- Child Pornography
- Domestic Violence Cases
- Driving under the influence (DUI)
- Drug Crimes
- Federal White Collar Crime
- Health Care Fraud
- International Criminal Law and Extradition
- Internet Crime
- Medical Marijuana
- Misdemeanor / Felony Crimes
- Money Laundering and Racketeering (RICO)
- Professional Licensure Issues
- Sex Crimes & Abuse Allegations
- August 9, 2017
Massachusetts Court Protects Medical Marijuana Use by Employees
- August 7, 2017
Pennsylvania Doctors Now Able to Register to Provide Medical Marijuana Prescriptions
- August 2, 2017
Colorado Court Says Alert from Drug Sniffing Dog is No Longer Enough to Search Car
- July 27, 2017
Medical Marijuana Dispensary Permits Awarded
- July 26, 2017
Recreational Marijuana Use in Nevada Hit a Minor Rough Patch
PENNSYLVANIA MAN SUCCESSFULLY CHALLENGES STATE’S “MEGAN’S LAW”
An anonymous defendant successfully challenged Pennsylvania’s Megan’s Law statute and was found not to be subject to its community notification provision. The man, convicted of sexually assaulting an eleven year-old girl in New Jersey, was sentenced to five years probation and parole supervision for life. In the sentencing report, the judge found defendant was unlikely to repeat such offense and that this incident was likely the result of intoxication.
The man chose to serve his sentence in Pennsylvania in accordance with the Interstate Compact concerning Parole and Probation, which allows a person, upon approval, to serve a probation or parole sentence in a state other than where the crime was committed. Pennsylvania’s Megan’s Law requires that only sex offenders convicted in Pennsylvania that are found to pose a risk of repeat offense be subject to the community notification provision. However, all sex offenders transferring their sentence from out-of-state are subject to community notification.
The Third Circuit, Court of Appeals, accepted defendant’s argument that this contradiction in Pennsylvania’s Megan’s Law violated the United States Constitution’s Equal Protection Clause. Had the same crime occurred in Pennsylvania, defendant would not have been subject to community notification. Therefore, subjecting the man to community notification simply because he transferred his sentence from New Jersey did not promote any legitimate state interest and violated the man’s constitutional rights.
Sex Crimes are serious matters in the Commonwealth of Pennsylvania, as well as throughout the United States. These crimes carry harsh penalties. In addition to prison sentences a convicted offender may be subject to “Megan’s Law”, which is intended to “protect the safety and general welfare of the people of this Commonwealth by providing for registration and community notification regarding sexually violent predators who are about to be released from custody and will live in or near their neighborhood”.
Sex Offenses in Pennsylvania are serious crimes which carry many substantial penalties if you are convicted. An experienced Pennsylvania Criminal Defense Attorney should defend you against these charges.
Posted in: Sex Crimes & Abuse Allegations