Why a Traffic Ticket Can Be Less Expensive When You Have a Lawyer

By glmain on March 22, 2012 in Traffic Tickets

Please note that this is not legal advice. See our disclaimer.

If you have been cited for violating traffic laws, you may believe that you have little or no recourse but to plead guilty and pay your fine. There are, however, potentially serious consequences, even if the ticket is your first. You may have points added to your record, which can result in an immediate increase in your insurance premiums. You may then have to wait up to three years (and have a spotless driving record in the interim) to bring your rates back down. An experienced and skilled traffic attorney can save you money and inconvenience in the long run. With such an attorney:

You may be able to get the charges against you reduced — You can try to do this yourself, but will likely have little success with prosecutors. First, you don’t speak their language. Second, you don’t know what they value and probably can’t give them a good reason why they should consider reducing the charges. A prosecutor will be more likely to listen to and work with a lawyer who is considered to be a colleague.
You may be able to resolve your problems without losing time from work, or without even appearing in court — If you represent yourself, you will have to appear when the court schedules your case. There will likely be many others scheduled to appear on the same day. You may have to spend hours in court so that you can appear before the judge for 10 minutes.
An experienced attorney can help you keep your driving privileges — If you have accumulated enough points, you may face the suspension or revocation of your driving privileges. A skilled lawyer will know how to negotiate with prosecutors so that you have the best chance of keeping your driving privileges, which can be critical to keeping your job.
You can minimize the risk that you will face suspension or revocation of your license in the future — A skilled traffic lawyer can help you minimize or avoid the accumulation of points on your driving record. By keeping your points down now, you reduce the risk that a future violation will cause you to lose the right to drive.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of criminal law experience. Our lawyers aggressively advocate for people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. We provide a free initial consultation in every case. To schedule an appointment, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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How Private is Your Use of Your Smart Phone?

By glmain on January 30, 2012 in Fraud

Please note that this is not legal advice. See our disclaimer.

Smart phones have become the standard for most people, providing you with the opportunity to manage a wide range of affairs from your fingertips, and giving you access to the internet just about anywhere you go. Did you know, though, that there are programs that allow third parties to log every keystroke you enter on your phone? Though this is a violation of federal law, it happens more often than you know, and can be extremely difficult to detect. Programs such as Carrier IQ have raised concerns about how much of your personal information is actually being used by others without your permission. Certain phones, like the Apple iPhone and Android phones have location based services that can allow third parties to track where you are and where you have been.

Furthermore, it may come as a surprise to you that even when you “delete” something from your smart phone, it is really not deleted until you overwrite or replace it with other data. Even then, some of your original data may still be available to programs that have access to your phone. The information gathered by companies from your smart phone may ultimately be sought by prosecutors or others in the government.

What are your rights to privacy when you get a smart phone? What can you do to minimize the invasion of your privacy?

Your Rights Under the Law

Currently, your rights under the law are less than clear. Two U.S. Senators, Al Franken of Minnesota and Richard Blumenthal of Connecticut, asked the U.S. Department of Justice last April to clarify whether they believe that smart phones are already afforded certain privacy privileges under a law enacted to protect home computer users, the Computer Fraud and Abuse Act. According to many, it is well-established that the CFAA covers smart phones and similar devices.

Subsequent to the request by Senators Franken and Blumenthal, Senator Patrick Leahy introduced a bill that would require that the government obtain a search warrant to obtain access to any information gathered from your wireless device. The bill proposed by Senator Leahy seeks to update the 25 year-old Electronic Communications Privacy Act. Leahy was the author of the original law.

Nevertheless, no matter what laws are in place to protect your rights, there will always be people that will try to get at your information. Treat your phone as you would anything else that contains your sensitive personal information. It is often the easiest and fastest way for someone to see where you have been and what you have been doing.

Contact Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of criminal law experience. Our attorneys work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at 888-652-0384 (in New Jersey at 609-523-2222).

