cdm-law

Montgomery County 38-1-06 Magisterial District Court

Tue, 24 Feb 2026 21:41:23 GMT

Where Do I Find Information for Montgomery County District Court 38-1-06?

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Small Claims Court Montgomery County 38-1-04 Magisterial District Court

Tue, 17 Feb 2026 22:30:17 GMT

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Small Claims Court Montgomery County 38-1-03 Magisterial District Court

Mon, 08 Dec 2025 22:22:00 GMT

In Pennsylvania, Magisterial District Judges (“MDJs”) decide small claims cases. Small claims cases involve civil disputes where the claim is for twelve thousand ($12,000.00) dollars or less. If the party filing the lawsuit, also known as the plaintiff, is seeking a claim for over twelve thousand ($12,000.00) dollars, the plaintiff may either file with the Pennsylvania Court of Common Pleas or file in the small claims court with the Magisterial District Court. However, if a plaintiff chooses to file with the Magisterial District Court, the plaintiff waives their right to recover any amount over twelve thousand ($12,000.00) dollars.

Pennsylvania small claims courts have jurisdiction to adjudicate certain civil claims, including contract disputes, personal injury, property damage, and other negligence cases.

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Small Claims Court Montgomery County 38-1-02 Magisterial District Court

Fri, 05 Dec 2025 19:38:58 GMT

Pennsylvania small claims courts have jurisdiction to adjudicate certain civil claims, including contract disputes, personal injury, property damage, and other negligence cases.

Where Do I Find Information for Small Claims Court Montgomery County District Court 38-1-02?

Here is the contact information for the office of the Magisterial District Judge 38-1-02, R. Emmett Madden Magisterial District Judge.

Magisterial District Judge 38-1-02

Madden , R. Emmett
117 York Road, Suite 100 B
Jenkintown, PA 19046
(Jenkintown Borough)

Phone: (215) 635-1535, 0656

FAX: (215) 635-2256

EML: DC38102@montgomerycountypa.gov

8:30 – 4:30 (Office Hours)

8:30 – 4:00 (Open to Public)

Magisterial District Judge 38-1-02 District includes: part of Cheltenham Township and Jenkintown Borough

Need a Lawyer? Call CDM Law, LLC.

C DM Law, LLC. offers legal services in Montgomery County Pennsylvania, including MDJ 38-1-02. Whether for small claims, criminal defense, DUI, or traffic cases, CDM Law is here to provide you with exceptional legal representation and guidance.

CDM Law, LLC is located in Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Contact CDM Law, LLC at (610) 994-0281 or visit our website to submit a consultation form. CDM Law, LLC is here to help you with your criminal defense, traffic ticket(s), summary trials, summary tickets, expungements, civil litigation, and legal representation.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Facing a DUI in Montgomery County, PA? Put Experience on Your Side

Tue, 05 Aug 2025 17:51:58 GMT

Driving Under the Influence in Pennsylvania

CDM LAW -Elevating Expectations, Delivering Results

Driving Under the Influence in Pennsylvania

(by Christopher D. Mandracchia, Esq.)

A DUI arrest in Pennsylvania can feel overwhelming. Suddenly, you’re worried about your license, your job, your reputation, and your freedom. The truth is, Pennsylvania takes DUI charges very seriously — but with the right defense, you have options.

I’m Christopher D. Mandracchia, Esquire , and I’ve spent my career on both sides of the courtroom. As a former prosecutor and now a seasoned criminal defense attorney , I know exactly how DUI cases are investigated, charged, and prosecuted in Montgomery County and across Pennsylvania. That experience gives me a unique advantage in defending my clients and getting results!

How Pennsylvania Handles DUI Cases

Pennsylvania DUI statute 75 PaCSA 3802 - Driving Under the Influence, criminalizes driving or operating a vehicle on a roadway in Pennsylvania where the driver is under the influence of drugs or alcohol that renders an individual incapable of operating a motor vehicle. Note, there is no "impairment" requirement for schedule one controlled substances, including Medical Marijuana - even if you have a valid medical card.

Pennsylvania uses a tiered system for DUI charges based on Blood Alcohol Content (BAC) or any amount of a controlled substance:

General Impairment (.08 – .099%)

High BAC (.10 – .159%)

Highest BAC (.16% and above)

Drug DUIs — including marijuana — are prosecuted harshly, often in the “ highest tier ,” even for medical marijuana patients.

The penalties vary depending on your BAC and prior record, but can include:

License suspension
Thousands in fines
Jail time or probation
Mandatory alcohol highway safety school
Ignition Interlcok

Why Local Experience Matters

Montgomery County courts have their own procedures, prosecutors, and judges — and navigating them takes experience. I’ve handled thousands of DUI cases , from first-time offenders seeking ARD (Accelerated Rehabilitative Disposition) to serious cases involving accidents, repeat offenses, and even death . My experience as a former prosecutor helps me anticipate the prosecution strategies and fight for the best possible outcome and solution for your case — whether that means dismissal, reduced charges, treatment or alternative dispositions/sentencing.

Protect Your Future

A DUI conviction doesn’t just affect your record. It can impact your career, your family, and your ability to drive. The sooner you involve an experienced attorney, the more options you have.

If you or a loved one is facing DUI charges in Montgomery County, don’t wait. Call CDM Law today to schedule a consultation.

�� 610-994-0281

�� CDMattorneys.com

DISCLAIMER: CDM LAW IS A Pennsylvania Law Firm. This is not legal advice and does not create an attorney client relationship. All cases are unique, and results are not guaranteed.

Cannabis Business in Pennsylvania

Fri, 18 Jul 2025 19:05:31 GMT

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�� The Cannabis Business in Pennsylvania: A Legal Landscape Full of Opportunity and Legal Pitfalls

As cannabis reform sweeps the nation, Pennsylvania is positioned as a major player in the industry—especially for entrepreneurs looking to enter or expand within the medical cannabis space. With the push for adult-use legalization gaining traction, now is the time for strategic planning, legal compliance, and positioning.

At CDM LAW, based in Conshohocken, Montgomery County, we help cannabis businesses navigate this evolving legal landscape with confidence. Having a skilled and educated cannabis legal partner can save you from the pitfalls of the cannabis industry. Whether your business involved hemp, marijuana, anciallary cannabis involvement or highly regulated commodities, CDM LAW is here to help. Attorney Christopher Mandracchia , Esq has been a practicing lawyer assisting cannabis industry clients since leaving his former career as a prosecuting attorney. Christopher Mandracchia, Esq. is a Top-Gun graduate, Certified Ganjier, and has taught multiple courses and lectured on cannabis laws. Mr. Mandracchia has successfully represented cannabis clients in many aspects throughout his career. He continues to teach, educate, advocate, and fight for the rights of cannabis businesses and Patients at CDM Law.

�� The Rise of Pennsylvania’s Medical Marijuana Market

Pennsylvania’s medical cannabis program has quickly grown into one of the largest in the country. Since launching in 2018, it has generated more than $7 billion in total sales. As of late 2024, monthly sales have topped $140 million, with dispensaries operating in nearly every region of the state.

With a limited number of licenses available and tight regulatory controls, the state has created a strong, stable foundation for further expansion. However, entry into this market—and future recreational markets—requires thorough preparation and compliance.

⚖️ Current Legal Framework

Medical-Only Operations (for Now)

Cannabis is legal in Pennsylvania only for medical purposes. The industry is regulated by the Pennsylvania Department of Health under strict operational guidelines, including:

Product tracking and lab testing
Security and surveillance compliance
Zoning and facility licensing
Packaging and labeling standards
Employee training and background checks

Only certified patients with a medical marijuana card can legally purchase cannabis products from state-approved dispensaries.

