys Understand the Laws Surrounding BAC

A breathalyzer or blood test that shows a driver is at or above the legal limit will likely result in DUI charges. One of the most important aspects of understanding DUI charges is knowing how BAC (blood alcohol concentration) can affect your case. 

In Pennsylvania, a BAC of 0.08% is the legal limit, but a BAC that is .10% or above can lead to more serious penalties. For drivers under 21, the limit is .02%. Commercial truck drivers can be convicted of a DUI nationwide with a BAC level of .04%. It is also vital to keep in mind that even if your BAC is below the legal limit, other evidence can play a role in getting arrested for a DUI. 

DUI Cases Involving Drugs Can Be Complex

You can also be charged with a DUI if you are accused of driving while under the influence of drugs, including prescription medications and medical marijuana. You may be asked to take a urine test, blood test, field sobriety test, or all three. The tricky part about DUI drug charges is that some drugs—like

 Marijuana--can show up in these tests even if you haven’t used them for months. That’s why it is critical to find good DUI lawyers who understand the nuances of the law and how to build a solid defense against drug DUI charges. 

DUI Convictions Can Come with Serious Penalties

Penalties for DUI convictions vary from state to state. Some factors that can have an impact on sentencing include:

• Your BAC level

• Whether you have a previous DUI conviction 

• Aggravating factors such as driving with a suspended or revoked license, operating a vehicle with a minor in the car, or causing serious injury in a DUI accident

• Other factors specific to your case

Regardless of the circumstances, a DUI comes at a high financial cost. In Pennsylvania, even your first conviction can result in Fines up to $5,000, license revocation, and jail time. Multiple convictions can lead to a significant amount of prison time and permanent license revocation. 

In some cases, a DUI driver may be eligible for an Accelerated Rehabilitative Disposition (ARD) program, which allows first-time offenders to have their cases dismissed and record expunged if they successfully complete the program. Hiring a DUI defense lawyer who knows how to develop strategies to get charges reduced or dismissed is critical to protecting your financial future, livelihood, and freedom.

Our criminal defense lawyers for drunk driving cases thoroughly investigate the facts of your case. We know how to create effective defense strategies that may result in lesser charges, dismissal of your case, or a ‘not guilty’ verdict. Some common issues that can help with creating a solid defense include:

• An improper or impermissible breathalyzer, blood, or urine test; you were pulled-over without legal authority;

• You were pulled over without legal authority; you were interviewed without the 

• You were interviewed without the proper constitutional protections;

• Procedural errors; such as chain of custody; or

• Insufficient evidence.

Contact a Top DUI Attorney Today

If you or a loved one has been charged with a DUI, it’s important to act fast to protect your rights. Contact us online or call 610-444-0933 to schedule a free consultation with an experienced DUI attorney. Perna & Abracht, LLC represents clients throughout Southeastern Pennsylvania.

This blog was originally posted on https://pa4law.com/why-need-criminal-defense-lawyer-charged-dui/

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What Happens if I Violate My Probation?

Probation is an alternative to imprisonment that may be imposed after a guilty plea or criminal conviction. It allows individuals to remain in their community under certain conditions, typically under the supervision of a probation officer. If you are on probation, it is important to know exactly what is required to avoid a violation. Criminal defense lawyers can help you understand your rights and assist you if you are found to be in violation of your probation.  

Types of Probation in PA

There are several types of probation in Pennsylvania, including:

• Unsupervised / Informal Probation – This type of probation is granted to low-risk offenders—either in-person or via telephone.

• Supervised Probation – Offenders are required to periodically report to a probation officer.

• Community Control – Typically involves the use of a GPS ankle tracker while on house arrest, commonly referred to as Electronic Home Monitoring.

• Shock Program – Offenders first serve a short jail sentence and are then placed on probation. This is intended to “shock” them into compliance with probation terms, or to prevent the commission of future offenses.

• Intensive Supervision – This type of probation is very structured and involves rigorous supervision, programs, and costs.

There are several factors that can affect the terms of probation, including the type of crime and whether a sentence is imposed by federal, state, or county courts. Regardless of which type of probation you may be serving, violations of terms can have serious consequences. 

Probation Violations

Different jurisdictions have varying standards for what constitutes a probation violation. There are two types of general probation violations in Pennsylvania: technical violations and criminal offenses.

