Goodman & Kenneff

Goodman & Kenneff and Attorney Joseph Kenneff named Top 3 Estate Attorney in Lancaster County by Business Rate

Wed, 18 Mar 2026 16:49:49 GMT

Goodman & Kenneff, Attorneys-at-Law , and Attorney Joseph J. Kenneff , were honored to be selected as a Top 3 Estate Attorney in Lancaster County, Pennsylvania by BusinessRate. BusinessRate analyzes client reviews, reputation metrics, and overall service quality to identify leading professionals in each area of practice. This distinction recognizes Goodman & Kenneff, who has been based in Millersville for more than 45 years, as providing consistent, high-quality service spanning multiple generations, and as a trusted presence in the local community.

What happens if you die without a will in Lancaster County, Pennsylvania?

Tue, 21 Oct 2025 18:37:19 GMT

What Happens If You Die Without a Will in Lancaster County, Pennsylvania?

What Happens If You Die Without a Will in Lancaster County, Pennsylvania?

No one likes to think about dying — but it’s even harder for families left behind when there’s no will in place. In Pennsylvania, dying without a valid will means your estate is handled under the state’s intestacy laws, which decide who inherits your assets — not you.

At Goodman & Kenneff, we often meet Lancaster County families who are surprised by how complicated and costly things can become when a loved one dies without a will. Here’s what really happens, step by step, and why proper estate planning is so important.

1. Pennsylvania’s Intestate Succession Law Controls Your Estate

If you die “intestate” — meaning without a will — your property doesn’t just sit in limbo. Instead, Pennsylvania’s Probate, Estates and Fiduciaries Code (Title 20) sets strict rules for who gets what.

Who inherits depends entirely on your family situation at the time of death:

Married with no children or parents → Your spouse inherits everything.
Married with surviving parents (but no children) → Your spouse gets the first $30,000 plus half of the remainder; your parents receive the other half.
Married with children (all from the same spouse) → Your spouse gets the first $30,000 plus half of the remainder; your children split the other half.
Married with children from a prior relationship → Your spouse and children split the estate equally, with no guaranteed $30,000.
Unmarried with children → Your children inherit everything, divided equally.
No spouse or children → Your parents, siblings, or next-closest relatives inherit in a set order.
If the court cannot locate any heirs at all, your estate eventually “escheats” to the Commonwealth of Pennsylvania.

2. Someone Must Be Appointed to Handle Your Estate

Without a will naming an executor, the Register of Wills in Lancaster County will appoint an administrator to manage your estate. This is often a close relative — but not always the person you would have chosen.

The administrator must:

Gather and value your assets
Pay debts and taxes
Distribute the remaining property according to Pennsylvania law

Intestate estates can take longer and cost more to settle than estates with a properly drafted will.

3. Common Problems When There’s No Will

Families often face challenges like:

Disputes among heirs over who should inherit certain assets
Delays in accessing bank accounts or selling property
Higher legal and administrative costs
Unintended results, such as estranged relatives inheriting while unmarried partners or stepchildren receive nothing

Having a will eliminates uncertainty and ensures that your wishes — not Pennsylvania’s default laws — determine who benefits from your life’s work.

4. Lancaster County Probate: What to Expect

Even with or without a will, most estates in Pennsylvania must go through probate — a legal process that validates the will (if one exists) and authorizes asset distribution.

In Lancaster County, probate is handled through the Register of Wills, located at the Lancaster County Courthouse. The office reviews petitions, appoints executors or administrators, and oversees the estate settlement process.

At Goodman & Kenneff, we routinely guide families through this system — ensuring that paperwork is filed correctly, deadlines are met, and disputes are minimized.

5. How to Protect Your Family and Your Wishes

The best way to protect your loved ones is to create a valid Pennsylvania will and consider additional estate planning tools such as:

Powers of attorney (for financial and medical decisions)
Living wills (for end-of-life choices)
Beneficiary designations (on accounts and insurance)

A properly drafted estate plan ensures your assets pass smoothly and privately to the people you choose — not those the state selects.

Work With Experienced Estate Planning Attorneys in Lancaster County

At Goodman & Kenneff, we’ve helped countless Lancaster County families create wills and administer estates with care and efficiency. Whether you’re planning ahead or managing a loved one’s affairs after their passing, our experienced attorneys can guide you every step of the way.

Call (717) 872-4605 or visit goodmankenneff.com to schedule a consultation today.