Licensing Constraints and Expansion Efforts

Currently, the market is dominated by multi-state operators (MSOs), leaving limited space for smaller entrants. However, new legislative proposals (such as Senate Bill 846) aim to level the playing field by offering social and economic equity provisions that allow smaller operators to partner with existing licensees. This could pave the way for more minority- and community-owned cannabis businesses.

�� Adult-Use Legalization on the Horizon?

In July 2025, bipartisan bills (SB 120 and HB 20) were introduced to legalize adult-use (recreational) cannabis in Pennsylvania. Projections suggest that legalization could generate over $100 million in tax revenue in its first year and more than $2 billion within five years.

If passed, adult-use legalization would open the doors to thousands of entrepreneurs, service providers, and investors—but competition will be fierce and regulatory compliance will remain complex.

�� Strategic Considerations for Cannabis Entrepreneurs

Whether you're just exploring the idea or already own a cannabis-related business, here are five key strategic considerations:

Zoning and Location Planning
Cannabis facilities must comply with specific distance requirements from schools, parks, and residential areas.
Licensing and Corporate Structure
Choosing the right entity type (LLC, S-Corp, etc.) and preparing a thorough application can make or break your entry.
Equity Partnerships
New legislation may require or reward social equity participation. Now is the time to explore potential partnerships.
Banking and Financial Readiness
Cannabis remains federally illegal, which complicates banking. Ensure you’re compliant with FinCEN guidance and financial transparency protocols.
Product Compliance and Safety
Product labeling, child-resistant packaging, and batch testing under ASTM standards are essential for staying compliant.

�� Opportunities Beyond Plant-Touching Businesses

If you're not interested in directly cultivating, processing, or selling cannabis, there's still opportunity:

Packaging & labeling providers
Security services & technology vendors
Consulting & compliance firms
Legal, accounting, and HR services
Real estate & construction for dispensaries or grow facilities

These ancillary services are in high demand and represent a less-regulated but highly lucrative sector of the cannabis industry.

��️ How CDM LAW Can Help Your Business

At CDM LAW, we understand the complex interplay between Federal Law, Pennsylvania state law, local ordinances, and evolving federal policy. As your legal partner, we provide:

Business formation & licensing strategy
Compliance
Partnership and equity structuring
Legal guidance for cannabis businesses and ancillary cannabis businesses
Legal risk mitigation and dispute resolution

Whether you're launching a grow, dispensary, forming a strategic partnership, or building an ancillary business, our attorneys are here to guide you at every stage.

�� Ready to Get Started?

If you're considering entering the cannabis industry in Pennsylvania—or need to ensure your current business remains compliant—contact CDM LAW today. We're ready to help you seize the opportunity and protect your investment. We can help with your cannabis or cannabis related business.

�� CDM LAW, LLC
815 Fayette St., Suite 200
Conshohocken, PA 19428
�� (610) 994-0281
cdmattorneys.com

Montgomery County 38-1-02 Magisterial District Court

Fri, 18 Jul 2025 13:09:12 GMT

Where Do I Find Information for Montgomery County District Court 38-1-02?

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Driving Under the Influence of Alcohol and controlled substances - DUI

Tue, 08 Jul 2025 13:14:31 GMT

What to Do After Being Arrested for a DUI on 4 ^th of July in Montgomery County, Pennsylvania

Driving Under the Influence is a serious offense, you need serious representation - Call CDM LAW for Experienced Legal Representation

CDM LAW - Elevating Expectations and Delivering Results

Do you need help with a DUI related matter?

4 ^th of July is one of the most anticipated holidays of the summer and year. The 4 ^th of July is a time for summer celebrations with friends and family. However, the 4 ^th of July is also associated with an increase in DUI arrests. If you are arrested for driving under the influence while celebrating the 4 ^th of July in Montgomery County, Pennsylvania, it is natural to have countless thoughts and feelings racing through your head. A DUI conviction in Montgomery County, Pennsylvania can have consequences ranging from a three hundred ($300.00) dollar fine to five (5) years in prison. While this understandably can feel stressful, daunting, and scary, there are a few key steps to follow after you have been accused of a DUI in Montgomery County, Pennsylvania to help begin building your case and defense. The steps are:

1. Write Down Everything As Soon As Possible

As soon as you have the opportunity, sit down and write down everything that took place surrounding your DUI arrest. This includes the events leading up to the DUI arrest (e.g., what took place on the 4 ^th of July? Where did you go on the 4 ^th of July? What did you consume?), what took place during the DUI arrest, and anything relevant that happened after.

It is crucial that you write down everything that happened surrounding your 4 ^th of July DUI arrest as soon as possible. The longer you wait, the less accurate your memory and account becomes. If you had been driving under the influence, your memory is already compromised, making it all the more necessary that you write down everything as soon as possible. Do not share with anyone.

Some helpful tips when writing about the events surrounding your DUI arrest:

· Type or handwrite clearly. While a typed version is preferable, if you opt to handwrite your account, write clearly and legibly, so that your future Montgomery County, Pennsylvania DUI Attorney is able to read. Additionally, the handwritten account may later be used as evidence, so it is all the more vital to handwrite neatly. TIP: handwrite every other line.

· Where should I begin the timeline? If you are not sure which events are relevant or irrelevant, start by setting the scene approximately twenty-four (24) hours before the 4 ^th of July arrest.

· What should my account include? The account should details like where you were in Montgomery County, Pennsylvania; what you were doing on the 4 ^th of July; who were you celebrating the 4 ^th of July with; was anyone with you in the vehicle, and, if so, who; what you drank; how much you drank; when you drank; time of day or night; level of traffic; the weather conditions; the road conditions; and any conversations had between you and any officer(s).

2. Private Social Media Settings

As you may have heard your whole life, under the Fifth Amendment of the Constitution of the United States of America, you have a right to remain silent. As you may have also heard often on television or in movies, “ Anything you say can and will be used against you in a court of law.”

“Anything you say” also includes the things you say, comments you make, and pictures and videos that you post on social media. Social media can provide the prosecutors in Montgomery County, Pennsylvania with your personal 4 ^th of July posts, pictures, tweets, videos, etc., which they may utilize against you in your Pennsylvania DUI. Anything you post online “can and will be used against you” in the Montgomery County, Pennsylvania court of law.

Make sure your social media platforms are set to private.

3. Gather Any Relevant Evidence

4. Hire a Qualified and Experienced Montgomery County, Pennsylvania DUI Attorney

While you have the right to represent yourself and some may believe that an attorney is not necessary for a crime like a DUI, a DUI can be a severe crime and you may be at a disadvantage without representation from qualified DUI lawyer. Hiring an experienced local DUI attorney means you will have someone who knows and will help steer you through the Montgomery County, Pennsylvania criminal court system and laws. This ensures that you have someone knowledgeable who is advocating and fighting for your best interest.

5. Relax and Stay Calm

Your DUI case might be one of the most stressful events that has ever happened in your life. Although it may understandably be difficult, you need to try your best to relax and stay calm. An experienced and well-versed Pennsylvania DUI attorney can help you navigate the Montgomery County, Pennsylvania criminal court system, explain to you your options, and alleviate your stress.

If you are facing a DUI in Pennsylvania, please contact CDM Law, LLC at (610) 994-0281. CDM Law, LLC is dedicated to elevating expectations and delivering results. We are here to help you throughout the process of your DUI case and criminal charges.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship. Call CDM LAW or visit our website to contact us.

