Search Results

Vaccine Injuries The advent of vaccinations has changed the world both in the U.S. and globally. From the eradication of smallpox to the near eradication of polio and whooping cough – all highly contagious – vaccines mean a safer, more promising future for millions. Now, people can even be protected from certain forms of cancer, like cervical and liver cancer from vaccines. Despite these amazing advances, complications and negligence still occur. Long History of Vaccine Injuries Though vaccine injury is extremely rare, it does happen. In 1955 about 200 people were paralyzed and ten died after contracting polio from the Salk polio vaccine, certain lots of which contained viruses that had not been inactivated in spite of manufacturers’ adherence to federal government standards. Through the 1970s and 1980s, the number of lawsuits brought against vaccine manufacturers increased dramatically, and manufacturers made large payouts to individuals and families claiming vaccine injury, particularly from the combined diphtheria-pertussis-tetanus (DPT) immunization. Beginning around 2001, hundreds and then thousands of families began to petition the National Vaccine Injury Compensation Program (NVICP) claiming that their children’s autism resulted from vaccination. In 2021, there have been nearly 8,000 reported deaths due to the COVID-19 vaccines with the U.S. Vaccine Adverse Event System (VAERS) reporting system. What this history shows is that big pharmaceutical companies are not known for their reliability. They often consider the dollar first and the patient second. New vaccines should be tested well before hitting the market. If you notice that the FDA approved a vaccine that scientists only recently created, it may be wise to give it time – depending on the circumstances and medical advice. Before You or Your Child is Vaccinated If it’s time for vaccinations and you have concerns, there are some things to consider before letting a doctor administer vaccinations to yourself or your children: Illness – If you or your child has a virus, consider waiting a few days to allow the body to recover before immunizing. Most doctors will see your child or yourself at one appointment, but won’t let you do a walk-in for immunization until after the virus has passed. Previous reactions – If you or someone in the family has had a negative reaction to a vaccine, talk with your doctor about it first. There may be alternative vaccines, or your physician may recommend waiting a period of time. Side effects – Understanding what to expect after a vaccination can save a parent days of worry. Know what drugs you or your child are getting and all the possible responses. Be alert for the next few days for these reactions. Perhaps most importantly, however, is that you and your doctor have a good relationship and that you trust his or her advice. You should never see or have your children see a physician who is unable to openly speak with you about vaccinations. When to Seek Help for Vaccine Injuries If you believe you or your child has suffered from a vaccine injury, talk to your doctor first. Like anything else, it’s wise to get a second opinion, especially if your doctor fears the repercussions of admitting the vaccine may have caused issues. Your next step may be to discuss your options with an experienced vaccine injury attorney who understands the complex issue of vaccination from a national perspective. Contact Fiffik Law Group for an injury attorney who will examine your case and determine the next steps of action. Call today for your free consultation.

