Gambone Law
Licensed in Pennsylvania and New Jersey
215-755-9000
www.GamboneLaw.com
May 2019
Pennsylvania and New Jersey DUI and DWI Charges
Summer is a time when people want to relax and have a good time. The last thing you want is a DUI charge ruining your fun.
Our law firm represents individuals who have been charged with driving under the influence (DUI) or driving while intoxicated or impaired (DWI) in both Pennsylvania and New Jersey. Even if you haven’t consumed alcohol specifically before driving, these laws also apply to any drug that might impair your driving ability, legal or otherwise. Both states require the prosecution to prove beyond a reasonable doubt that the charged individual was in operation of the vehicle and under the influence of a substance. While Pennsylvania requires a blood test to convict someone of a DUI or DWI, New Jersey does not. A Breathalyzer test does not provide any assistance to the prosecution with this type of charge. “The prosecution must only establish that a person was incapable of safely operating a motor vehicle, not that they were ‘drunk.’ This distinction is very important.”
In Pennsylvania, if a person is charged while driving under the influence of a narcotic or drug, the prosecution must introduce evidence from a qualified expert. This expert would testify at trial for the prosecution and be permitted to remain in the courtroom rather than be sequestered, or kept out of the room to avoid hearing testimony. Normally, witnesses aren’t allowed to stay in the courtroom during the testimony of others, but the procedure with experts is different. They must comment upon the testimony of the facts, witnesses, or other experts. In New Jersey, however, ordinary citizens are considered qualified to opine on the degree of a person’s intoxication following the consumption of alcohol. Remember, the prosecution must only establish that a person was incapable of safely operating a motor vehicle, not that they were “drunk.” This distinction is very important. When a person is charged with driving under the influence in either Pennsylvania or New Jersey, a medical expert or toxicologist can help them avoid conviction or driver’s license suspension. An expert can offer alternative theories to unresponsiveness and reactions to the administration of a drug, such as Narcan and Naloxone. They will also comment on the lack of circumstantial evidence such as the lack of drug residue within a vehicle or needle marks on the accused. It’s not uncommon for a person to have medical episodes while driving, which could explain actions indicative of impairment and create reasonable doubt in the eyes of a judge or jury. If you’ve been charged with a DUI or DWI, I highly recommend coming to our law office for assistance. We can bring clarity to the situation and help you through this difficult time. –Alfonso Gambone
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Genealogy Sites and the Warming of Cold Cases
THE REVOLUTION IN FORENSIC SCIENCE CONTINUES TO CAPTIVATE THE MASSES
We’ve come a long way in the field of forensic science since 1986, when DNA was first used to convict someone in court. In 2019, criminals who would have gotten away with their crimes in the past are now put behind bars where they belong. The advent of genealogy testing has been thrust into the spotlight with high- profile cases that were solved by sequestering information from sites like 23andMe and Ancestry.com. With this revolution in DNA testing on the rise, there’s really no end to the impossible-to-solve cold cases that can finally be put to rest. Whatever the motivation was behind genealogy sites in the beginning, they’re now some of the most sought-after databases in the world and are worth billions for their collection of the most personal consumer data in existence. Using these websites’ data, investigators can make DNA matches with potential offenders. The most famous recent case is the successful apprehension of Joseph James DeAngelo, otherwise known as the Golden State Killer. After 13 murders and dozens of assaults, he was finally brought to justice after investigators matched his DNA to the evidence found at the crime scenes. They gained access to his DNA from the personal genomics site GEDmatch. Although access to the data of popular sites like 23andMe and Ancestry.com is restricted to its customers, law enforcement agencies successfully subpoenaed the companies to hand over the requested data. With the ability to theoretically solve any crime with preserved DNA, law enforcement and websleuths alike are foaming at the mouth at the possibilities genealogy testing has to offer. If only we’d preserved some of Jack the Ripper’s DNA!
This Is What Happens When You Steal a Protected Animal You wake up slowly, still groggy froma raucous night out with your friends. As you look around, taking stock of your surroundings, you see the other inhabitants: a desk, your shoes, a penguin… a penguin?! penguin enclosure. “Look at them!” one said. Distracted from their original plan, they made their way to the penguins, grabbed one, and left. Dirk, the 7-year-old fairy penguin (the ANIMAL THEFT AND TRESPASSING DON’T GO UNNOTICED
misdeeds made its rounds, police traced the crime back to the two Welshmen. They were charged with trespassing, stealing, and keeping a protected animal, and there was no shortage of public shaming as their crime circulated the internet. Taking note of their letter of apology and admissions of guilt and regret, the judge enforced a heavy fine for the crime in lieu of jail time. Charges for kidnapping a protected animal vary from state to state, but the Endangered Species Act ensures perpetrators face harsh penalties, including fines and maximum sentences. The Animal Legal Defense Fund also provides free legal assistance and training to help protect animals from harm.
smallest species of penguin), was bred in captivity and had never left his enclosure.
While footage confirms that two young Welshmen stole Dirk the penguin from his SeaWorld Australia home, the men had little memory of the night’s misadventures the next morning — until they saw Dirk waddling around their rented apartment. The night before, after imbibing a hefty amount during their vacation in Australia, the men got the harebrained idea to break into SeaWorld and swim with the dolphins. After getting inside, video footage captured them stripping down to their skivvies and running around the facility — until they spotted the
The next morning, realizing what they’d done, the three young men panicked and released Dirk into a nearby canal. But Dirk’s misfortunes weren’t quite over. He was chased out of the canal by what onlookers believe was a shark, only to be chased back in by a surprised dog. Fortunately, concerned passers-by called authorities, and SeaWorld workers came to rescue Dirk and bring him back to his family. Dirk returned unharmed to his partner, Peaches, but his kidnappers weren’t so lucky. Once a Facebook post recounting their
Be careful on your next night out, and please, enjoy wildlife without stealing it!