Montgomery County 38-1-13 Magisterial District Court -MDJ Jodi L Griffis

Sat, 21 Sep 2024 03:28:53 GMT

Where Do I Find Information for Montgomery County District Court 38-1-13, MDJ 38-1-13 Jodi L. Griffis?

Where is MDJ 38-1-13 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-1-13, Jodi L. Griffis Magisterial District Judge in Montgomery County, Pennsylvania:

Magisterial District Judge 38-1-13

Jodi L. Griffis

117 York Road

625 West Ridge Pike

Building “B”, Suite 101

Conshohocken, PA 19428-1188

(Plymouth Township)

Phone: (610) 828-0278, 0751

FAX: (610) 828-6722

EML: DC38113@montgomerycountypa.gov

8:00 – 4:00 (Office Hours)

8:00 – 4:00 (Open to Public)

Magisterial District Judge 38-1-13 District includes: Plymouth Township.

Need a Lawyer? Call CDM Law, LLC.

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-13 as we are a local and experienced law firm.

CDM Law, LLC is located in Conshohocken, Pennsylvania and is only minutes away from MDJ 38-1-13. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania. Trust your legal case with experienced and local attorneys at CDM Law. CDM Law is located at 815 Fayette St., STE 200, in Conshohocken Pennsylvania.

Contact CDM Law, LLC at 610-994-0281 or visit our website to submit a consultation form. CDM Law, LLC is here to help you with your criminal defense, traffic ticket(s), summary trials, summary tickets, expungements, civil litigation, and legal representation.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Montgomery County 38-1-18 Magisterial District Court

Sat, 21 Sep 2024 03:22:25 GMT

Where Do I Find Information for Montgomery County District Court 38-1-18? MDJ 38-1-18?

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Montgomery County 38-1-25 Magisterial District Court

Sat, 21 Sep 2024 03:19:39 GMT

Where Do I Find Information for Montgomery County District Court 38-1-25?

Where is MDJ 38-1-25 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-1-25, James P. Gallagher Magisterial District Judge.

Magisterial District Judge 38-1-25

Gallagher, James P.

128 West Fourth Street

Bridgeport, PA 19405-1805

(Bridgeport Borough)

Phone: (610) 277-3377, 3378

FAX: (610) 277-3379

EML: DC38125@montgomerycountypa.gov

8:00 – 4:00 (Office Hours)

8:00 – 3:30 (Open to Public)

Magisterial District Judge 38-1-25 District includes: part of Upper Merion Township, Bridgeport Borough and effective 1/15/24 PA Turnpike (I-276 East-West) in Montgomery County.

Need a Lawyer? Call CDM Law, LLC. 610-994-0281

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-25.

CDM Law, LLC is located in Montgomery County, Pennsylvania with its office Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Montgomery County 38-1-24 Magisterial District Court

Sat, 21 Sep 2024 03:17:01 GMT

Magisterial District Judge 38-1-24 Adam T. Katzman

Where Do I Find Information for Montgomery County District Court 38-1-24?

Where is MDJ 38-1-24 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-1-24, Adam T. Katzman Magisterial District Judge.

Magisterial District Judge 38-1-24

Katzman, Adam T.

840 Harleysville Pike

Suite 2

Harleysville, PA 1938

(Franconia Township)

Phone: (610) 584-4732, 4746

FAX: (610) 58-4751

EML: DC38124@montgomerycountypa.gov

8:00 – 4:00 (Office Hours)

8:00 – 4:00 (Open to Public)

Magisterial District Judge 38-1-24 District includes: Franconia Township, Lower Salford Township, Perkiomen Township, Skippack Township,Worcester Township, Schwenksville Borough, Souderton Borough and Telford Borough.

Need a Lawyer? Call CDM Law, LLC. 610-994-0281

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-24. Hire a local law firm at CDM LAW. CDMattorneys.com

CDM Law, LLC is located in Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

MDJ 38-1-21 Magisterial District Judge Suzan Leonard

Wed, 04 Sep 2024 07:30:34 GMT

Montgomery County Pennsylvania District Justice 38-1-21 located in Blue Bell

Need Experienced Representation at District Court 38-1-21?

CDM Law can help you with experienced legal representation at Magisterial District Court 38-1-21 in Montgomery County, Pennsylvania.

Montgomery County maintains twenty-nine magisterial district courts strategically located throughout Montgomery County. An elected Magisterial District Judge presides over each of the individual district courts in Montgomery County. The district courts maintain jurisdiction over criminal preliminary arraignments and preliminary hearings; summary criminal offenses; traffic offenses; municipal code violations; landlord / tenant suits; and civil claims where damages do not exceed $12,000. See www.montgomerycountypa.gov

Magisterial District Judge Suzan G. Leonard resides over Montgomery County District Court 38-1-21 located in Blue Bell, Pennsylvania, in Montgomery County.

Address: 653 Skippack Pike, Ste. 101 Blue Bell, PA 19422-1793.

Phone: (215) 646-8201, 8202

8:30 - 4:30 (Office Hours)

8:30 – 4:00 (Open to Public)

EML: DC38121@montgomerycountypa.gov

Montgomery County Magisterial District 38-1-21 Includes: Lower Gwynedd Township, Upper Gwynedd Township, Whitpain Township and North Wales Borough

Appeals from District Court 38-1-21

Following a hearing on a Summary offense (a change filed by Citation) before a Magisterial District Judge or the entry of a Guilty Plea, at that level, you may file a Summary Appeal to the Court of Common Pleas of Montgomery County in the clerk of Courts Office. This appeal must be filed within thirty (30) days of the entry of a conviction, whether by paying the ticket or by finding of guilt after a hearing. The thirty (30) days includes Saturdays, Sundays and Holidays, unless the deadline falls on one of those days in which case, the deadline is the next business day. The Clerk of Courts will accept the Appeal but does not have the authority to decide if it has been timely filed. The Summary Appeal will be time stamped and returned to you.

Call CDM LAW at 610-994-0281 for Legal Representation in Pennsylvania. CDMattorneys.com

38-1-28 MDJ Edward Levine

Wed, 04 Sep 2024 07:22:22 GMT

Magisterial District Court 38-1-28 Lansdale, PA, Montgomery County

Need Experienced Representation at District Court 38-1-28?

CDM Law can help you with experienced legal representation at Magisterial District Court 38-1-2 8 in Montgomery County, Pennsylvania.

Magisterial District Judge Edward Levine resides over Montgomery County District Court 38-1-28 located in Lansdale, Pennsylvania, in Montgomery County.

Address: 430-440 Pennbrook Parkway Lansdale PA.

Phone: (215) 393-7534, 7535

8:30 - 4:30 (Office Hours)

8:30 – 4:00 (Open to Public)

EML: DC38128@montgomerycountypa.gov

Montgomery County Magisterial District 38-1-28 Includes: Towamencin Township, part of Hatfield Township, Hatfield Borough and Lansdale Borough

Appeals from District Court 38-1-28

Call CDM LAW at 610-994-0281 for Legal Representation in Pennsylvania. CDMattorneys.com

Montgomery County 38-2-09 Magisterial District Court

Mon, 08 Jul 2024 14:52:03 GMT

Where Do I Find Information for Montgomery County District Court 38-2-09? MDJ 38-2-09?

Where Do I Find Information for Montgomery County District Court 38-2-09?

Where is MDJ 38-2-09 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-2-09, Todd N. Barnes Magisterial District Judge:

Magisterial District Judge 38-2-09

Barnes, Todd N.

601 DeKalb Street

Suite 100

Norristown, PA 19401

(Norristown Borough)

Phone: (610) 945-9156

FAX: (610) 994-2882

EML: DC38209@montgomerycountypa.gov

8:30 – 4:30 (Office Hours)

8:30 – 4:00 (Open to Public)

Magisterial District Judge 38-2-09 District includes: Norristown Borough.