Don’t leave your estate to chance — let us help you protect what matters most.

What are the duties and responsibilities of the executor of an estate in Lancaster, Pennsylvania?

Fri, 06 Sep 2024 14:23:21 GMT

Generally, an executor of an estate is responsible for managing and distributing the deceased person’s assets according to their will. The first duty is to file the will and death certificate at the Lancaster County Register of Wills to start the legal process. After being officially appointed as the Executor or Executrix (female), the executor needs to inform the beneficiaries named in the will and notify creditors of the decedent’s passing. The executor needs to identify, locate, and value the deceased’s assets, including real estate, bank accounts, investments, and personal belongings. Once the assets are identified, the executor typically sets up an estate account and moves all the assets into that account. From that account, the executor would typically pay any bills and any inheritance taxes owed by the estate. Once taxes and debts are paid, the executor distributes the remaining assets to beneficiaries according to the will’s terms. The executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries, following the terms of the will and applicable laws.

Being appointed as an executor or executrix, and settling a loved one's estate, is a great responsibility and entails considerable time and effort. Let Goodman & Kenneff help you through the Lancaster County estate administration and probate process.

Do I need a Financial Power of Attorney?

Thu, 29 Aug 2024 17:35:36 GMT

If a Will is the most important document in Estate Planning, having a properly drafted Financial Power Of Attorney is a close second.

A Financial Power of Attorney (POA) document is crucial in Lancaster, Pennsylvania because it allows you to designate someone (called an "agent") to manage your financial affairs if you become unable to do so. Your agent can pay bills, manage investments, handle real estate transactions, and more. Typically, you would also designate a substitute agent in the event your first choice predeceases you or is otherwise unable to act. While the document takes effect as soon as it's signed and fully executed, it is intended to be durable, or withstand any incapacitation. Without a POA, if you become incapacitated, your family may need to go through a lengthy and costly court process to appoint a guardian to manage your financial affairs. A POA can prevent this by giving your agent immediate authority to act on your behalf.

By carefully choosing a trusted agent and including safeguards in the POA, you can protect yourself against financial abuse. Pennsylvania law also requires agents to act in your best interests, providing an additional layer of protection. Knowing that your financial matters will be handled according to your wishes if you’re unable to manage them provides peace of mind for both you and your loved ones.

Because we understand the importance of having your estate affairs in order, and because, in Pennsylvania, a POA is relatively easy to execute, we always keep our estate planning documents at our Millersville, PA office reasonably priced.

The Importance of Having a Will

Wed, 28 Aug 2024 18:01:23 GMT

It's the document everyone will absolutely need at some point.

A valid and legal will is the one document that everyone is guaranteed to need at some point!

Having a will drafted in Pennsylvania is vitally important for several reasons, including:

1. Control Over Asset Distribution: A will allows you to specify how your assets and property will be distributed after your death. Without a will, Pennsylvania's intestacy laws will determine who inherits your property, which may not align with your wishes.

2. Appointment of Guardians and Trustees: If you have minor children, a will allows you to name a guardian to take care of them if you pass away and a trustee to handle their inheritance. Without a will, the court will decide who will take care of your children or manages their inheritance, which may not be your preferred choice.

3. Executor Appointment: A will enables you to appoint an executor, who will be responsible for managing your estate, paying off debts, and ensuring that your assets are distributed according to your wishes. Without a will, the court will appoint an executor, who may not be someone you trust.

4. Minimizing Family Disputes: Far too often, families are torn apart after the death of a loved one. Clearly stating your wishes in a will can help prevent disputes among family members over your estate. Without a will, the lack of clarity may lead to conflicts and lengthy legal battles.

5. Efficient Estate Settlement: Having a will can streamline the probate process, making it quicker and less expensive for your heirs. Without a will, the probate process may be more complicated and time-consuming.

6. Peace of Mind: Having a will provides peace of mind, knowing that your wishes will be respected and your loved ones will be taken care of after you’re gone.

Having your Millersville, Pennsylvania will draft now ensures that your wishes are followed, provides protection for your loved ones, and helps prevent unnecessary legal complications during the Lancaster, PA probate process.

Save yourself the hassle of finding parking downtown and contact us to schedule an appointment to draft a new will or update to your current will today!

