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Elisabeth K. H. Pasqualini

Elisabeth Pasqualini’s Legal Guides

54 total


  • Can I Refuse the Field Sobriety Tests in PA?

    One may refuse the FST's in PA. However, the prosecutor may use this refusal to show a consciousness of guilt. There is no right to refuse the tests. Field sobriety tests are neither testimonial in nature nor do they extract or communicate protected knowledge or thoughts. Field...

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  • Can I Really Be Cited for Driving with Headphones in PA?

    No driver shall operate a vehicle while wearing or using one or more headphones or earphones. By Elisabeth K.H. Pasqualini, Traffic Attorney, Harrisburg, PA You may be aware that the PA Legislature recently enacted a law that prohibits texting while driving. That prohibition i...

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  • How Can the Police Prove I Was Possessing with the Intent to Sell?

    Possession with the intent to deliver may be inferred from the circumstances. However, it still must be proven beyond a reasonable doubt. The Pennsylvania Supreme Court has made clear that a defendant charged under 35 P.S. 780-113(a)(30) must, among others, be shown to have ha...

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  • Synthetic Drugs and the Problems of Police Identifications at Preliminary Hearings

    There currently exist no field test protocols for synthetic drugs. By Attorney Elisabeth K.H. Pasqualini, Drug Defense Attorney, Harrisburg, PA A recent amendment to the PA Drug, Device and Cosmetic Act (ACT NO. 2011-7 S.B. No. 1006 HEALTH AND SAFETY--CONTROLLED SUBSTANCES--BAT...

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  • Five Things You Probably Didn't Know about Field Sobriety Tests ("FST's") in PA

    Field Sobriety Tests provide the officer with probable cause for an arrest for DUI if done properly By Attorney Elisabeth K.H. Pasqualini, DUI Defense Attorney, Harrisburg, PA Standard field sobriety tests often provide a police officer with the first significant opportunity to ...

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  • Child Victim Credibility and Sex Crimes

    Child victim credibility is difficult for the prosecution to establish at times, that is why the defense must be tactical and methodical in dealing with the child victim. By Attorney Elisabeth K.H. Pasqualini, Child Sexual Abuse Defense Attorney, Harrisburg, PA A child victim i...

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  • Technical Parole Violations in PA

    Technical parole violations need to be addressed by counsel before you are in front of the court. By Attorney Elisabeth K.H. Pasqualini, Probation/Parole Attorney, Harrisburg, PA There are a multitude of technical parole violations for defendants on both state and county sente...

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  • Implied Consent for Breathalyzer Testing and the O'Connell Warnings in PA

    As condition of maintaining driver's license within Commonwealth, all drivers are subject to implied consent requirements of motor vehicle code and must submit to blood and breath test under appropriate circumstances. Failure to do so, will result in the suspension of their drive...

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  • What is Meant by 'Suppression of the Evidence?'

    By Shaffer Engle Law Offices, LLC posted in Suppression on Saturday, January 14, 2012 Suppression of evidence is a very broad topic that could mean different things when different laws or constitutional rights are viewed in the context of the facts. By Attorney Elisabeth K.H...

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  • Expungement or Pardon- What's the Difference in PA?

    By Shaffer Engle Law Offices, LLC posted in Expungement on Thursday, January 19, 2012 An expungement will be granted by a court of common pleas when certain enumerated circumstances have been met. A Pardon is granted by the Governor of PA upon application and a hearing before th...

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