Need a Lawyer? Call CDM Law, LLC.

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-2-09.

CDM Law, LLC is located in Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

MJ-38-1-04 Montgomery County Magisterial District Court 38-1-04

Mon, 08 Jul 2024 14:48:20 GMT

Where Do I Find Information for Montgomery County District Court 38-1-04? MDJ 38-1-04?

CDM LAW can help you with your legal issues at MDJ 38-1-04, Magisterial District Judge 38-1-04, John D. Kessler. Attorneys at CDM LAW have the experience and expertise to provide the legal assistance that you deserve. Hire a local law firm with attorneys who can help you .

Call 610-994-0281 for legal assistance at MDJ 38-1-04

Have you received a legal court notice to appear at MDJ 38-1-04 in Montgomery County, Pennsylvania? Contact CDM LAW for LEGAL ASSISTANCE that you can trust from local and experienced Attorneys at the law firm of CDM LAW. CDMattorneys.com

Here is the contact information for the office of the Magisterial District Judge 38-1-04, John D. Kessler Magisterial District Judge:

Information about the Court:

Magisterial District Judge 38-1-04

Kessler, John D.

1150 Old York Road

Abington, PA 19001-2606

(Abington Township)

Contact:

Phone: (215) 887-2362, 2363

FAX: (215) 887-2364

EML: DC38104@montgomerycountypa.gov

Hours of Operation:

8:00 – 4:00 (Office Hours)

8:00 – 3:30 (Open to Public)

Magisterial District Judge 38-1-04 District includes : part of Abington Township and Rockledge Borough.

Need a Lawyer? Call CDM Law, LLC. 610 994 0281 for a local lawyer that can help you!

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-04.

CDM Law, LLC is here to help you with your criminal defense, traffic ticket(s), summary trials, summary tickets, expungements, civil litigation, and legal representation.

Contact CDM Law, LLC at 610-994-0281 or visit our website to submit a consultation form. CDMattorneys.com

CDM Law, LLC is located in Montgomery County, Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County and all over Pennsylvania. Attorney Christopher D. Mandracchia, Esq. is a former prosecutor and experienced trial attorney, he was born and raised in Montgomery County, Pennsylvania. Christopher D. Mandracchia, Esq. is the founder and lead attorney at CDM LAW. need legal assistance in Abington or Rockledge or all over Montgomery County, give us a call at 610-994-0281.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Montgomery County 38-1-03 Magisterial District Court

Mon, 17 Jun 2024 15:39:23 GMT

Where Do I Find Information for Montgomery County District Court 38-1-03?

Where is MDJ 38-1-03 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-1-03, Christopher J. Cerski Magisterial District Judge.

Magisterial District Judge 38-1-03

Cerski, Christopher J

117 York Road

Suite 100 A

Jenkintown, PA 19046

(Jenkintown Borough)

Phone: (215) 885-4796, 4380

FAX: (215) 884-6530

EML: DC38103@montgomerycountypa.gov

8:00 – 4:00 (Office Hours)

8:00 – 4:00 (Open to Public)

Magisterial District Judge 38-1-03 District includes: Jenkintown Borough.

Need a Lawyer? Call CDM Law, LLC.

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-03.

CDM Law, LLC is located in Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Montgomery County 38-1-01 Magisterial District Court

cdm@cdmattorneys.com (Christopher Mandracchia) — Mon, 17 Jun 2024 15:32:50 GMT

Where Do I Find Information for Montgomery County District Court 38-1-01?

Where is MDJ 38-1-01 in Montgomery County, Pennsylvania?

Here is the contact information for the office of the Magisterial District Judge 38-1-01, Marc A. Alfarano Magisterial District Judge.

Magisterial District Judge 38-1-01

Alfarano, Marc A.

160 W. Germantown Pike, Ste D-5

Norristown, PA 19401-1386

( East Norriton Township )

Phone: (610) 272-3029, 4077

FAX: (610) 272-5080

EML: DC38101@montgomerycountypa.gov

8:00 – 4:00 (Office Hours)

8:00 – 3:30 (Open to Public)

Magisterial District Judge 38-1-01 District includes: East Norriton Township and West Norriton Township.

Need a Lawyer? Call CDM Law, LLC.

CDM Law, LLC. offers legal services in Montgomery County Pennsylvania, including Magisterial District Judge 38-1-01.

CDM Law, LLC is located in Conshohocken, Pennsylvania. CDM Law, LLC offers experienced legal representation in Montgomery County, Pennsylvania.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

5 Essential Steps to Take After Being Arrested for a DUI in Montgomery County, Pennsylvania

cdm@cdmattorneys.com (Christopher Mandracchia) — Tue, 04 Jun 2024 21:17:00 GMT

Driving Under the Influence (DUI) Charges in Pennsylvania - information from an experienced lawyer

5 Essential Steps to Take After Being Arrested for a DUI in Montgomery County, Pennsylvania

If you have recently been arrested for driving under the influence in Montgomery County, Pennsylvania, it is natural to have countless thoughts and feelings racing through your head. A DUI conviction in Montgomery County, Pennsylvania can have consequences ranging from license suspensions, fines, probation, and even state prison. While this understandably can feel stressful, daunting, and scary, there are a few key steps to follow after you have been accused of a DUI in Montgomery County, Pennsylvania to help begin building your case and defense. The steps are:

1. Hire a Qualified and Experienced Montgomery County, Pennsylvania DUI Attorney

2. Write Down Everything As Soon As Possible

As soon as you have the opportunity, sit down and write down everything that took place surrounding your DUI arrest. This includes the events leading up to the DUI arrest, what took place during the DUI arrest, and anything relevant that happened after. It is crucial that you write down everything that happened surrounding your DUI arrest as soon as possible. The longer you wait, the less accurate your memory and account becomes. If you had been driving under the influence, your memory is already compromised, making it all the more necessary that you write down everything as soon as possible. It is important that you keep this information confidential and to share it with anyone other than your Attorney.

Some helpful tips when writing about the events surrounding your DUI arrest:

Type or handwrite clearly . While a typed version is preferable, if you opt to handwrite your account, write clearly and legibly, so that your future Montgomery County, Pennsylvania DUI Attorney is able to read. Additionally, the handwritten account may later be used as evidence, so it is all the more vital to handwrite neatly. TIP: handwrite every other line.

Where should I begin the timeline ? If you are not sure which events are relevant or irrelevant, start by setting the scene approximately 24 hours before the arrest.

What should I include? Include important details that would be helpful to your case and/or your defense examples are where were you were in Montgomery County, Pennsylvania, what you were doing, who you were with, what you drank, how much you drank, when you drank, time of day or night, level of traffic, the weather conditions, the road conditions, and any conversations had between you and any officer(s).

3. Private Social Media Settings

“Anything you say” also includes the things you say, comments you make, and pictures and videos that you post on social media. Social media can provide the prosecutors in Montgomery County, Pennsylvania with your personal posts, pictures, tweets, videos, etc., which they may utilize against you in your Pennsylvania DUI. Anything you post online “can and will be used against you” in the Montgomery County, Pennsylvania court of law. Do not post anything about your case on social media and make sure your social media platforms are set to private.