Top 40 Criminal Defense Lawyer Under 40 in the state of Pennsylvania

Tue, 25 Apr 2017 18:29:00 GMT

In recognition of his hard work and accomplishments, attorney Joseph Kenneff has been selected by The American Society of Legal Advocates as a “Top 40 Criminal Defense Lawyer Under 40 in the state of Pennsylvania for 2017.”

According to the ASLA , the selection process consists of a rigorous, manual review:

“ASLA’s lawyers comprehensively review available information for each candidate, including a review of firm websites, client assessments, and publicly-available filings, which may include: verdicts, settlement information, and information regarding transactions. Each candidate is assessed based on such criteria as educational accomplishments, involvement and leadership in bar associations and professional organizations, activities within their community, and demonstrated legal achievement. In the case of younger lawyers, ASLA also evaluates indications of developing success, both in a candidate’s day-to-day practice and in serving the profession.

Each area of assessment is considered, and each candidate is assessed on his or her own merits. Just as the student body of an elite university is comprised of individuals with many different backgrounds and strengths, ASLA likewise strives to invite a range of members who have stellar legal credentials as a baseline, but also a range of interests and activities.

After the initial list of nominees is prepared, at least one separate lawyer reviews all compiled data and confirms nominations. To ensure the integrity of the process, no lawyer who participated in the first phase of selection is permitted to conduct the second phase. In the final stage, the list of finalists is again reviewed and candidates either are confirmed for invitation or placed on a holding list for reconsideration the following year.”

With offices now in Lancaster, PA and Millersville, PA, Attorney Joseph Kenneff continues to provide aggressive legal counsel for the accused in Lancaster County. Along with Criminal Law, Attorney Kenneff continues to specialize in Family Law, providing personal and honest advice to each client.

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Nationally Ranked Top Ten Attorney

Tue, 25 Apr 2017 18:19:00 GMT

Goodman and Kenneff is proud to announce, for excellence in the field of Criminal Law, attorney Joseph Kenneff was honored by the National Academy of Criminal Defense Attorneys with the “Nationally Ranked Top Ten Attorney Award” for 2016.

The National Academy of Criminal Defense Attorneys is a professional organization championing those who fight for the rights of the accused. By equipping highly-qualified criminal defense attorneys with the most current continuing education opportunities and providing the public with the most accurate, up-to-date listings of top ranked attorneys in their states, the NACDA helps ensure quality representation for individuals facing charges.

Thousands of attorneys are evaluated through the NACDA selection process, which consists of the following:
• Attorneys must first be nominated by a licensed, practicing legal peer or a member of the NACDA’s in-house research team.
• Nominated attorneys are reviewed closely by the NACDA research team to verify they meet membership requirements, including their years in practice, qualifications and memberships, and track record in cases handled.
• Attorneys who pass review by research staff are then sent to a processing committee that chooses a select portion of nominated attorneys for a final selection stage that ensures they stand apart from other lawyers who claim to be the “best” without basis for such claims.

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Gun Rights and Your Prior Record

Fri, 11 Mar 2016 19:55:00 GMT

Federal Law and Pennsylvania State laws both prohibit people who have been previously convicted of certain crimes from purchasing a firearm. The Federal prohibitions, however, are much stricter than those of Pennsylvania. The problem is that most people who are precluded from purchasing a firearm due to prior offenses have no idea.

It’s bad enough that these people, who were never told they have lost their right to purchase a firearm, have lost that ability, but, making matters worse, local police departments have been charging these people who attempt to purchase a firearm with new crimes.

Anytime a prospective gun owner goes to purchase a gun, they must fill out a federal “Firearms Transaction Record.” This form asks for all your identifying information, as well as several questions regarding your criminal background. Most notably, question 11c asks, “Have you ever been convicted in any court of a felony , or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See instructions for 11c).”

Let’s stop there for a second, as there are already some issues here.

The only word in bold is the word felony. The word misdemeanor never appears in this sentence. That must mean that if you were previously convicted of a misdemeanor you’re eligible to buy a gun, right? Unfortunately, depending on the maximum penalty you could have received, not necessarily.

The next problem with this question is that it assumes you know the maximum penalties (not the penalty you received) for the crimes with which you were previously convicted. For instance, in Pennsylvania, a 2nd offense DUI could have resulted in your being charged with a misdemeanor of the 1st degree (M1). You may have done 45 or 90 days in jail and served some probation afterwards. It’s not a felony, and, you didn’t serve more than a year in jail so you are certainly not precluded are you? Unfortunately, you are. The maximum penalty for a M1 in Pennsylvania is up to 5 years imprisonment. Since the judge could have sentenced you up to 5 years in jail, you can no longer buy a gun.

