JD Law, P.C.

A person normally cannot obtain an expungement order from a court to have newspapers remove articles from the web. This means that a person can be found not guilty, file an expungement to have the court records of the incident destroyed, but the person's case information may remain online. The Boston Globe is taking steps to allow for some people to have online articles removed or de-listed from search engines. This a great idea that should be followed by all newspapers and online periodicals.

The odor of marijuana is not automatically evidence of criminal activity because marijuana can be lawfully possessed and consumed in Pennsylvania. Criminal law is finally catching up with societal law. Cops smelling marijuana no longer automatically have probable cause to conduct a search. The odor is now just a factor that is to be considered.

Maybe Republican lawmakers should actually consider the Governor's proposal as a bargaining chip to or trade off, meaning the Governor agrees to sign the resolution rescinding the disaster designation and he gets the legalization of marijuana. The tax revenue generated from the sale of marijuana could help offset government expenses during to Covid. According to a Franklin and Marshall poll from October of 2019, the majority of Pennsylvanians support legalization. Maybe the legislative branch and executive branch could actually consider working together for the betterment of Pennsylvania citizens.

Everyone has an opinion on where and when masks should be worn. Everyone is entitled to have an opinion. Having an opinion on what the law should be does not change what the law actually provides or mandates. This article explains lawfulness of Governor Wolf's Proclamation of Disaster and the executive orders that were issued thereafter. I have read many opinions about the lawfulness of the orders, and I disagree with many of those legal opinions. Some people claim that t...he Governor does not have the authority to issue the Order. Some people argue that an Order is not a law and need not be followed. Some people claim that the law does not need to be followed because they can simply lie about having a medical condition. Some people think that businesses cannot require masks. Some people were told that by state representatives that the legislative branch had rescinded the Governor's proclamation and thereby terminated his orders. In this article, my intent is NOT to opine on what I THINK that the Governor should do. The goal is to explain the laws that do apply and to discuss the Pennsylvania Supreme Court decisions that have interpreted those laws. I am not giving an opinion, I am giving a review of the status of the masking mandates. People can choose to ignore masking mandates, the same way that they choose to ignore many other laws, like speeding, but a choice to ignore the rules does not mean that the rules are unlawful. If you truly think that the rules are unlawful, contact your local politician and hold him or her accountable. See more