During the course of my medical licensing defense practice I have been confronted with the ethical conflict of being asked to represent both a professional corporation and its doctor shareholders, one of which was committing criminal acts while dispensing the medical...
Year: 2013
Increased License Enforcement –Work Place Erros and Drug Diversion Issues
The cross roads of my legal practice, criminal defense and professional licensing defense, is becoming a very busy place. Increased enforcement from the various License boards for even minor regulation violations has become rampent. I daily receive telephone calls...
Pharmacists Prescribing Duties
Pharmacists’ responsibility to properly and thoroughly investigate the prescription medications they are filling is predicated upon both federal and state law. The Commonwealth of Pennsylvania, PA Code addresses the fundamentals of pharmacists'...
Federal Pre-Trial and Trial Motions for an Effective Defense.
Federal criminal matters typically involve complex pre-trial issues. Your counsel’s ability to recognize and trouble a shoot matter to identify pre-trial motions is an important part of every defense.Sometimes, is a pre-trial motion is successful, it will allow...
Cell Phone Location Data Warrantless Searches
Last year I wrote an article that fore told of the July 30, 2013 Fifth Circuit Court of Appeals decision ruling constitutional warrantless applications for historical and real time cell phone location data....
Illegal Police Searches of Cell Phones and the Privacy of Your Data
In our digital age, new criminal fact patterns arise every day. Our nation’s federal and state appellate courts confront daily the realities of modern day smart phone technology in the context of warrantless searches and seizures of personal information. The...
Summer 2013 DUI Update
So far this summer, Pennsylvania’s Superior Court issued two very significant DUI decisions. The first ruling was handed down the case of Commonwealth v. Musau. The second decision was presented in Commonwealth v. Barker.In Musau the trial court found Musau...
Doctors and their Patient’s Medical Records — A Discipline Primer
What are the medical record keeping responsibilities of an off-site contract physicians who review prescription renew requests for a company, not a medical practice, that provided a prescription refill service? An important Pennsylvaniappellate court decision recently...
ADHD and false allegations of Driving Under the Influence
Currently, absent a specific odor of alcohol, individuals suffering from ADHD who drive while under the influence of prescribed ADHD medications or are non-medicated can still be charged with, and found guilty of, violating the DUI or DAI statutes of most...
Police Search Trash and Secure Evidence for Trial -Suppression Denied
Depending from where a homeowner’s trash is removed and what arguments are raised on suppression, evidence derived from these trash pulls is admissible in court. Commonwealth v James, 2013 Pa. LEXIS 1096 (May 31, 2013) evidences when inexperienced counsel make...