History of the Paid Sick Leave Bill On Tuesday, September 14, 2021, the Allegheny County Council unanimously passed a paid sick leave bill. The County Sick Leave Bill was first proposed nearly a year and a half ago and was passed in March 2021 by a Council vote of 15-4. However, County Executive Rich Fitzgerald vetoed the Bill on the basis that the County’s Board of Health must first approve regulations before they are passed by the County Council. In July, the County Health Board passed the regulation that largely included the provisions that were previously accepted by the Council. The U.S. Census Bureau’s statistics from 2019 show that there are 33,731 employer establishments in Allegheny County. Of that, nearly 18% of those employ 20 or more employees. The Census Bureau does not show an exact figure on how many establishments employ 26 employees or more. Therefore, it is safe to assume that a large number of County businesses will be affected by this mandate. What the Bill Provides for Employees The Paid Sick Leave Bill will apply to County businesses that employ 26 or more employees. The big question regarding the Bill is what employees count towards that 26-employee figure? The Bill itself states an employee will be defined in the same manner is defined in the Labor Section of the Pennsylvania code. This section of the code defines employees as “any individual employed by an employer.” However, the Bill excludes independent contractors, state and federal workers, and seasonal employees from the calculation of the size of a business’s workforce. Based on a cursory interpretation, an employer will need to count all persons they employ that do not fall into one of the above categories. A previously passed bill already requires Employers operating within the City of Pittsburgh to provide employees with a guaranteed five (5) days of paid sick leave. Those employers operating outside the City of Pittsburgh, but within Allegheny County, must implement policies wherein employees shall accrue at least one (1) hour of paid sick time for every 35 hours worked. The accrual of paid sick time is capped at 40 hours in a calendar year unless more is authorized by the employer. Employees may carry over paid sick time to the following calendar year, so long as the paid sick time does not exceed 40 hours. An employee may use this paid sick time to care for themselves or for the care of a family member. Employees are not eligible to use this paid time off until their 90th day of employment. What the Bill Requires of Employers The Bill mandates that employers provide several benefits to employees, but also requires employers to implement systems to support those benefits as well. First and foremost, employers are required to inform their employees of the benefits this Bill provides if it is applicable to the company. To make use of this provided time, employees are required to file a “request for leave.” This request is to include the anticipated duration of the leave. Employers may implement their own policy that establishes how soon before an employee’s shift they must notify the employer of their absence. The default established by the Bill is one (1) hour prior to the beginning of an employee’s shift. The notification policy must be deemed reasonable and cannot inhibit an employee’s use of their sick leave. A policy will be deemed reasonable based on a variety of factors including the industry standard, shift time and length, company size, etc. However, if an employee’s request for paid leave will be three (3) days or longer, an employer can request documentation evidencing that the sick leave is being used appropriately. Employers are also required to maintain a record-keeping procedure under this Bill. The employer must now retain records of both the documented hours worked by an employee and also a record of any paid sick time taken. These records must be kept by the employer for a period of at least two years. Violations of any provision of this Bill may result in fines of $100 per violation. What This Means for Your Business If your business meets the criteria of this Bill and employs 26 or more employees, then you should read the provisions of the Bill below. It is a good idea to review your current sick leave or PTO policies, if you have one in place, to see if it meets the requirements of the Bill. Employers should begin planning to either implement a new policy or overhaul their current one to make sure it is compliant. It is important to reiterate that employers must make this new policy known to their employees, and also inform them of the company’s individual notification procedure. Businesses should also verify that their record-keeping procedures are adequate to meet the requirements of the Bill. There are various nuances in this Bill that may affect your company, but Fiffik Law Group is able to help you analyze your current procedures to make sure they are compliant and offer advice on any updates that may be necessary. We are constantly monitoring for developments on the situation and will provide updates as they arise. View the Full Paid Sick Leave Bill Here

The world’s population is aging at a faster rate than ever before and people are living longer. Every day until 2030, 10,000 Baby Boomers will turn 65, and 7 out of 10 people will require long-term care in their lifetime. Here are some statistics (all are "on average") you should consider: Someone turning age 65 today has almost a 70% chance of needing some type of long-term care services and supports in their remaining year Women need care longer (3.7 years) than men (2.2 years) One-third of today's 65 year-olds may never need long-term care support, but 20 percent will need it for longer than 5 years According to the Genworth Financial Cost of Care 2020 Survey, the average monthly cost of a one-bedroom unit in a Pennsylvania personal care residence or assisted living residence is $4,550. For a private room in a skilled nursing facility, the median monthly cost is $11,268. If you are looking for care for yourself or a loved one, you must understand how you are going to pay for it. Many people believe – wrongly – that Medicare, Social Security, or Medicaid will pay for their long-term care needs. Medicare will pay for long-term care only if you require “skilled” services, meaning a short stay in a skilled nursing facility, hospice care, or the costs associated with home health care. Even then, they’ll only cover these costs for a maximum of 100 days. Since the majority of long-term care is non-skilled assistance (helping with eating, moving around, bathing, etc.), it may be safe to assume that Medicare will not cover your long-term care needs. And if you do meet their requirements, once that 100-day window closes, you’re on your own for 100% of the costs incurred. Medicaid does cover skilled nursing facility care (not assisted living or personal care) for the impoverished. Medicaid is a benefit that is dependent on the value of your assets, which means your assets have to be depleted to a very low level before the government will step in and help you pay for your long-term care bills. This level varies on a state-by-state basis. You must apply through your State Medical Assistance office to see whether you qualify for assistance. Pennsylvania Long-Term Care Medicaid Eligibility 2021 The preceding sections are designed to help you understand how you can pay for care – privately or through government programs. But if you or a loved one are considering long-term care, we recommend that you also talk with someone who can help you to understand your own financial situation, such as a hospital discharge planner, your local Area Agency on Aging office, or county’s Medical Assistance office. It is also recommended that you talk with an elder law attorney at Fiffik Law Group, who can help you understand how to best manage your assets.

