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    How to Withhold Consent to Search from the Police

    Last updated 4 days ago

    Whether you are at home, in your car, or simply walking down the street, it is important to know your rights when confronted by a police officer. Being aware of your rights can be of great help if you choose to challenge police action with the aid of a criminal defense lawyer in court. Here are some instructions on how to withhold consent to search from the police:

    Be Polite

    The number-one rule in any encounter with the police is to maintain a polite tone. If you have an aggressive tone or appear to be overly assertive, this could give an officer cause to take more serious action. If you are polite, the police will have less reason to suspect you of any wrongdoing. Maintaining a civil tone at all times is of the utmost importance. If you are driving and are pulled over, you should cooperate and provide your license, registration, and proof of insurance if the police request them.

    Refuse to be Searched

    If you have been pulled over and the police ask if they can search your car, politely inform them that you do not consent to a search. Refusing to have you or your belongings searched is well within your rights. When you withhold consent to search from the police, it is important to do so in a clear, polite manner. Do not threaten or use physical force in any form. If you are at home and the police ask if they can come inside, make sure you ask for a warrant. The police are not allowed to search your home without the proper authorization.

    Record Pertinent Information

    Sometimes, even when you exercise your rights and withhold consent to search, the police will search you regardless. For this reason, it is of the utmost importance to take down the police officer’s badge number and note which police department he was dispatched from. Furthermore, if you are stopped on the road, you can request that the police officer record the stop. This evidence can help you in court should you choose to challenge the police’s search.

    If you would like to speak with a lawyer about your legal rights, call the Law Offices of David S. Shrager at (412) 567-5833. Our attorneys have extensive experience in criminal defense.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Driving Under the Influence of Marijuana – What You Need to Know

    Last updated 9 days ago

    Most people are aware of breathalyzers and the sobriety tests police perform to evaluate BAC levels when a driver is suspected of driving drunk, but detecting marijuana use is different.

    In this video, you will learn about what happens if you drive under the influence of marijuana. Unlike alcohol, there is no legal limit for driving under the influence of marijuana. Generally, a police officer will testify about observable signs that made him believe a driver was under the influence of marijuana. A urine test is the standard test for marijuana, but its accuracy is known to be rife with problems.

     

    If you have been charged with driving under the influence of marijuana and require an experienced DUI defense lawyer, call the Law Offices of Davis S. Shrager at (412) 567-5833.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

     

    Understanding How a Felony Conviction Can Affect Your Future

    Last updated 25 days ago

    Unlike misdemeanors, felonies are serious crimes that sometimes involve violence. Being convicted of a felony can have serious, long-term consequences for your future. For this reason, it is imperative that you hire a good criminal defense attorney to help you through the process. Here are a few ways in which a felony conviction can affect your future:

    • Employment
      Once you’ve been convicted of a felony, you are legally required to disclose your conviction when you apply for jobs. This can severely hinder your ability to find gainful employment after you finish serving your sentence. Choosing not to disclose is not a feasible solution either. Potential employers can and will perform a simple search to determine whether you have a criminal record. Not being able to find employment is the most pressing problem for convicted felons. Even if you are able to find work, a felony conviction can severely limit the type of work you will be eligible to do.
       
    • Disenfranchisement
      If you are convicted of a felony, you could also lose your right to vote. Although many states do allow for some form of re-enfranchisement, losing your right to vote can be devastating. Disenfranchisement includes everything from local to presidential elections. In other words, your voice won’t be heard when it comes to electing your leaders and representatives.
       
    • Exclusion
      If you are convicted of a felony, you will be excluded from owning firearms. Of course, if you were not a gun owner before your conviction, this restriction will not greatly affect you. However it is important to note just how serious of a consequence this is. The right to bear arms is constitutionally guaranteed. A felony conviction, however, can essentially deprive you of this right.

    Being convicted of a felony can have severely detrimental effects for your future. If you are being charged with a felony, you need a good lawyer to help you through the process. Call the Law Offices of David S. Shrager at (412) 567-5833. Our attorneys have extensive experience in criminal defense.

    Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Find out More about Pennsylvania's Legal System from These Resources

    Last updated 1 month ago

    In our recent blog posts, our Pittsburgh criminal lawyers discussed serious legal issues like sex crimes and driving under the influence. Educate yourself further about these topics by clicking the links below.

    • At this website, you can learn about Pennsylvania’s statutes regarding sexual offenses.
       
    • The plain view doctrine allows warrantless searches in a few certain situations. Read more about this important legal concept at Duhaime.org.
       
    • If you’re stopped on suspicion of DUI, follow these guidelines to protect your rights.
       
    • Several factors affect a person’s blood alcohol level. Read more about them with this article.
       
    • Sex crimes can be very difficult to prosecute because of unclear evidence or lack of facts.

    If you need a criminal lawyer in Pittsburgh, call (412) 567-5833 to reach the Law Offices of David S. Shrager. You can count on our 30 years of experience to get you the verdict you deserve.

    Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    What Constitutes a Sex Crime?

    Last updated 1 month ago

    In all states, including Pennsylvania, sex crimes carry serious penalties, potentially including jail time and life-long registration as a sex offender. To understand these offenses, read on for explanations of several sex crimes under Pennsylvania law.

    • Rape: Rape occurs when a person, male or female, engages in sexual intercourse with a person under one of the following conditions: by force or threat of force; without his or her consent; when he or she is unconscious, intoxicated, or impaired; if he or she has a mental disability that renders him or her unable to consent; or if the victim is under the age of 13. Like other states, Pennsylvania has broadened its definition of rape to recognize that men can be victims of rape, and women can be perpetrators.
       
    • Statutory sexual assault: This sex crime requires that intercourse take place between a victim under the age of 16 and a perpetrator at least four years older, provided the two parties are not married.
       
    • Sexual assault: Sexual assault includes all manners of non-consensual intercourse not specified in the definition of rape.
       
    • Aggravated indecent assault: Under Pennsylvania law, any sexual penetration, to whatever degree and by whatever means, qualifies as aggravated indecent assault if it occurs in one of the circumstances that characterize rape, like the use of force or presence of a mental disability in the victim.
       
    • Indecent assault: Under the definition of this crime, any physical contact intended to arouse sexual feelings in either the victim or perpetrator is illegal if it also fits one of the conditions listed above for aggravated sexual assault.

    Sex crimes are serious accusations that carry serious penalties. The Pittsburgh criminal defense attorneys at the Law Offices of David S. Shrager have more than 30 years of experience defending clients accused of these crimes. If you would like to learn more about our practice or schedule a consultation, call (412) 567-5833 to reach our office in Pittsburgh.

    Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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