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Avoiding a DUI at New Years

By glmain on December 30, 2011 in DWI / DUI

Please note that this is not legal advice. See our disclaimer .

The holidays are a time of good cheer. Often, that cheer can take the form of beer, wine and other spirits at a New Years party. The next thing you know, you have been pulled over by police on the way home and are being asked to submit to a blood alcohol test. Unfortunately, it happens way too often, and when it does, the consequences can be severe. Simply protecting your rights can cost thousands of dollars. In addition, you could face incarceration, lose your driving privileges, and might even put your job at risk. There are steps that you can take to minimize the risk of an arrest for drinking and driving:

Don’t drink and drive—The simplest and easiest way to avoid a drunk driving charge is not to mix drinking and driving. If you will be driving, don’t drink at the party. Consider yourself the designated driver. Take an extra piece of fudge or a New Years cookie, and have a nightcap once you get home. If you have been waiting for your host’s New Years punch all year, find someone else to be your designated driver. If you can’t get a designated driver, take a cab.
Have the party at your house—If you have the party at your house, you can drink as much as you want. However, you want to be careful alcohol at the party. You may have social host liability for any injuries caused by someone who became inebriated at your party.
Keep your vehicle maintained and your registration up-to-date—Far too frequently, someone gets pulled over for a broken tail light, expired license plates, or expired inspection stickers and the officer smells alcohol or otherwise suspects drinking and driving. Make certain all lights and other components of your vehicle are working properly, and that you have purchased and placed up-to-date plates on your car.
Stay home if weather conditions are bad—Police tend to be more vigilant when weather conditions are poor. In addition, you may have more difficulty driving in icy or snowy weather. You may innocently lose control of your car, end up in a ditch, and then have an officer smell alcohol when coming to help.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

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The Effect of a Juvenile Record on Future Employment and Higher Education

By glmain on November 8, 2011 in Juvenile Offenses

Please note that this is not legal advice. See our disclaimer.

When your child is a teenager, they can easily fall in with the wrong crowd, and find themselves facing juvenile offenses. Often, peer pressure can get them involved in things they wouldn’t otherwise consider. What may start as a harmless prank can escalate and put them and their future at risk. What is the potential impact of a juvenile record on future employment opportunities, as well as access to higher education? This blog post addresses those concerns.

When you are charged with a juvenile offense, a juvenile record is created. Depending on the disposition of the offense, your record can continue to grow, as it may contain information from police or law enforcement officers, your probation officer and your school. If you are required to submit to periodic drug tests or other evaluations, that information may also appear on your record.

In Pennsylvania, any court records related to your case will remain on file with the court for a period of 25 years, unless you successfully seek an expungement. The police may keep your arrest records for a longer period.

Contrary to what you may have heard, your juvenile record does not go away when you turn 18. An employer may ask you to submit to a criminal background check. Potential employers may have access to your juvenile record, and may deem you inappropriate for a position if you have been charged with delinquency or another offense. In some circumstances, a delinquency conviction can render you ineligible for public housing or other benefits, or disqualify you from serving in the military.

A minor can be expelled from school for certain juvenile offenses, and information can be sent from one school to another regarding delinquency or other juvenile adjudications. Even though you are not required to report juvenile offenses on many college applications, and a juvenile adjudication does not render you ineligible for federal financial aid, a college admissions office may have access to a juvenile record if it has not been expunged. If your juvenile adjudication includes restitution, you may have a monetary judgment against you, which can affect your credit rating, and limit your ability to get student loans.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

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Social Networking Surveillance? Law Enforcement Use of Facebook, Twitter et al.

By glmain on October 4, 2011 in Criminal Law

Please note that this is not legal advice. See our disclaimer.

If you have used Twitter for any length of time, you know that it started out as a way for people to answer a simple question: What are you doing now? It soon became a way for friends and family to maintain a sense of connection, and for celebrity followers to keep tabs on what their favorite personalities were up to. Now, however, law enforcement officials have started to use social marketing tools to gather information or locate suspects.