4. Gather Any Relevant Evidence

Gathering relevant information and evidence can help greatly in your DUI case. Important evidence to gather includes photographs, videos, and witnesses and their contact information. Photographs and videos leading up to, during, and after the arrest may offer valuable information and context that can help bolster defense. Witnesses can also be crucial in helping to build a stronger defense for your Montgomery County, Pennsylvania DUI case. The charging document you will get is called an Affidavit of Probable Cause Police Criminal Complaint. This is will likely be the charging document filed by the police officer in the magisterial district court local to your area. You are entitled to a copy of the Affidavit of Probable Cause Police Criminal Complaint and it should state the charges and the information the officer, or the Commonwealth, believe support the charges.

5. Relax and Stay Calm

If you are facing a Driving Under the Influence, DUI, in Montgomery County, or any other county, in Pennsylvania, then you need to contact CDM Law, LLC at (610) 994-0281. CDM Law, LLC is dedicated to elevating expectations and delivering results. We have former a DUI Prosecutor with the experience and skills that you need and can trust. We are here to help you throughout the process of your DUI case.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

Magisterial District Judge 38-2-02

Mon, 11 Mar 2024 19:53:33 GMT

Where do I find information for Montgomery County District Court 38-2-02? need a lawyer call CDM LAW.

CDM Law offers legal services in Montgomery County Pennsylvania including at Magisterial District Judge 38-2-02.

CDM Law, cdmAttorneys.com, is located in Conshohocken, Pennsylvania. CDM Law offers experienced legal representation in Montgomery County, Pennsylvania. Call CDM LAW at 610-994-0281 or visit our website to submit a form to us. Contact CDM Law to help you with your criminal defense, traffic ticket(s), summary trials, summary tickets, expungements, civil litigation, and legal representation.

Where is MDJ 38-2-02 in Montgomery County, Pennsylvania?

Here is the contact information for the office of Magisterial District Judge 38-2-02, Maureen C. Coggins Magisterial District Judge.

Magisterial District Judge 38-2-02

Coggins, Maureen C.

80 H Gravel Pike

Suite 100

Red Hill, PA 18076

(Upper Hanover Township)

Phone: (215) 679-5811, 4568

FAX (215) 679-7561

EML: DC38202@montgomerycountypa.gov

8:30 – 4:30 (Office Hours)

8:45 – 4:15 (Open to Public)

Magisterial District Judge 38-2-02 District Includes: Marlborough Township, Upper Hanover Township, Salford Township, Upper Salford

Township, Green Lane Borough, Red Hill Borough, East Greenville Borough, Pennsburg Borough and PA

Turnpike Northeast Extension (I-476) in Montgomery County. Skippack PSP.

The status of Hemp Cannabinoids in Pennsylvania

Thu, 29 Feb 2024 04:12:07 GMT

Understanding WEED - Cannabis, Marijuana, Hemp, and Cannabinoids

In order to understand Cannabis laws, it is important to understand the definitions associated with this area of law- Cannabis Law. It is important to understand that hemp and marijuana are the same plant, and the legal distinction is in the amount of Delta 9 THC. Hemp and Marijuana or Marihuana are legal distinctions of the plant Cannabis Sativa L. (If you are worried about testing positive on a drug test then you should refrain from using cannabis products as many cannabis products will contain some amounts of Delta 9 THC)

Definitions to Remember :

(NOTE: I am not discussing the origins of the use of the word “marijuana” or “marihuana” that were used for a discriminatory purpose.) Marijuana and/or Marihuana is a legal definition used to define unlawful cannabis with a higher amount of delta 9 THC.

“ Cannabinoids” are chemical compounds found in the cannabis plant that interact with receptors in the brain and body to create various effects.

“ Cannabidiol ” = CBD

“ Endocannabinoid System ” (or ECS) human receptor system that essentially promotes homeostasis by regulating cannabinoids.

“ Isomer ” = each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and different properties.

Pennsylvania Definition of “Marihuana” “consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin ; but shall not include tetrahydrocannabinols , the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination. “ 35 Pa.C.S.A. § 780-102.

Marihuana and Tetrahydrocannabinols are listed as Schedule One Controlled Substance in Pennsylvania.

• 35 P.S. § 780-104 defines a Schedule I controlled substance as one that has “a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision.” The Act lists marijuana as [a] Schedule I controlled substance.

• 35 P.S. § 780-104 lists schedule one controlled substances “(iii) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation :.. (16) - Tetrahydrocannabinols .”

HOW DO YOU KNOW WHAT IS LEGAL?

Currently one cannot determine whether a cannabis plant is lawful without a lab test. Smell and appearance are not sufficient. Generally, one is smelling terpenes that are naturally occurring in the cannabis plant. In order to determine legality of a cannabis product one must look at the amount of Delta 9 tetrahydrocannabinol (Delta 9 THC) - and usually on a dry weight basis. If the amount is greater than .3% Delta 9 THC then it is unlawful. However, there are always grey areas during the growing and processing.

The "weed" you see being sold in the gas stations and smoke shops are usually hemp-based products and often will contain amounts of Delta 9 THC. Therefore, it is imperative to test the cannabis to understand the illegality. Even if you test the product, you have to understand State and Federal Law.

The current status of Hemp Products due to the 2018 Agricultural Improvement Act (the “Farm Bill") is that they are NOT CONTROLLED SUBSTANCES. However, States can make more stringent laws regarding the production and manufacturing of hemp and cannabis products. In Pennsylvania, many in law enforcement consider Delta 8 THC an unlawful Tetrahydrocannabinol. Therefore, under State Law it would require a detailed analysis of your state law for each cannabinoid or hemp derived product.

Under Federal Law, it is clear that Hemp and Hemp Derived products that contain less than .3% Delta 9 THC are removed from the Controlled Substances Act and are lawful under Federal Law. The below case illustrates the lawfulness of Delta 8 under Federal Law:

AK Futures v. Boyd Street Distro LLC. – Trademark Case - Granting the preliminary injunction, the district court held that the 2018 Agricultural Improvement Act (the “Farm Act”) legalized the company’s delta-8 THC products where Boyd Street challenged TM saying that Delta 8 products were not lawful therefore not entitled to TM..

The panel held that the plain and unambiguous text of the Farm Act compels the conclusion that AK Futures’ delta-8 THC products are lawful. Observing that the relevant portion of the Farm Act removes “hemp” from the definition of marijuana in the Controlled Substances Act, the panel concluded that on the available record, the delta-8 THC in AK Futures’ e-cigarette liquid appears to fit comfortably within the statutory definition of “hemp”—i.e., the liquid is properly understood as a derivative, extract, or cannabinoid originating from the cannabis plant and containing “not more than 0.3 percent” delta-9 THC.

The panel wrote that because the Farm Act’s definition of hemp is not ambiguous, the panel does not consider agency interpretation, and even if it did, the Drug Enforcement Agency’s view of the Farm Act’s plain text aligns with the panel’s own. The panel wrote that any congressional intent that the Farm Act legalize only industrial hemp, not a potentially psychoactive substance like delta-8 THC, appears neither in hemp’s definition nor in its exemption from the Controlled Substances Act. The panel therefore concluded that AK Futures is likely to succeed on the merits of its trademark claim.

Therefore, natural hemp derived products, with .3% Delta 9 THC or less, are legal under the 2018 Farm Bill.

(THIS IS NOT LEGAL ADVICE. Christopher D. Mandracchia, Esq. is an Attorney, Certified Ganjier, and is licensed to practice law in Pennsylvania. No attorney-client relationship. Each case is unique and you should consult an experienced Attorney. Visit CDMattorneys.com for more information on our legal services)

Montgomery County Magisterial District Courts

Fri, 16 Feb 2024 20:31:51 GMT

Magisterial District Courts for Traffic, Civil, and Criminal Hearings in Montgomery County, PA.