Along the same line, a misdemeanor of the 2nd degree (M2) has a maximum penalty of 2 years in jail, so you must also be precluded from purchasing a firearm if you’ve been convicted of one of those since it’s more than a year? Actually, no.

It gets even more confusing.

Remember those instructions referenced on question 11c above? Here’s what they have to say: “Generally, 18 USC 922 prohibits the shipment, transportation, receipt, or possession in interstate commerce of one who has been convicted of a felony, or any other crime, punishable by imprisonment for a term exceeding 1 year (this does not include state misdemeanors punishable by imprisonment of 2 years or less).”

Again, the word felony appears, but now the word misdemeanor appears for the first time, and includes a less strict maximum term of imprisonment for which you are precluded from purchasing a firearm. An M2 charge, and its maximum penalty of 2 years imprisonment, is apparently not prohibiting.

Confusing, huh? Well, the police are confused too.

I recently had a client with a prior M2 conviction charged with a FELONY for “lying” on this federal form by checking “no” to question 11c. The charges were dismissed because I brought these instructions to the Officer’s attention (which he had not previously read), forcing him to admit that my client should not have been charged. Prior to this coming to light, he had already admitted that he had charged others with crimes for “lying” on this form because they answered “no” when they had previous M2 convictions.

Throughout the county, people are being charged with FELONIES for answering question 11c “no”, if they have been previously convicted of M1 and M2 crimes. The crimes with which they are being charged require that they answered this question incorrectly “knowingly and intentionally” or “with the intent to mislead”.

Everytime I’ve had a client with one of these charges, the story has always been the same: They went to a gun shop to purchase a gun; they answered “no” to this question because they never thought that their prior misdemeanor charge would prohibit them because it was not a felony, and they only served probation and no jail time; the form is extremely confusing; nobody ever told them they no longer had their ability to purchase a gun; their PA license to carry had not been suspended. Moreover, they owned 10 other guns at home so why would they ever risk being charged with a crime to purchase 1 more gun?

The answer is: they wouldn’t.

Further, because the background check is conducted instantly at the gun shop while you wait, it doesn’t even make sense to “lie”. If they check “yes” to the question, they’re obviously prohibited, and will not receive a gun. If they give correct identifying information and check “no”, they’re criminal history will show they have one of these prohibitions, and, will not receive a gun. Why would they “lie” and then wait around at the gun shop while the background check was being processed to see if they could purchase a gun?

They answer, again, is: they wouldn’t.

They’ve made a mistake on a confusing form, but they did not commit a criminal act. After all, if the police charging the crimes are confused by the forms and misunderstanding the law, how can an unknowing layperson be expected to understand?

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Underage Drinking Charges in Millersville, PA

Fri, 30 Oct 2015 16:46:00 GMT

Monthly, I receive a call from the mother of an upset high school or college student shocked to find that the penalties for a Millersville PA Underage Drinking include a license suspension(Denoted as Purchase, consumption, possession or transportation of liquor or malt or brewed beverages at 18 Pa.C.S.A. 6308 of the Crimes Code).

The story is usually the same: My son or daughter got caught drinking red-handed on the Millersville University campus, received a citation from the Millersville University police in the mail, didn’t bother to consult with an attorney, knew he or she was guilty, so he or she simply signed the guilty line on the underage drinking citation and paid the fine. Lo and behold, a few months later he or she received notice from PennDOT that his or her license was going to be suspended as a result of this guilty plea. What can be done about this now?

Unfortunately, the answer I must give every time I receive this call is “Nothing.” By the time, the notice of license suspension has been received, the appeal period has already run, and, unfortunately, the caller’s son or daughter is stuck with a 3 month, or more (depending on prior underage drinking charges) license suspension.

Do not make this same mistake! Even if, in your opinion, you were “caught red-handed” at a Millersville University party, or dorm room, contact a Millersville, PA underage drinking attorney today. There still may be options.

For example, in a somewhat common scenario, it’s possible the police may have made a mistake by detaining an entire room of potentially underage drinkers at a party without having individualized suspicion for each, and simply started to breathalyze each. The Pennsylvania Supreme Court has made clear that without individualized suspicion for each, the police cannot detain the individual, and any evidence gained after this illegal detention cannot be used against you at your summary underage drinking trial. This evidence may include the results of a breath test; the observation of blood shot eyes, odor of alcohol, etc.; or an admission of consumption.