What forms does it take? Here are just a few examples:

Police investigators have created false profiles on Facebook and MySpace, and then asked to be a friend of a suspect, all in an effort to gather evidence in an ongoing criminal investigation.
Detectives have used social marketing sites, such as Twitter, to establish a suspect’s location, identify hangouts, or verify relationships
Police have used social marketing tools to establish motives or prove/disprove alibis
The IRS has used Google maps to view property to determine whether a deduction seems appropriate
Civil Litigation law firms use Facebook and MySpace to verify testimony of witnesses before and during trial

What are your rights? Unfortunately, not many. As long as the information is publicly available on a website like Facebook, LinkedIn or MySpace, law enforcement officers have free and unfettered access to it. In certain circumstances, under a showing of probable cause, police may even be able to demand that site owners allow them access to private data.

Law enforcement officers have started going undercover on social media sites, but must obtain the cooperation of the sites to have full access to information. The major social marketing sites take different stances when dealing with police or investigators. MySpace has created a law enforcement guide and a 24 hour hotline to assist such investigations. Facebook tends to enforce privacy laws and challenges requests that it believes violate the laws. Twitter will only provide information to law enforcement officers pursuant to a subpoena or legal process.

What should you do? If you are under investigation for or have been charged with a crime, you may want to pull down any social marketing sites you have. However, be aware that anything you post online can never truly be erased. You should always tell your lawyer about things that may have been posted in the past. Otherwise, you simply need to consider yourself warned. Law enforcement officers may be following you. Additionally, if you are a parent with children who use Facebook or Twitter, you should talk to them about what they post and warn them of the dangers.

Contact the Law Offices of Horstine, Pelloni & Hornstine, LLC

At Horstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey. We take an aggressive approach, using our knowledge, skill, experience and resources to help you get the outcome you want. We offer a free initial consultation in every case. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Social Host Liability-What Can Happen When You Let Others Drink in Your Home

By glmain on July 26, 2011 in Criminal Law

Please note that this is not legal advice. See our disclaimer.

If you are hosting a party this summer or planning a wedding, it’s important that you understand the laws governing your responsibility as a social host. A social host is any person or organization, including an employer, who sponsors a social event and invites others to attend or participate. The primary concern for a social host is liability for the acts of persons who have consumed alcoholic beverages at the social event. A person who becomes intoxicated may get behind the wheel of a car and cause an accident, or may start a fight. In certain circumstances, the person or organization serving the alcohol may have legal or financial responsibility for any injuries sustained.

The laws of Pennsylvania and New Jersey differ dramatically with respect to social host liability.

In Pennsylvania, the courts have generally rejected the legal theory of social host liability simply for furnishing beer, wine or other alcoholic beverages to adults. Pennsylvania law considers it the responsibility of an adult to use due caution when consuming alcoholic beverages. Pennsylvania takes a completely different approach, however, when alcoholic beverages are provided to minors. Because a minor is not considered competent to manage his or her intake of alcohol, an adult who provides intoxicants to a minor may be responsible for all harm caused by anyone under the age of 21 due to inebriation.

In New Jersey, a social host may be held liable for injuries caused by anyone who gets drunk at the host’s event and injures someone in a motor vehicle accident, including adults. The rule is generally limited, however, to injuries caused by individuals who were obviously or visibly intoxicated. New Jersey, like Pennsylvania, holds social hosts responsible for any injuries caused by minors who have been served alcoholic beverages.

If you plan to have a party and know that you will serve alcoholic beverages, you may want to inquire with your insurance agent whether you can put a rider on your homeowner’s policy to cover you in the event someone drinks at your party and then causes personal injury to another person.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey, including people charged with social host liability. We take an aggressive approach, using our knowledge, skill, experience and resources to help you get the outcome you want. We offer a free initial consultation in every case. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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