Montgomery County Pennsylvania Magisterial District Justice information and addresses can be found at Magisterial District Courts | Montgomery County, PA - Official Website (montgomerycountypa.gov) Montgomery County maintains thirty district courts strategically located throughout the county. An elected Magisterial District Judge presides over each of the individual district courts. The district courts serve as the initial tier of Pennsylvania's Unified Judicial System Our District Courts maintain jurisdiction over criminal preliminary arraignments and preliminary hearings; summary criminal offenses; traffic offenses; municipal code violations; landlord / tenant suits; and civil claims where damages do not exceed $12,000.

CDM Law has the experience and skills to represent you at the Magisterial District Court Summary Hearing, Preliminary Hearing, Traffic Hearing, and small claims court civil hearing. With years of experience with local magisterial district justices, CDM LAW can help you at the Montgomery County Magisterial District Courts.

New Pennsylvania Criminal Sentencing Guidelines effective Jan. 1 , 2024

Tue, 07 Nov 2023 04:45:05 GMT

Pennsylvania Criminal Law 8th Edition Sentencing Guidelines Updates

Criminal Defense Attorneys and Criminal Defendants in Pennsylvania, take note to the important and substantial changes to the Pennsylvania Sentencing Guidelines for all criminal Defendants who commit offenses on or after January 01, 2024.

According to the Pennsylvania Bulletin ( Pennsylvania Bulletin (pacodeandbulletin.gov) :

On March 9, 2023, the Commission adopted the 8th Edition Sentencing Guidelines, and on June 8, 2023, approved the final document for publication. The adopted 8th Edition Sentencing Guidelines are hereby submitted to the General Assembly for review by way of publication in the Pennsylvania Bulletin. The 8th Edition Sentencing Guidelines become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly, and will apply to all offenses committed on or after January 1, 2024...

Description of Changes

Provided as follows is a description of each of the new sections of the adopted 8th Edition Sentencing Guidelines, noting changes from the previously published proposal and identifying similar sections contained in the 7th Edition Sentencing Guidelines.

§ 303a.1. Preliminary provisions

This section provides the statutory authorization to adopt guidelines for sentencing, probation, restrictive conditions, fines and community service; a list of dispositions authorized by statute, also referred to as sentencing alternatives; a list of sentencing and correctional programs authorized by statute; and a list of definitions of words and phrases used in the sentencing guidelines. Amendments to the published proposal include a re-ordering of subsections and the addition and modification of several definitions.

This is a new section, not included in the 7th Edition, but does include as subsections the authorized dispositions found in part in § 303.9 (relating to guideline sentence recommendation: general) of the 7th Edition and authorized programs found in § 303.12 (relating to guideline sentence recommendations: sentencing and correctional programs) of the 7th Edition.

§ 303a.2. Guideline sentencing standards

This section provides general provisions, procedures at sentencing and the reporting of information to the Commission. Amendments to the published proposal include reference to § 303a.8 (relating to effective dates of sentencing guidelines editions), which incorporates Table A from the proposal, and provides a listing of the effective dates of the editions and amendments to the sentencing guidelines; and modifications to the text to clarify the reporting of sentences and the distinction between offense-specific recommendations and judicial proceeding considerations.

This section is substantially similar to §§ 303.1 and 303.2 (relating to sentencing guidelines standards; and procedure for determining the guideline sentence) of the 7th Edition.

§ 303a.3. Offense gravity score

This section provides policies related to the assignment of offense gravity scores, including assignments for enhancements and for mandatory minimum sentencing provisions. Amendments to the published proposal include corrections regarding OGS categories limited to assignments for murder, excluding inchoates to murder from the general policy concerning OGS assignments for felonies of the first degree; references new §§ 303a.9, 303a.10 and 303a.11 (relating to offense listing (OGS/POG assignments); BUI/DUI offense listing (OGS/POG assignments); and omnibus OGS tables) that incorporate Tables B1, B-2, B-3, D-1 and D-2 related to OGS assignments and consolidate omnibus OGS assignments from the proposal; references new § 303a.12 (relating to OGS enhancements table) that incorporates Table C related to enhancements from the proposal; the addition of an omnibus enhancement to serve as a default assignment for newly enacted enhancements; and modifications to the text to correct and clarify the application of enhancements, and provide consistency between § 303a.3 (relating to offense gravity score) and § 303a.12.

The general provisions of this section are substantially similar to § 303.3 (relating to offense gravity score—general) of the 7th Edition but increases the number of offense gravity score categories from 14 general categories and an additional category limited to murder of the first and second degree, to 30 general categories and an additional eight categories limited to murder. The enhancement provisions are substantially similar to § 303.10 (relating to guideline sentence recommendations: enhancements) of the 7th Edition, although OGS adjustments replace various other methods to enhance sentences, and new or modified enhancements enacted by the General Assembly and adopted by the Commission, are included. The mandatory sentencing provisions are substantially similar to § 303.9 of the 7th Edition, although the OGS assignments for BUI and DUI have been updated to reflect recent legislative amendments and greater reliance on the mandatory requirements.

§ 303a.4. Prior record score

This section provides policies related to the determination of the prior record score, including general provisions, procedures for identifying previous offenses, lapsing provisions, procedures for determining the prior record score category and miscellaneous provisions. Amendments to the published proposal include retaining the prior record score the consideration of adjudications for crimes of violence by a person 14 years of age or older but less than 16 years of age; removing the burden of proof on the person for the lapsing of prior adjudications and convictions; providing a 10-year crime-free period since the last adjudication or conviction (gap) for removing an adjudication for a crime of violence by a person 14 years of age or older but less than 16 years of age; and deletion of the term REVOC in reference to PRS 4.

This section related to but substantially changes §§ 303.4—303.8 of the 7th Edition. Substantive amendments include increasing the age at which juvenile adjudications are considered in the prior record score from 14 years of age to 16 years of age, except for crimes of violence; establishing four prior offense groups (POG) based on the grade and seriousness of the offense, to replace the current point system; expanding the juvenile lapsing provisions and adding adult lapsing provisions; and streamlining the process for determining the prior record score, reducing the number of PRS categories and limiting the impact of prior record score for less serious offenders.

§ 303a.5. Offense-specific sentence recommendation (relabeled)

This section provides general provisions, purposes of sentencing, sentencing levels and standard range recommendations. Amendments to the published proposal include reference to § 303a.14 (relating to sentencing matrix), which is the sentencing matrix provided at § 303a.8 in the proposal; including a reference to developmental disorders or disability when addressing consideration of treatment alternatives; deletion of references to costs and fees, and clarification of references to fines and restitution; addition of administrative probation and clarification related to general probation; and amendments to the text to correct and clarify, including consistent use of the term recommend when referring to offense-specific recommendations.

This section is substantially similar to § 303.9 and §§ 303.5 and 303.11 (relating to prior record score—prior convictions; and guideline sentence recommendation: sentencing levels) of the 7th Edition. However, amendments include an increase in the number of sentencing levels from five to eight, with each of the new levels linked to a specific disposition, and in case of State confinement, further linked to a duration or specific offense; and the addition of a new level limited to murder of the third degree. Murder 3 was separated out due to the nature of the circumstances leading to a conviction and the wide distribution of sentences. In creating this new level, the Commission seeks to provide courts with broad discretion while at the same time requiring the reporting of reasons for sentences to provide a better basis for future assignments.

§ 303a.6. Aggravated and mitigated circumstances

This section provides consideration of aggravating and mitigating circumstances, the aggravated and mitigated ranges of the sentencing guidelines, sentences that depart from the guidelines and the reporting of reasons to the Commission. Amendments to the published proposal include the addition of a definition of conformity to the guidelines related to offense-specific recommendations; changes to the duration of certain aggravated/mitigated ranges and corrections of related examples; corrections to reflect no aggravated range at Level G and no mitigated range at Level A; addition of a reason related to the nature and circumstances of the offense, and a reason added to the history and character of the person; and modifications to the text to add clarity.