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THE WORLD’S BEST EXERCISE
Not all exercises are created equal. In fact, there is one form of exercise that is better than many others: walking. Harvard Medical School took a look at various exercises and concluded that walking is up there with swimming and tai chi in terms of health benefits. Regular walking can help maintain good cholesterol and blood pressure levels and keep your bones strong and healthy. One study showed that 40 minutes of walking every day helped people reduce blood pressure from hypertension to prehypertension, and then eventually to normal over several months. Walking can even keep many different kinds of diseases at bay, such as diabetes and heart disease. In addition to these physical benefits, walking daily can improve your mood and overall mental health. As simple and straightforward as walking is, it can be difficult for many people to find the time. Most experts agree that you need 30–60 minutes of physical activity per day, but the good news is that you can split those minutes up throughout your day. For example, you can take a brisk 20-minute walk in the morning before work, followed by another one at lunch and one more after dinner. Those 60 minutes also don’t have to be strenuous; they just need to happen.
However, the more time you put into walking, the more you will get out of it. If you slowly increase your distance and speed, you’ll end up burning more calories and strengthening your legs over time. The great thing about walking is that it’s not particularly taxing on the knees, and you can move at your own pace. It doesn’t get any better than that! To get the most out of walking, schedule your walks for after mealtimes, especially the ones that come later in the day, like lunch and dinner. It’s a great way to aid digestion and burn calories —which can’t hurt your waistline!
Drug-Related Crimes Most people believe that drug problems will never be part of their lives or the
2. WHAT’S THE DIFFERENCE BETWEEN POSSESSIONWITH INTENT TO DELIVER AND ILLEGAL POSSESSION? The biggest difference between these two charges is the criminal penalty. Possession with the intent to deliver or distribute (PWID) a drug in Pennsylvania is a felony offense, whereas possession—sometimes called“knowing and intentional possession”— is amisdemeanor crime. 3. CANYOU STILL BE CHARGED IF YOU DON’T HAVETHE DRUG IN POSSESSION? Yes. Most people think that law enforcement needs to find the drug on you to charge you, but that is not true. The prosecution can prove its case against you through actual possession or constructive possession, which means you had knowledge of the drug on your property and had the ability to control it. If you or a friend is charged with a crime involving illegal drugs or narcotics, it’s important to discuss the problem with an attorney.
lives of their loved ones. However, anyone can struggle with addiction, regardless of socioeconomic status or upbringing, and this hardship can often cause a person to have a criminal record or even serve jail time. Here are the most common questions we get relating to drug crimes in Pennsylvania and some answers you may find useful. 1. ARE ALL DRUG AND CONTROLLED- SUBSTANCE CRIMES TREATED THE SAMEWAY? No. Pennsylvania classifies the severity of a drug charge based on the federal government classification, or schedule, of drugs. Drugs are classified in the following ways: heroin, LSD, ecstasy, and marijuana are Schedule I drugs; crack cocaine, PCP, and oxycodone are Schedule II drugs; Tylenol with codeine, suboxone, and anabolic steroids are Schedule III drugs; and Xanax, Valium, and Ativan are Schedule IV drugs.
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Gambone Law
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INSIDE THIS ISSUE
1
DUIs and DWIs
2
Genealogy Sites Provide Breakthroughs in Cold Cases The Price You Pay for Stealing a Penguin
3
What Is the World’s Best Exercise? Drug-Related Crimes
4
Black Gold
Black Gold for Your Garden Soil National Learn About Composting Day!
products, including receipts, paper towels, and tissues; wood chips, leaves, and other types of waste that are not categorized as processed food, meats, or fish products in their compost bin. Compost can stabilize gardening soil, keep the soil from contracting diseases, and help the ground retain moisture. WHY DOWE COMPOST? Besides giving gardens and lawns significant nutrients, composting also reduces landfills. According to the United States EPA, “Food scraps and yard waste together currently make up about 30 percent of what we throw away.”Organic material often takes longer to decompose in a landfill due to being wrapped in plastic. The more organic material that is composted, the quicker it can deteriorate. LEARN ABOUT COMPOSTING DAY The best way to recognize this holiday is to learn as much as you can about composting. When you dive in, you’ll discover you can compost materials you never knew you could,
including latex balloons and cardboard egg cartons. Once you do your research, you can start your very own compost by dedicating a part of your backyard to disposing of organic matter or by purchasing a compost bin. This article covers the basics of composting, but there’s still plenty more to learn! Head to your local farmers market or botanical garden and talk to the experts about any questions you have — they’ll be sure to give you some great tips.
Most people have heard of composting one way or another. Your mom might have kept a bin in the backyard for overripe Halloween pumpkins, yard clippings, and egg shells. You might even have a coworker who boasts about the giant compost pile they use to fertilize their garden and lawn. Whatever your level of composting knowledge may be, there is always more to learn about this popular and extremely beneficial method for handling organic food waste. Luckily, May 29 is National Learn About Composting Day! This day provides a great opportunity to introduce yourself to and begin the conversation about composting if you haven’t already. Below are a few answers to your basic composting questions to get you started. WHAT IS COMPOST? Compost is decomposed organic matter, which is especially good for people who have gardens or aspire to live a sustainable lifestyle. People put coffee grounds; vegetable scraps; paper
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