Even if police did everything correctly and you truly were “caught red-handed”, at times your attorney may be able to negotiate with the arresting officer to have the charge reduced to another charge that may not include a license suspension.

Never blindly plead guilty to an underage drinking charge before consulting with an attorney, and without fully understanding its consequences.

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Lancaster, PA DUI Checkpoints

Thu, 23 Apr 2015 19:24:00 GMT

In light of word last week that DUI checkpoints would be setup in some locations throughout Lancaster County this past weekend, it seemed an appropriate time for an entry regarding common questions and issues that arise regarding DUI checkpoints.

While DUI checkpoints are highly controversial and seemingly suspicionless, unconstitutional searches, they are in fact constitutional. Under the Fourth Amendment, citizens are protected from unreasonable searches and seizures by the government. Therefore, no police officer is allowed to seize and/or search a person without, at least, reasonable suspicion that some criminal activity is afoot. Since police officers are clearly not establishing reasonable suspicion for every car they stop in a pre-planned Pennsylvania DUI checkpoint, you may believe checkpoints are unconstitutional. The United States and Pennsylvania Supreme Courts, however, have held that DUI checkpoints are an exception to this reasonable suspicion standard and, therefore, constitutional.

Despite having been ruled constitutional, in order to be legal, Pennsylvania DUI checkpoints must adhere to certain judicially created guidelines. For instance, the DUI checkpoint must be ascertainable from a reasonable distance or otherwise made knowable in advance; it requires prior administrative approval, rather than simply a hunch by a specific police department; the route and time selected for the roadblock be one which, based on local experience, is likely to be traveled by intoxicated drivers; and, the specific vehicles to stop must be fixed by some preplanned pattern (every fourth car, etc.). Com. v. Blouse, 531 Pa. 167 (1992). Believe it or not, it’s legal to make a LEGAL U-turn or turn off onto a side road when approaching a DUI checkpoint.

While police do not need individualized suspicion to stop your vehicle momentarily at the checkpoint, they do need reasonable suspicion that you are driving under the influence in order to detain you any longer for further testing or investigation. In other words, police will use their training and experience to look for indicators of intoxication, including glassy or bloodshot eyes, issues retrieving registration or license, an odor of alcohol, slurred speech, etc. If, in their opinion, they have reasonable belief you are under the influence of alcohol, you will be asked to pull over for further testing, which will include field sobriety testing and, potentially, a preliminary breath test. REMEMEBER, you do have the right to refuse this testing at the DUI checkpoint staging area. If, however, after the roadside testing you are placed under arrest and brought to the police station for a second breath test or brought to the hospital for a blood test, you do not want to refuse, as a refusal will result in an automatic license suspension of 1 year.

Many clients and friends have asked about the DUI checkpoint flyer designed by an attorney in Florida and whether it would work in Pennsylvania. Will this work in Pennsylvania? The answer is….maybe. The law does not require you to roll down your window at a checkpoint. As discussed above, however, once momentarily stopped at a checkpoint, police need reasonable suspicion, in order to perform any further testing. Are police able to meet the reasonable suspicion standard by other means, such as the manner in which you approached the stop, or that your eyes are bloodshot or glassy? Maybe. Are you drawing unwanted attention to yourself at a checkpoint, where, typically, it would be better to fly under the radar? Definitely. While you may later have a suppression issue in court, it seems you are certainly drawing more attention to yourself and, therefore, increasing the likelihood of further investigation, and, of course, increasing the chances you are charged with a DUI. A DUI charge and arrest alone, even if later determined to have been an illegal stop or arrest, can cause extreme embarrassment, loss of employment, and thousands of dollars in legal fees.

If you have been arrested in Lancaster, PA for a DUI, it is best to contact an aggressive and affordable Lancaster, PA DUI Lawyer immediately.