This section is substantially similar to § 303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances) of the 7th Edition, but includes a list of reasons that may be considered by the court; it also expands reporting requirements by providing for the reporting of reasons to the Commission when sentencing for murder of the third degree and when the sentence imposed is outside the standard range of the guidelines.

§ 303a.7. Judicial proceeding recommendations

This section provides suggestions for consideration for imposition of concurrent or consecutive sentences, and the aggregation of consecutive sentences, during a judicial proceeding; the consideration of sentencing programs; and the determination of eligibility and appropriateness for correctional programs. These suggestions for consideration are intended to promote greater consistency in the use of concurrent or consecutive sentences, and to encourage the consideration of evidence-based programs and practices. Amendments to the published proposal include clearer distinctions between offense-specific recommendations that are used throughout the guidelines and linked to conformity and reporting, and these judicial proceeding considerations that encourage practices that promote consistency and consideration of available programming.

This is a new section, not included in the 7th Edition, but does include provisions from §§ 303.9, 303.11, and 303.12, including statutory provisions related to mandatory consecutive sentences, and provisions related to the aggregate terms of probation.

§ 303a.8. Effective dates of sentencing guidelines editions (Sentencing matrix, previously found at this section, is moved to § 303a.14).

This section provides a list of the effective dates of the editions and amendments of the sentencing guidelines. This was included as Table A in the published proposal and is now incorporated as § 303a.8. Amendments to the published proposal include adding a notation regarding the availability of previous editions and amendments to the sentencing guidelines upon request. This section is substantially similar to information provided in § 303.1 of the 7th Edition.

§ 303a.9. Offense listing (OGS/POG assignments)

This new section provides a list of all OGS and POG assignments for offenses with OGS assignments other than the omnibus OGS, as well as subcategorized offenses and offenses subject to offense-specific enhancements. This was included as Tables B-1, B-2 and B-3 in the published proposal and is now incorporated as § 303a.9. Changes to the published proposal include removing columns related to special categories of offenses, removing most offenses with the omnibus OGS assignment and creating a separate section to address the omnibus assignments. This section is substantially similar to information provided in § 303.15 (relating to offense listing) of the 7th Edition.

§ 303a.10. BUI/DUI offense listing (OGS/POG assignments)

This new section provides a list of all OGS and POG assignments for BUI and DUI offenses. This was included as Tables D-1 and D-2 in the published proposal and is now incorporated as § 303a.10. Changes to the published proposal include adding any missing offenses and creating a separate section to address the omnibus assignments. This section is substantially similar to information provided in § 303.15 of the 7th Edition.

§ 303a.11. Omnibus OGS tables

This new section provides three omnibus OGS tables, including general omnibus OGS assignments, BUI omnibus OGS assignments, and DUI omnibus OGS assignments. These tables were included in Table B-3, D-1 and D-2 in the published proposal and are now combined and incorporated as § 303a.11. Changes to the published proposal include removing the omnibus tables from the OGS/POG offense listing and creating a separate omnibus OGS section. This section is substantially similar to information provided in § 303.3 of the 7th Edition.

§ 303a.12. OGS enhancement table

This new section provides a list of all enhancements, with designation whether enhanced through subcategorization and/or adjustment, as well as the increases for the OGS adjustments. This was included as Table C in the published proposal and is now incorporated as § 303a.12. Changes to the published proposal include corrections or additions consistent with statute and with the provisions contained in § 303a.3. This section is substantially similar to information provided in § 303.10 of the 7th Edition.

§ 303a.13. POG/PRS tables

This new section provides the definition of the prior offense groups (POG) and the determination of prior record score (PRS) categories. The POG definitions were included in § 303a.4 (relating to prior record score) of the published proposal, and the PRS categories were included as Table E in the published proposal and are now combined in § 303a.13 (relating to POG/PRS tables). There are no substantive changes to the published proposal. Similar to § 303a.4, this section reflects substantive changes to prior record score polices provided in §§ 303.4—303.8 of the 7th Edition.

§ 303a.14. Sentencing matrix

This new section provides the sentencing matrix, previously published as § 303a.8, which includes the standard range offense-specific sentence recommendations based on OGS assignment and/or adjustment and the PRS determination, and information on sentencing levels and aggravated and mitigated ranges. As provided in §§ 303a.5 and 303a.6 (relating to offense-specific sentence recommendation; and aggravated and mitigated circumstances), the matrix reflects adopted changes to the published proposal. The sentencing matrix replaces those found at §§ 303.16(a) and (b), 303.17(a) and (b), and 303.18(a)—(c) of the 7th Edition, and provides more targeted sentence recommendations; greater emphasis on the use of probation and restorative sanctions, including fines and community service; and more consistent and uniform increases from across OGS and PRS categories, which supports the use of step-increases for enhancements, thus eliminating multiple matrices.

Effective Date

The 8th Edition Sentencing Guidelines will be effective January 1, 2024, for offenses committed on or after that date, unless disapproved by the General Assembly, pursuant to 42 Pa.C.S. § 2155(b) (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation)...

It will be important for all criminal defense attorneys and criminal defendants in Pennsylvania to review and understand the changes, to CHAPTER 303a. SENTENCING GUIDELINES , 8TH EDITION , as they will impact sentencing, expungement, and other important areas with major changes like:

§ 303a.4. Prior record score.

(a) General provisions.

(1) The [prior record score (]PRS[)] is a measure of a person's criminal history, reflecting the number and seriousness of certain previous juvenile adjudications and adult convictions. The PRS addresses the greater culpability and risk to reoffend of repeat offenders. There are five PRS categories (PRS 0—PRS 4).

(2) The PRS is determined by identifying the most serious offense for which a person was adjudicated or convicted prior to the commission of the current offense, and then considering the number of previous adjudications or convictions of equal seriousness.

(3) [Prior offense groups (]POG[)]s, as provided in § 303a.13(a) (relating to POG/PRS tables), distinguish the seriousness of previous adjudications and convictions [and are defined in paragraph (b)] as described below. [Certain previous adjudication and conviction offenses may be removed from consideration in the prior offense groups following prescribed periods of decay or gap, as described in paragraph (c).]

(i) POG1 includes all misdemeanors, unless designated as serious crimes.

(ii) POG2 includes all felonies of the third degree and all unclassified felonies, unless designated as serious crimes.

(iii) POG3 includes all serious crimes, defined as:

(A) All felonies of the first and second degree, unless designated as crimes of violence.

(B) All felonies of the third degree and misdemeanors of the first degree if:

(I) 18 Pa.C.S. Article B Chapters 25—32.

(II) 18 Pa.C.S. Chapter 61-A (relating to Uniform Firearms Act of 1995).

(III) 42 Pa.C.S. § 9799.14 (relating to sexual offenses)

(iv) POG4 includes all crimes of violence (42 Pa.C.S. § 9714(g)) (relating to sentences for second and subsequent offenses).

(4) Certain previous adjudication and conviction offenses may be removed from consideration in the prior offense groups following prescribed periods of decay or gap, as described in paragraph (c).

You will need an Experienced Attorney at CDM LAW to help guide you through the Criminal Justice System in Pennsylvania. Call CDM LAW at 610-994-0281, or visit CDMattorneys.com for more information. CDM LAW has experienced Attorneys that may be able to help you! See below for the new Pennsylvania Criminal Guidelines Sentencing Matrix.