As the leader of your company, you know it’s your job to keep yourself and your team focused on the right things. We encourage our business clients to have quarterly plans and review progress each week. It becomes a clear accountability tool to ensure that you and your team are focused and hitting the key milestones on time. The first two quarters of the year are done. How did you do? It’s time to do a little “check-up” on the past two quarters and use it as a springboard to achieve success through the third quarter. Ask yourself: What goals did you reach? What helped you reach those goals? What did you miss and why? What can you do differently to ensure you achieve your goals? What are your goals for the third quarter? What areas of your business could be a challenge this quarter? What are the areas you struggled with last quarter? If you've not prepared a quarterly plan in 2021, it’s not too late to start. The discipline of working with a quarterly action plan helps businesses grow faster and more consistently, sometimes as much as thirty percent annually. It just works. Request Our One-Page Quarterly Business Plan Template Here

December 31 is the deadline to apply for an SBA Economic Injury Disaster Loan or up to $15,000 in a Targeted Advance grant. The SBA is encouraging small businesses to apply by easing the EIDL guidelines so more funds can be distributed. SBA Grants Do Not Have to be Paid Back The EIDL Targeted Advance and Supplemental Advance grants provide sums up to $15,000 which don’t have to be paid. As a business, you must show a 30% decrease in revenue during an eight-week period beginning on March 2, 2020. Beyond this requirement, you can’t have more than 300 employees and you must use the funds for working capital and other operating expenses. Even though this small business grant doesn’t have large sums of money, it can help very small businesses address financial challenges. Need some new equipment? Want to upgrade your website? This money would really come in handy to give your business a lift. To receive an advance, you must first apply for a COVID-19 EIDL. You do not need to accept the loan or be approved for the loan to receive an advance. Get the EIDL Application Checklist Get up to $2 Million in Loans The SBA lifted the COVID EIDL cap from $500,000 to $2 million. Loan funds can be used for any normal operating expenses and working capital, including payroll, purchasing equipment, and paying off debt. That last change is huge – you can use the EIDL money to prepay (refinance) your existing commercial debt and make payments on federal business debt. If you have an existing loan, your rate is probably higher than the EIDL rates. You should consider an EIDL to refinance. Here’s another great benefit of these loans: Borrowers can request increases up to their maximum eligible loan amount for up to two years after their loan origination date, or until the funds are exhausted, whichever is soonest. The Rates are Lower than Commercial Loan Rates The rates are great – 3.75% if you’re a for-profit company. Non-profits can apply as well and their rate is an even better rate at 2.75%. A conventional real estate-backed commercial bank loan rate will be anywhere between 5 to 10%. The loans have 30-year terms, compared to 5 years for bank loans, which greatly reduce your monthly payment. For example a $100,000 conventional loan at 5% interest with a 10-year amortization will cost you a monthly payment of nearly $1,100. Your monthly payment for an SBA EIDL loan would be just above $400. That’s a huge difference. No Payments for Two Years EIDL borrowers will not have to begin repayment until two years after loan origination. Your company can get the loan it needs, get fully through the pandemic without worrying about monthly payments. That’s a great deal. Apply, You Have Nothing to Lose The benefit of the EIDL program is you can apply even if you have received funds through the Paycheck Protection Program, the Restaurant Revitalization Fund, or the Shuttered Venue Operators Grant. Whether it is a loan with low rates and a 30-year maturation date or grants you don’t have to pay back, it doesn’t hurt to apply. But time is running out, so do it right away. When it comes to the Supplemental Targeted Advance applications, they will also be accepted until December 31. However, because of the legal requirements, the SBA says it may not be able to process some Supplemental Targeted Advance applications if they are submitted close to the December 31 deadline. After the December 31 deadline, the SBA cannot continue to process these applications. Need business help? The experienced business attorneys at Fiffik Law Group have counseled thousands of business owners. We can bring that experience to bear for your business. Request a consult today or simply call us at 412.291.1014.