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Lancaster, PA Criminal Attorney–Durso Upheld

Wed, 29 Oct 2014 17:23:00 GMT

In a victory for state-owned university students, the Superior Court, on October 24, 2014, ruled that police officers employed by state-owned universities are outside their jurisdiction when effectuating stops on public roads that cut through these campuses, essentially upholding their previous decision in Commonwealth v. Durso . In this case, Commonwealth v. Boyles , a university officer set up a speed trap along Kiester Road in Slippery Rock, a road, that much like George Street in Millersville, is abutted by university property on both sides. The officer, after stopping Boyles for speeding and noticing indicia of alcohol consumption, eventually charged the motorist with Driving Under the Influence (DUI). Boyles filed a motion to suppress, and, after a suppression hearing, the Court of Common Pleas ruled that the officer was outside his primary jurisdiction, thus, excluding from trial any evidence obtained after the stop (breath/blood test, field sobriety testing, bloodshot/glassy eyes, slurred speech, etc.). Without that evidence, the Commonwealth was unable to proceed, and, consequently, the charges were dismissed.

The Commonwealth appealed the decision to the Superior Court, thereby leading to its recent, above-noted decision. While the Court in Durso only relied upon the Administrative Code of 1929 (71 P.S. §§ 646 and 646.1) in its Decision, which found officers at state-owned universities (Millersville University, Slippery Rock University, etc.) are not afforded a 500 yard buffer outside their primary jurisdiction, as are officers at state-aided universities (Penn State, Pitt, etc.), the Court in Boyles also ruled that the more recent Public School Code of 1949 (24 P.S. §20-2019A) does not afford these police officers any further jurisdictional limits.

What this means to you: George Street, Frederick Street, and Shenks Lane all fall under the same umbrella as Kiester Road in Slippery Rock. Despite campus property to each side of the roadways, Millersville University police officers are outside their jurisdiction on these roads. If you were pulled over on these roads and charged with DUI, you may have grounds to have your charges dismissed with the help of a Millersville, PA Lawyer .

If have been charged with a DUI, contact an experienced Lancaster, PA Criminal Attorney immediately to best protect your rights!

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Millersville University DUI Attorney

Tue, 01 Jul 2014 15:02:00 GMT

An interesting, recent Superior Court decision that could impact many Millersville University students:

In Commonwealth v. Durso , the Superior Court, in an issue of first impression, held that the campus police of a state-owned university were not statutorily authorized to conduct a vehicle stop off of university property. The facts involved the Slippery Rock University Police who conducted a traffic stop in Slippery Rock Borough based upon a headlight malfunction. When the officers observed the violation they were in Slippery Rock Borough and the traffic stop occurred outside of campus grounds. The court found that there was a distinction in authority between campus police of state-owned universities versus campus police employed by state-related or state-aided universities. In a foot note, the opinion listed those universities in the Commonwealth designated as state-owned college and universities as follows: Bloomsburg University, California University of Pennsylvania, Cheyney University, Clarion University, East Stroudsburg University, Edinboro University, Indiana University of Pennsylvania, Kutztown University, Lock Haven University, Mansfield University, Millersville University, Slippery Rock University, Shippensburg University and West Chester University.

What this means to you? If a Millersville University police officer stops your vehicle on any non-campus roads (Frederick Street, George Street) that cut through the campus, the stop may be illegal, and the evidence obtained thereafter (results of a BAC test; observations of bloodshot eyes, odor of alcohol, slurred speech) may not be able to be used against you in Court. If this evidence cannot be used, the Commonwealth’s case would be severely impaired, and your charges would likely be dismissed.

Contact an experienced Millersville, PA DUI Attorney and Lancaster, PA Criminal Defense Attorney today to discuss your case.

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Am I eligible for the ARD program for my Lancaster, PA DUI?

Mon, 17 Feb 2014 20:12:00 GMT

Many people have heard the term ARD, but are unsure what the term actually means and entails. “ARD” stands for Accelerated Rehabilitative Disposition. While it can be used for other crimes, it is most often a program considered for first offense DUI clients. The program includes a period of time on probation, completion of a number hours of community service, completion of alcohol highway safety classes, and completion of drug and alcohol counseling. While there are many benefits to admission into the ARD program, its seminal feature is that the DUI charge against you is dismissed upon successful completion of the ARD program. Its other benefits include the avoidance of mandatory jail time and a significantly shorter license suspension.

There are, however, a number of potential roadblocks regarding whether the DA ultimately recommends you for the program. An offender will not be considered for ARD if 1)the offender has been convicted of DUI or accepted into the ARD program within 10 years of the date of the current offense; 2)An accident occurred in connection with the offense where a person, other than the offender, was killed or suffered serious bodily injury; or 3)There was a passenger under 14 years of age in the motor vehicle the offender was operating. Additionally, an offender will not be afforded the opportunity of entrance into the ARD program if the offender committed the following violations of the motor vehicle code: 1) Driving without a license; 2) Driving Under a (license) Suspension; 3) Driving with no Financial Responsibility (insurance); 4) The offender has an extensive driving record as determined by the district attorney; 5) The offender has more than one prior DUI / ARD; or 6) The offender’s blood alcohol level is 0.30% or above.

