An accident with a large transport truck is always extremely dangerous and often results in serious injury or death. Merely being on the road in between two trucks is enough to convince some to stay off the highways. A recent article in the Huffington Post illustrates the growing problem with truck accidents. Titled, “Trucks are Getting More Dangerous and Drivers Are Falling Asleep at the Wheel. Thank Congress: The inside story of how the trucking industry and politicians conspire to make our highways less safe.” The authors demonstrate how Congress has conspired with large shipping companies such as Walmart and Federal Express to lower the safety standards and increase profits at the public’s expense.
The article discusses many fatal trucking accidents where truck drivers were criminally negligent—from the accident that nearly killed actor Tracy Morgan, to one in July 2015 that killed a mother and two small children. And the horror is increasing. Drivers are pushed too hard, driving too long of hours, using stimulants, and exceeding the safety limitations. One cause of these accidents were less checks on drivers and companies to make sure that they followed the rules. There is a trend in the United States Congress that has deregulated the trucking industry, making it easier for drivers to drive for days on time without sufficient breaks. (more…)
What is worse than Tax Day? Having to hire a criminal tax lawyer on Tax Day. Generally speaking, the Internal Revenue Service just wants your money. If you are behind or late in paying your taxes, contact the IRS directly and they will work with you. You, of course, will need to pay interest and penalties for being late, but you will not go to jail or face criminal charges.
When do you need a criminal tax lawyer to defend you against the Federal Government and the IRS?
1. If federal agents show up at your house or business, this is a sure sign that you need a lawyer. They will attempt to and are allowed to speak with you and solicit admissions. But they will use your words against you in prosecuting you for tax fraud. If federal agents come knocking at your door, hire a lawyer before saying anything. (more…)
R. Emmett Madden, Esquire is proud to announce his recent appointment by Chairman Josh Shapiro to the Pennsylvania Commission on Crime and Delinquency (PCCD). The PCCD is a group of Pennsylvania’s top experts on criminal justice issues including judges, justices, police chiefs, and heads of many of the most important criminal justice agencies (probation officers, district attorneys and public defenders). The Crime Commission makes recommendations to the governor and legislature regarding important issues facing all citizens.
Topics currently being reviewed or discussed by the PCCD:
1. Body Worn Cameras (BWC’s) for Law Enforcement.
The Commission is studying the use of BWC’s by law enforcement and making recommendations about when these videos should be given to defense attorneys and defendants. Some questions include: When, if ever, can these videos be released to the public? And do such cameras and videos coincide with Pennsylvania’s relatively strict privacy laws? The Commission hopes to make recommendations for their use statewide. (more…)
This recent article discusses a big victory for redemption and opportunity. Recently, thanks to the help of Philadelphia Community Legal Services and other attorneys, the courts have overturned lifetime bans against those convicted of felonies from working in the eldercare business (such as in nursing homes or home health care).
Prior to this court decision, those who had been convicted of any felony at any time in their life, despite whatever moves they may have taken to improve themselves, were forever banned from working with the elderly. Although there may be circumstances under which certain convicted felons should not be able to work with the elderly, a blind lifetime ban is not the solution. Happily, this is no longer the law in Pennsylvania.
If you are a convicted felon, you are not allowed to be discriminated against solely because of this fact. Employers must look at the entire person, their background, and their history. If you believe you have been denied employment because of your criminal record, then ask your potential employer for their reason in writing. If that reason is solely based upon the prior felony conviction, then you must let them know about this decision. This could be the difference between gainful employment or not. If you need help in this matter, or any legal issues, please call The Philly Lawyers at 215-884-9300.
Is a DUI a felony? The simple answer is “no.” In Pennsylvania, driving under the influence is not a felony. Driving under the influence is always a misdemeanor.
There are, however, some important clarifications. The real question is why do you need to know if a DUI is a felony
Are you concerned because you believe that your DUI is more serious than others and therefore may be considered a felony?
There are many factors that make certain DUIs seem far more serious than others. The first is:
Driving under the influence while causing an accident and causing serious bodily injury to another is in fact a felony. Under circumstances where you cause an accident, or even if you do not cause the accident, but you are driving under the influence, you can be charged with and found guilty of a felony. Charges are even worse if the injuries you caused to another person are serious bodily injuries. You may be looking at a far greater sentence and a felony conviction if you are charged with driving under the influence and causing serious bodily injury to another person. (more…)
Last Saturday in Philadelphia, twenty pounds of cocaine were seized by customs at the Philadelphia International Airport. By any account, this is a very large amount of cocaine. In this situation, the cocaine does not appear to have been taken from any single person, but rather from bags found in the cargo hold.
This raises the important question as to what to do when you are searched by customs officials. We must understand that our regular constitutional rights and freedom from being searched do not apply in an airport setting. No one has a constitutional right to board an airplane and therefore one must comply with the safety standards. Obviously, the best way not to be stopped with contraband when coming on or off an airplane is to make sure that one never has contraband. Sometimes, however, people mistakenly leave certain things in their luggage. (more…)
A recent editorial in the New York Times discusses the important topic of criminal records and their effect on people’s ability to work and reintegrate in society. In this age of hyper vigilance and excess information, employers more and more are using background checks as an initial way of weeding out potential employees. We have gotten to a situation where any individual with a criminal background is essentially precluded from ever holding employment. This is obviously a ridiculous result. This is not limited to restrictions making sense, such as keeping dangerous people out of schools, but extends to every area and profession. (more…)
In the State of Pennsylvania, there are mandatory minimum sentences for cases of driving under the influence. This means that if you plead guilty or are convicted of the charge of driving under the influence, there is a required minimum jail sentence and license suspension that you must receive. The judge has no discretion but to give you at least the minimum amount of incarceration and license suspension. This means (more…)
