Criminal Defense Insights & Legal News from Crouthamel Law
Your Rights When Being Questioned by the Police in Bethlehem, PA.
When police stop to question you, you are protected by the U.S. Constitution. You have the right to be free from unreasonable searches, the right to remain silent, and the right to an attorney. These protections — guaranteed under the Fourth, Fifth, and Sixth Amendments and reinforced by the Miranda...
Key Differences Between a Felony and a Misdemeanor
In Pennsylvania, the main difference between a felony and a misdemeanor is the severity of the offense and the punishment it carries. Felonies are more serious crimes. They have the possibility of at least one year in prison (and sometimes far more) for a conviction. In contrast, misdemeanors involve less...
Does money from before your marriage still belong to you?
Before you got married, you’d saved up a certain amount of money that you brought with you to the marriage. Maybe you had an investment portfolio with $100,000 in it. This was not a marital asset because you weren’t married yet, so it was technically a separate asset that you...
What should you know about property division in divorce?
Going through a divorce is a challenging undertaking for anyone, but it can be more complex for those who have considerable assets. Anyone who’s in this position should be prepared to handle the property division process because this is often one of the most intense aspects of divorcing. In Pennsylvania,...
Common defenses against criminal charges in Pennsylvania
Getting charged with a criminal offense can be troubling and have potentially life-changing consequences. In such situations, mounting a robust defense is crucial. When facing criminal charges in Pennsylvania, several possible defenses may form part of your defense strategy. The defense of entrapment Your defense team may present the argument...
How state law can protect “Good Samaritans” from drug charges
Being around someone who suddenly appears to be suffering a drug overdose can be extremely stressful – particularly if you’ve also been using drugs. You fear that if you call 911 or go to a police officer or first responder for help, you (and they) will end up being arrested....
Why high driving is harder to identify than drunk driving
When people talk about driving under the influence, they often are referring to alcohol. But it’s important to remember that this is not the only way that someone can be arrested on allegations of impaired driving. It also counts as impairment if they’re under the influence of substances like marijuana....
What are the common types of drug charges in Pennsylvania?
Drug-related charges in Pennsylvania are taken very seriously and can have life-long consequences. These charges encompass various offenses related to controlled substances, both under federal laws such as the Controlled Substances Act and state statutes like the Pennsylvania Controlled Substances, Drug, Device and Cosmetic Act. Once arrested, you can get...
What could make your prenup invalid?
If your prenuptial agreement is invalid, the court can throw it out during a divorce. You may have been counting on that protection or expecting it. That’s why it’s so important to know in advance if the prenup may be invalid. But why would it be invalid? If both of...
Is co-parenting or parallel parenting better for you and your ex?
In the aftermath of a separation or divorce, establishing a parenting plan that supports your children’s needs while accommodating the realities of your new family dynamics is important. Making this effort can let both of you craft your expectations concerning your family’s new dynamics in informed ways. Two common approaches...
3 reasons to fight a DUI charge
Each year, a lot of people just accept the DUI charge the police give them. They plead guilty and accept the consequences. Reasons for doing so could include them thinking they have no chance of beating the charge or being put off by the fact that they would have to...
What’s first-degree murder in Pennsylvania?
If you intentionally kill someone in Pennsylvania, you could be charged with first-degree murder. It is the most serious homicide charge, and it carries severe legal penalties in the event of a conviction. Murder is a capital offense, and you may spend a lifetime behind bars or worse if you...
If you get divorced, what happens to your inheritance?
For many people, getting an inheritance from their parents is a path to retirement or financial security. They expect to get a substantial inheritance that can help to fund the lifestyle that they anticipate for themselves. When getting divorced, then, someone who has a substantial inheritance already may want to...
Will you go to jail for a first DUI offense in Pennsylvania?
A common question among many first-time driving under the influence (DUI) offenders is whether they will go to jail if they’re convicted. While jail time is a real possibility following a DUI conviction, it all comes down to the circumstances of an offense. If you’ve recently been arrested, there is...
Can the judge refuse a plea deal?
The majority of criminal charges never go to trial due to plea bargaining. A plea bargain is an arrangement where the defendant pleads guilty to the original charge or a lesser charge in exchange for a more lenient sentence. Plea bargaining can offer several benefits to both parties. However, it’s...
Protect yourself at a traffic stop as a medical marijuana user
There’s a lot of talk these days about the impact of medical marijuana users on “drugged driving” incidents – and that may have you understandably nervous if you have your medical marijuana card (MMC) and get stopped for a traffic violation. How do you protect yourself from a drugged driving...
Co-parenting considerations for the new year
As the new year is fast approaching, it’s an opportune time for co-parents to reflect on their parenting strategies and set goals for the upcoming 12 months. That means looking at what worked and what didn’t in your co-parenting arrangement over the past year. This reflection can allow you to...
Pennsylvania’s gender-neutral child custody laws
If you are a parent currently dealing with a child custody dispute, it can help to know what the law stipulates in your state. As you’ve probably already realized, child custody cases can be quite emotional and contentious. Familiarizing yourself with the facts can potentially ease your mind and help...
Stay out of the “Drinksgiving” DUI zone
Are you dreading Thanksgiving dinner with contentious relatives or competitive in-laws determined to one-up everyone with their deviled eggs? Or maybe it’s your first holiday without the kids and you’re looking to lift your spirits with a few bottles or cocktails. Either way, the night before Thanksgiving has developed the...
Do you have to let the police come inside?
If a police officer asks to come inside your house, do you actually have a choice? Is it actually a question or are they demanding to come inside? Regardless of how they phrase it, it does need to be a question. The officer needs your permission to enter your home....
Why do some parents have sole custody of their children?
The dynamics of family life have evolved significantly over the years. Today, when marriages or relationships break down, it’s commonplace for parents to seek joint custody of their children. Yet, some parents choose to fight for sole custody. There are a host of factors that can contribute to this decision....
Have you been denied access to your children?
In an ideal world, both parents would be able to remain amicable during and after divorce. Unfortunately, the reality can be much different. The prelude to your divorce may have been messy, with constant tension and arguing. Your former spouse may feel like they need to punish you once proceedings...
Don’t overlook the mental toll when you divorce
Deciding to divorce can be a tough decision, and some people mull it over for years. While you can pat yourself on the back for making a choice, you also need to prepare for plenty more tough decisions to come. You’ll need to decide what assets you would like, what...
Where do spouses hide assets in a divorce?
When you divorce, you and your spouse must each present a list of the assets you own. This is so the court can see what there is to divide up. Sometimes, a spouse tries to conceal assets because they do not want to share them. It could be because they...
What does the dissipation of assets mean?
Spouses can get up to all sorts of tricks in a divorce, including a few related to money. One is known as the dissipation of assets. It means one person sets out to squander, or waste marital assets. Why might they do this? To avoid having to share Let’s say...
What is a “chain of custody” and why does it matter?
If you stand accused of a crime then the police and prosecution will search for evidence to back up their case. Some of that may take the form of physical items – such as an item of clothing found near a crime scene or a bag of drugs allegedly found...
3 reasons to consider a more equal share of parenting time
One of the biggest issues divorcing parents must settle is how they will share time with the kids. It can often lead to bitter, drawn-out battles that benefit neither the parents nor the children. Many courts and parents are now realizing that a more equal split can be advantageous. Here...
2 legal concepts crucial to DUI stops
Just because the police stop you and charge you with driving under the influence (DUI) does not necessarily mean you will get a conviction. There are plenty of ways to contest the charges and many people successfully do so each year. One method is to challenge two key legal concepts...