§ 303a.14. Sentencing matrix.

DISCLAIMER: Please note that this information does not constitute legal advice. There is no attorney-client relationship established by reading this content. Christopher D. Mandracchia, Esq. is a licensed attorney in Pennsylvania. CDM LAW cannot guarantee the accuracy of all the information provided. It is recommended that you consult with an attorney before making any legal decisions. For more information, please visit CDMattorneys.com or call 610-994-0281.

Pennsylvania Driving Under the Influence Overview

Tue, 31 Oct 2023 15:08:34 GMT

Pennsylvania DUI Attorneys

The CDM Law Difference - Pennsylvania DUI Lawyers

With many years of criminal trial experience , CDM Law has handled hundreds of DUI cases, and our Attorneys have both prosecuted and defended DUI cases. Former Prosecutor , Christopher Mandracchia started his career as a DUI prosecutor and brings his years of DUI experience and training to our clients at CDM LAW. Each client’s case is unique and must be treated as such, so we strive to communicate and listen to help you achieve your best result. We will help you through the Preliminary Hearing, ARD process, file suppression motions, Habeas Corpus Motions, or take your case to trial, whatever your case requires. We have years of experience taking cases to trial and obtaining successful verdicts.

We have experience with aggravated assault while DUI, homicide by vehicle, first offense DUI, second offense DUI, third offense DUI, fourth offense DUI, cannabis DUI, Drug DUI (3802[d]), prescription DUI’s, DUI accidents, Actual Physical Control (ACP) cases, leaving the scene of the accident, fleeing/eluding, and many other Pennsylvania DUI and DUI related offenses.

Although the conditions and severity differ from case to case, here at CDM Law in Conshohocken, Pennsylvania, we strive to get you results . Whether it is a first offense or a fourth offense, ARD case or Jury Trial case, CDM LAW has the knowledge and experience to handle your case. Here at CDM Law, we will do everything we can to make sure your life is not defined by your DUI charges. If you or someone you know needs a DUI attorney, don’t wait— contact CDM Law today ! 610-994-0281

Pennsylvania DUI Law is codified under 18 Pa.C.S.A. §3802 . DUI case needs to be analyzed. First, the traffic stop. Why were you stopped? Were you in an accident? Were you pulled over? Was it legal? Were you actually driving outside the lines? Were you swerving? In Pennsylvania, the Police need probable cause of a motor vehicle violation to pull you over, however, if the offense that you are being stopped for requires a continuing investigation, then the proper standard for the DUI stop would be reasonable suspicion. DUI investigations continue after the stop, and often with the officer noticing that the individual driving the vehicle smelled of alcohol and/or drugs and had bloodshot, glassy eyes and/or slurred speech. Under Pennsylvania Law, the smell of marijuana is not, by itself, the probable cause for criminal activity.

After you are stopped you are likely removed from your car and subjected to questioning and/or testing. You are then likely asked to perform Standard Field Sobriety Tests (SFSTs) on the side of the road and you likely failed. This is a common situation where most of the evidence for a DUI is gathered. These SFSTs are voluntary and not required, however, if you refuse you will likely be taken in for blood or breath testing. Were the SFSTs performed properly? Was your blood drawn within two (2) hours? Did you admit to drinking? Did you slur your speech?

Another common situation is where the officer smells marijuana and requests to search your car or wishes to search your car prior to towing. Depending on what is in your car, this could lead to more issues. You are then, at some point, told that the officer believes that you are “under the influence to a degree that renders you incapable of safely operating a vehicle” and are placed under arrest. You will then be taken for breath or blood testing. Remember: you don’t have the right to an attorney yet, but you do not have to speak. You can refuse, however, if you refuse the blood or breath test you will likely lose your license.

After the results of your tests are received, you will then be charged in accordance with the officer’s observations and the results of your blood or breath test.

As soon as you are able, you should call and hire an experienced DUI Attorney at CDM LAW. We can help you through this process and help you rest well knowing that we are your attorneys.

In Pennsylvania, the blood alcohol content (BAC) level for driving under the influence is 0.08% for those who are 21 or older and 0.04% for those operating a commercial vehicle (0.02% for school bus drivers). If a person who is under 21 is pulled over with a BAC of 0.02%, PA’s “zero tolerance” policy warrants a DUI charge (3802). Whatever the situation may be, a DUI charge has a lasting impact on a person’s life.

The Basic Elements of a DUI:

The Defendant did drive, operate, or was in Actual Physical Control of the movement of a vehicle;
On a roadway;
Where the Defendant ingested a sufficient amount of drugs or alcohol that rendered him/her incapable of safely operating a vehicle;

Defendant had a certain level of drugs or alcohol in his/her system.

Defendant had ANY AMOUNT OF THC, or a schedule one controlled substance, in his/her system.
THC is the active ingredient in cannabis/marijuana/hemp. Remember: Marijuana can stay in your system for weeks or even months.

DUI is an Escalating Offense

DUI’s are an escalating offense, meaning that the more DUI’s you get, the more severe the consequences become. A typical sentence includes jail time, loss of license, and mandatory fines. The lookback period is ten (10) years for DUIs. Whether it is a first, second, third, or even fourth offense, CDM Law has the experience to help you with your legal troubles.

Grading of Driving Under the Influence 75 Pa. C.S.A. § 3803

(a) Basic offenses.--Except as provided in subsection (b):

(1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).

(2) An individual who violates section 3802(a) and has two prior offenses commits a misdemeanor of the second degree.

(3) An individual who violates section 3802 and has three or more prior offenses or has previously been convicted of a violation of section 3735 (relating to homicide by vehicle while driving under influence) commits a felony of the third degree.

(b) Other offenses.--

(1) An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.

(2) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.

(3) An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has two prior offenses commits a misdemeanor of the first degree.

(4) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has one prior offense commits a misdemeanor of the first degree.

(4.1) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d), commits:

(i) A felony of the third degree if the individual has two prior offenses.

(ii) A felony of the second degree if the individual has three or more prior offenses.

(5) An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle when the violation occurred commits:

(i) A misdemeanor of the first degree if the individual has no more than one prior offense.

(ii) A felony of the third degree if the individual has two or more prior offenses.

75 Pa. C.S.A. § 3803.

Alternative Resolutions

Trial is not always the best solution. Sometimes you need an Attorney to think outside the box and come up with unique and/or alternative solutions. CDM Law strives to work with the prosecutor’s office to provide alternative resolution to your case. In Pennsylvania, the District Attorney has the discretion to allow you to participate in an Accelerated Rehabilitative Disposition (ARD) program. ARD is a program that allows you to participate in a program that requires treatment, community service, a probationary period, and other requirements pursuant to the rules of the county where you are charged. ARD is generally for individuals with no, or minor, criminal history. This program usually minimizes the supervision and impact of a DUI by allowing you the opportunity to get an expungement after successful completion. The options vary in each county, however, we have successfully helped people obtain acceptance in ARD, treatment programs, diversion programs, and other programs designed to minimize the impact of a DUI.

If you are in need of help with a driving under the influence charge, you should consult an experienced attorney to help you with your specific situation.

Christopher D. Mandracchia, Esq. is an Attorney licensed in Pennsylvania.

Call CDM LAW at 610-994-0281 for more information on DUI's. Visit our website at MONTCODUILAWYER.COM

Serving Montgomery County Pennsylvania and the surrounding counties of Berks County, Delaware County, Bucks County, Chester County, and Philadelphia.

Disclaimer: This is not legal advice, you should consult with an attorney prior to making any legal decision. This content does not create an Attorney-Client relationship.

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