In some cases, the ARD program may not be the best option. The arresting officer may have made an illegal stop of your vehicle or may not have had probable cause to arrest you at the scene of the vehicle stop. It is important, therefore, to contact an experienced Lancaster, PA DUI Lawyer immediately following your arrest to determine your best course of action.

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Am I eligible for an Occupational Limited License?

Fri, 07 Feb 2014 18:42:00 GMT

An Occupational Limited License (OLL) is a limited driver’s license issued to a driver whose Pennsylvania driving privilege has been suspended. An OLL, also known as a “Bread and Butter” license, authorizes driving a designated motor vehicle, under certain conditions, only when it is necessary for the driver’s occupation, work, trade, medical treatment or study.

In many instances, when a driver’s license is suspended, he or she is not eligible to receive an OLL due to the nature of the offense. A violation of the Controlled Substance Act, including Possession of a Small Amount of Marijuana, for example, is a crime for which the offender is not eligible to receive an OLL.

In other instances, such as a conviction for Driving Under the Influence (DUI) in Lancaster County, eligibility depends on a number of factors. A first offense DUI conviction, for example, qualifies only if the driver is given a one year suspension. However, under those circumstances, the OLL cannot be issued until the driver has served 60 days of the one year suspension. The “one year suspension” language is important because that means a driver accepted into the ARD program (which results in either a 30-day or 60-day suspension) is not eligible to receive an Occupational Limited License. The only other DUI convictions in which an offender may qualify for a “Bread and Butter License” is where the law mandates an 18 month license suspension and the driver has no more than one prior DUI offense within the prior ten years (in other words, a second offense where the operator’s BAC exceeds .10%). Under those circumstances, the driver must have served 12 months of the 18 month suspension, have satisfied all restoration requirements and have the ignition interlock installed on your vehicle before an OLL will be issued.

If you have been arrested under suspicion for a DUI in Lancaster, PA or Millersville, PA, contact an experienced Lancaster, PA DUI attorney to explore all your options prior to having your driving privileges suspended.

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Millersville, PA Underage Drinking

Wed, 08 Jan 2014 20:59:00 GMT

Each year, around this time, with college students arriving back on campuses, I receive a myriad of phone calls from college students concerning various summary offenses they received on their first few days back on campus. These summary offenses range from citations for alleged Public Drunkenness (18 Pa.C.S.A. 5505), Underage Drinking (18 Pa.C.S.A. 6308), and Disorderly Conduct (18 Pa.C.S.A. 5503).

These calls often lead to questions regarding whether the officer had a right to stop the student at the outset. There are three categories of interactions between citizens and police. The first is a mere encounter which may be supported by any level of suspicion, but carries no official compulsion to stop or respond. The second is an investigative detention which must be supported by reasonable suspicion; it subjects a suspect to a stop and detention but it does not involve such conditions as to constitute the functional equivalent of an arrest. Finally, an arrest or custodial detention must be supported by probable cause. Generally speaking, most interactions between a university officer and a student, which ultimately lead to a citation, requires the officer to show that he had reasonable suspicion to stop the student at the outset of the interaction. In other words, an officer must have reasonable belief that the student was consuming alcohol, before a stop and investigation can occur.

In Commonwealth v. Wood , 833 A.2d 740 (Pa.Super.2003, aff’d, 580 Pa. 561, 862 A.2d 589 (2004), for example, police officers walked into a bar and “carded” and detained any bar patron that appeared to be under the age of 21. After this detention, Ms. Wood made a statement that she had not been drinking at the bar, but had been drinking earlier that evening. The Superior Court of Pennsylvania determined that police lacked reasonable suspicion to detain Ms. Wood without any observation of the consumption, possession, or purchasing of an alcoholic beverage. Because the initial stop was illegal, her resulting statement could not be used against her and the citation, therefore, was dismissed.

In the event you or your son or daughter has been charged with public drunkenness or underage drinking at Millersville University or any other college campus, do not simply plead guilty, but rather speak to an experienced Millersville, PA DUI lawyer and Underage Drinking attorney immediately. The penalties for a conviction for an underage drinking charge in Millersville, PA are severe and include a license suspension of 90 days for first offense, one (1) year for a second offense and two(2) years for a third or subsequent offense.

