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…)
Philadelphia is the land of lawyers. Arlo Guthrie famously sang about the legendary Philadelphia lawyers in his song Philadelphia Lawyer. Looking in the Webster’s Dictionary for the definition of “Philadelphia lawyer” one sees the reputation that Philadelphia has for tenacious and creative lawyers. So in the city of so many lawyers how does one find the best? Intelligence and creativity are essential elements of any lawyer. New studies published in both The New York Times and Bicycling Magazine suggest that if you want a smart and creative lawyer with a finely-tuned brain, then you want a cyclist.
Bicycling Magazine recently cited a study finding those with greater leg power sustained their cognitive ability and brain health far longer than their weaker-legged counterparts. The New York Times examines a recent study showing that exercise not only improves one’s cognitive abilities, but can change the brain, making it stronger. (more…)
Recently, the Philadelphia Inquirer reported that an inordinate amount of infections were contracted by patients of open-heart surgery at two local hospitals.
In the article, Penn State Hershey Medical Center admitted that they were contacting over 2,300 patients who they feared could be exposed to infections during open-heart surgery. It is believed that the infections were caused by circulating water being aerosolized through an exhaust vent of heater coils used on the bypass machine during surgery. (more…)
A school bus accident reported in the Philadelphia Inquirer raises the important question of who is responsible when passengers on a school bus are injured. The article titled “Driver in fatal Lehigh U-team bus Crash Identified”, speculates that a driver fleeing the police after a traffic stop caused the accident. Even in a situation where the accident was caused by the criminal conduct of another, there is still the ability to recover financially for injuries. Too often, those engaged in criminal activity are driving an uninsured or stolen motor vehicle. In this situation, the passengers of the school bus and the driver will contact their own Under-Insured Motorist Coverage. (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…)
After being injured in an accident, an immediate concern is paying for your medical treatment. Payment of medical treatment should never stop you from getting the essential medical care. The law in Pennsylvania mandates that automobile insurance pays for medical treatment after a car accident. If you have been injured in a car accident, it is imperative that you give the emergency room or any other medical care providers your car insurance information. Pennsylvania law requires that your car insurance pays for your medical treatment up to a certain amount. At a minimum, this provides you with $5,000.00 of medical coverage. (more…)