Technical violations occur when an offender fails to meet the terms and conditions of their probation. Terms of probation may include:

• Contacting your parole officer as scheduled

• Drug and alcohol testing

• Notifying your probation officer about changes in employment and where you live

• Remaining employed or in school

• Finishing mandatory drug or alcohol counseling

• Paying fees, fines, and restitution

If you are arrested for a crime while on probation, it is considered an automatic violation and your probation officer can arrest you immediately, or lodge a “detainer” if you are already incarcerated. You are entitled to a probation hearing in which you can have an attorney to represent you. A judge can modify the terms of your probation or decide on another course of action, such as incarceration.

For example, if you are on probation for contempt of court because you failed to pay child support, you may face jail time if you miss payments. A child support lawyer can help you understand the terms of your probation so you can take care to avoid any violations.

What if I Violate My Probation?

Many factors can have an impact on what happens if you violate your probation, including the severity of the crime, whether it is your first violation, and other issues. Depending on the circumstances, a judge may:

• Revoke probation and require you to go to jail for the remainder of your sentence

• Revoke probation and add another sentence, up to the maximum for your original crime

• Extend your probation

• Modify your probation terms to include more sever supervision

• Require mandatory enrollment in counseling or a drug and alcohol rehabilitation program

• Order additional community service

Probation violations can have a ripple effect that can impact your employment, family, and other aspects of your life. If you are dealing with custody issues due to a violation of probation or a Protection from Abuse order (PFA), it is critical to contact a child custody attorney right away.

Whether you need assistance with criminal charges, a probation violation, or are trying to find a divorce lawyer, our experienced team can help.

This blog was originally posted on https://pa4law.com/what-happens-if-i-violate-my-probation/

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The Tragic Impact of Anesthesia Awareness on a Patient and His Family

Anesthesia is a modern miracle that has had an impact on millions of lives since its invention in 1846. However, there are risks involved when a patient undergoes anesthesia. One of these risks is anesthesia awareness, which can occur when a patient wakes-up during surgery. This kind of event can be very traumatic and even led to the tragic death of a West Virginia pastor, leaving his family stunned and heartbroken. If you or someone you love has suffered the effects of anesthesia awareness, having your case evaluated by good medical malpractice lawyers is vital. 

How Does Anesthesia Awareness Happen?

When you have surgery, two types of anesthesia are usually administered. First, a paralytic is administered, which leaves you completely unable to move. The second type that is administered is designed to prevent pain and cause a loss of consciousness. Typically, patients’ eyes are taped shut during surgery as well, which means that if they wake-up during surgery, they cannot move and are unable to alert anyone that they are conscious of what is happening. If the paralytic works, but the anesthesia that is supposed to render a patient unconscious does not,  the patient may feel everything that is happening, but be unable to do anything about it.  

Is Waking Up During Surgery a Common Occurrence?

According to the Joint Commission on Accreditation of Healthcare Organizations, studies show that anesthesia awareness may happen in 0.1 percent to 0.2 percent of surgeries involving general anesthesia in the U.S. Half of all patients who experience anesthesia awareness report mental distress after their procedure. Many suffer from conditions such as PTSD, anxiety, depression, nightmares, and other long-term psychological effects. 

Sherman Sizemore’s Story

In 2006, Sherman Sizemore underwent exploratory surgery to determine the cause of recurring abdominal pain. The paralytic was effective, but the inhalational anesthesia was not. He was unable to move or speak and felt everything that was happening to him. Because his eyes were taped shut, he couldn’t see, which was likely terrifying. 

The medical team didn’t know that Mr. Sizemore was awake until 16 minutes into the surgery. They gave him an amnesia-inducing drug after they realized what occurred and did not inform him that he had been awake during part of the procedure. Although Mr. Sizemore was unable to remember exactly what happened, he knew something was wrong. 

Shortly after surgery, Mr. Sizemore began having panic attacks, insomnia, and nightmares. He also believed that people were trying to bury him alive. At 73 years old, he’d never had any psychological issues before the surgery. Tragically, two weeks after the operation, he committed suicide. In this type of situation, the best medical malpractice lawyers in Pennsylvania would likely recommend that the family consider bringing a wrongful death lawsuit against any negligent medical providers. 