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4 Steps to Land an Effective Criminal Defense Attorney in Millersville, PA

Fri, 20 Dec 2013 21:10:00 GMT

4 Steps to Land an Effective Criminal Defense Attorney in Millersville, PA

Author: pollockgrave

You have been charged with a crime, or circumstances tell you that you may be charged in the future. The best thing you can do for yourself is seek the assistance of a Millersville, PA criminal defense attorney, but how do you go about doing that? If you have never been in legal trouble before, you may not know how to find the best attorney. Whether you are looking for a DUI attorney Pennsylvania or some other type of criminal defense attorney, the following four step process will lead you to the right legal team.

Most Millersville, PA criminal defense attorney practices offer free consultations to determine whether your case is a reasonable fit to their services. Look through the bookmarked websites to identify practices that appear to take on your type of case, and call to book a consultation. You are not obligated to pay a retainer fee or take the attorney on, but you will get to offer details of your case and see what they suggest. You can also find out about their fees to ensure you can afford their services. Not all DUI attorney Pennsylvania offices have the same fee structures, so do not feel shy asking about price.

If you do not like one criminal defense PA practice, simply book a consultation with someone else. You can always go back to the first DUI attorney Pennsylvania practice if you cannot find anyone better.

Article Source: http://www.articlesbase.com/criminal-articles/criminal-defense-attorney-Millersville, PA-4-steps-to-land-an-effective-attorney-5437670.html

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Finding the Right Millersville, PA DUI Lawyer

Fri, 20 Dec 2013 21:00:00 GMT

Finding the Right Millersville, PA DUI Lawyer

Author: theseoguru

MILLERSVILLE PA DUI lawyers: there are so many and finding the right one is extremely important, particularly when charged with a Lancaster County DUI. Whether or not you are guilty, getting arrested is never a pleasant experience. One may be tempted to defend themselves against this type of charge, but the right attorney will result in a more positive outcome, and can provide you with advice and assistance in defending yourself against these serious charges. With so many MILLERSVILLE PA DUI lawyers advertising for your business, finding the right attorney to defend you is essential.

Clearly, many claim to specialize as MILLERSVILLE PA DUI lawyers, but this claim alone does not prove that attorneys are experienced at defending this type of charge. It is imperative that people do their homework when looking for MILLERSVILLE PA DUI lawyers. The best way to accomplish this is to research the background and specialty of a lawyer before you consider hiring them.

When someone gets charged with a Lancaster County DUI , they are obviously facing a worrisome and stressful ordeal. DUI is considered to be a serious crime. For this reason, it is in the best interest of the accused to get the most effective legal representation that they possibly can. The right MILLERSVILLE PA DUI lawyers will be knowledgeable about DUI laws, have experience fighting DUI charges, and may even have previous experience working as prosecutors. And if you are charged with a Lancaster County DUI, you will want to find MILLERSVILLE PA DUI lawyers who have experience defending a Lancaster County DUI. Generally speaking, you want an attorney with extensive experience defending DUI cases, and someone who has a demonstrated track record of successfully defending their clients.

It is also beneficial to hire MILLERSVILLE PA DUI lawyers who have built a solid reputation among prosecutors and judges. This can be particularly useful when attempting to reach a plea deal. Also important is finding MILLERSVILLE PA DUI lawyer who maintain a network of experts who may be needed to mount a good defense, such as toxicologists, addiction counselors, private investigators and psychiatrists. This will enable the attorney to arm themselves with everything necessary to defend their clients.

Finally, you will want MILLERSVILLE PA DUI lawyers who treat their clients with respect and who give each client the attention their case deserves. MILLERSVILLE PA DUI lawyers with the right background and experience will be in the best position to help you defend yourself against these serious charges. MILLERSVILLE PA DUI lawyers who meet these criteria will be professional and experienced and best able to provide you with a winning defense. A Lancaster County DUI can be difficult to defend, so clients should be sure to do their homework when choosing from the many MILLERSVILLE PA DUI lawyers.

Article Source: http://www.articlesbase.com/criminal-articles/pa-dui-lawyers-finding-the-right-one-5682277.html

The post Finding the Right Millersville, PA DUI Lawyer appeared first on Goodman & Kenneff .