The Family Takes Action

After the loss of their father, Mr. Sizemore’s daughters filed suit against Raleigh Anesthesia Associates. In their lawsuit, Mr. Sizemore’s family claimed that he was awake and felt agonizing pain during surgery. They reported that after the operation, he began behaving strangely – he complained of being unable to breathe, and although he was afraid to be left alone, refused to see his grandchildren. The lawsuit also alleged that Mr. Sizemore was plagued by doubt, wondering if he had imagined the excruciating pain. If Mr. Sizemore had been properly informed about what had happened during his surgery, he may have been able to get the psychological help needed. Their wrongful death claim was settled confidentially in 2008.

If you or a loved one has been affected by anesthesia awareness, our malpractice lawyers in West Chester, PA can help. Our experienced medical malpractice attorneys in Chester County, PA serve clients in Delaware County and other Pennsylvania counties as well. 

This blog was originally posted on https://pa4law.com/tragic-impact-anesthesia-awareness-patient-family/

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How a DUI Can Affect Your Professional License

Earning a professional license takes years of hard work, dedication, and costly education. Whether you work in health care, public service, transportation, or another occupation, your professional license could be in jeopardy if you are convicted of a DUI. Experienced criminal defense lawyers understand that your livelihood may be on the line, so it is critical to find one right away if you have been charged with a DUI. They can provide an aggressive defense that may help you get charges reduced or dismissed, which in turn can eliminate or lessen the impact that a DUI can have on your career and reputation. 

Professions that Can Be Impacted By a DUI Conviction 

Commercial Vehicle Drivers

If you have a commercial driver’s license (CDL), you can be charged with a DUI if your blood alcohol content (BAC) is .04% or higher. The penalties for CDL drivers are stiff – depending on the circumstances, you could lose both your CDL and personal driver’s license for years. If it is your second DUI offense, you may lose your CDL permanently.  If you are involved in an accident while under the influence, a car crash injury lawyer can use this information against you in any claims or lawsuits that may arise. 

Doctors

Typically, a physician who is convicted of a DUI must appear in front of his/her state’s medical licensing board. In Pennsylvania, if you are charged with or convicted of a DUI, you have 30 days to notify the Pennsylvania State Board of Medicine. If you fail to report a DUI conviction or the board determines that you are unfit to practice medicine, you can lose your license. Your medical malpractice insurance may also increase.

Dentists

When dentists apply for or renew their dental license, they must report any DUI convictions. The PA State Board of Dentistry reviews each case and determines consequences on a case-by-case basis. 

Nurses

In Pennsylvania, licensed RNs, LPNs, CRNPs, LDNs, and CNSs must notify the State Board of Nursing of pending criminal charges and a DUI plea, conviction, or participation in ARD (Accelerated Rehabilitative Disposition). Failure to disclose a DUI conviction to the Board can result in a loss of your nursing license.

EMTs

Emergency Medical Technicians must report a DUI arrest and/or conviction to the Pennsylvania Department of Health which then has the right to revoke your EMT license. If you are applying for an EMT certification, and have been convicted of DUI within the previous four years, you may not be able to become certified at all.

Pharmacists

The Pennsylvania Board of Pharmacy may question your judgment, character, fitness, and ability to serve the public as a licensed pharmacist if you are convicted of a DUI or complete an ARD program due to alcohol and/or drug charges. Although each situation is assessed on a case-by-case basis, if you are convicted of a felony, you may lose your license permanently.  

Pilots

The Federal Aviation Administration and the Civil Action Security Division require licensed pilots to report a DUI conviction within 60 days. If you don’t, your pilot’s license can be suspended or revoked.

Other Professionals that Can be Affected by DUI Charges

Police officers, firefighters, teachers, and other public service workers may be disciplined for DUI convictions as well. Each municipality and school system handles these matters in its own way. Attorneys and accountants also run the risk of their professional license being suspended or revoked if they are convicted of a DUI. 

Regardless of what you do for a living, if you have been charged with a DUI, it is critical to seek the counsel of an experienced DUI defense attorney who will fight for your rights.

This blog was originally posted on https://pa4law.com/how-a-dui-can-affect-your-professional-license/

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