While the COVID-19 vaccines and their boosters continue to roll out to the public, the Pew Research center has reported that one in four Americans said they would either “probably” or “definitely” not get the vaccine. So, what does that mean for those individuals when it affects their livelihood? Continue reading to learn some exceptions to mandates that employers can place over their employees. Employers can legally require their employees to get vaccinated. They can even fire employees who are not willing. And in the midst of an unemployment crisis, Americans will really have to think twice about whether not receiving the vaccine is more important than keeping their job. Would employers really terminate employees who don’t want the vaccine? The short answer is, yes. For many small businesses like restaurants, having all their employees vaccinated provides an advantage in the post-Covid era. Think about it: If a restaurant owner can say all their employees have been vaccinated, it makes customers feel safer and more relaxed eating there, which is necessary for their business. Of course, there are a few noteworthy exceptions to the vaccine mandate. Unionized workforces: If a workforce is unionized, the collective bargaining agreement could require negotiating with the union before requiring a vaccine. Medical reasons: Employees under the Americans with Disabilities Act can request an exemption. In this case, the employer would have to provide proper accommodation, like allowing the employee to work from home. Religious beliefs: Under Title VII of the Civil Rights Act of 1964, people can potentially opt out if they consider the vaccine a violation of a “sincerely held” religious belief. See more information on this below. One thing is clear though: If employers do require their employees to be vaccinated, they are not liable for side effects that may develop. These would be routed through worker’s compensation programs and treated like an “on-the-job injury.” Since employers are waiting to make it a requirement over the next few months for more of a significant number of people to be vaccinated, right now employers might consider simply offering perks for employees for getting vaccinated. For example, one reward could be not requiring employees who received the vaccine to wear masks or have their temperature taken. Other employers might go as far as offering financial perks to those receiving the vaccine, like cash bonuses. It is critical that you understand your rights as an employee. American workers everywhere have seen their job status thrown into uncertainty over the coronavirus pandemic. But you have options to maintain some control – the mandates still provide employees with the ability to apply for medical or religious exemptions to the vaccine. Employers are instructed to implement their own policies for requesting exemptions. Although an employee may receive an exemption from being required to receive the vaccine, they will still be required to comply with other standards set in place. To get you started with your exemption, download our religious exemption letter below. Download our religious exemption request letter here. This is a constantly unfolding issue and our firm is dedicated to keeping you up to date anytime there are developments. Additionally, if you have questions about regulations or implications on your children or families, please consult a knowledgeable Fiffik Law Group attorney regarding your options. Our firm can help you understand your rights and obligations as well as plan a response to the new policies.

Having a new baby is expensive. According to the USDA Report: Expenditures by Families on Children, a family will spend over $13,000 annually on a new child. New parents are often surprised when everything costs more than expected. Where will the money come from? A recent change in the law offers access to much-need funds from an unexpected source – your retirement account. USE YOUR IRA OR 401(K) TO COVER NEW BABY EXPENSES The federal SECURE Act (the “Act”) brought significant changes to how many Americans plan for retirement. One of the more popular changes is good news for anyone thinking of starting a new family or adding to an existing one. Following the birth or adoption of a child, parents are permitted to withdraw up to $5,000 from an IRA or 401(k) plan without incurring a 10% early withdrawal penalty. Prior to the SECURE Act, individuals under 59 ½ that withdrew pre-tax funds from an IRA or 401(k) plan would incur a 10% early withdrawal penalty and have the entire distribution treated as taxable income in the year it was taken. HOW DO I GET MY $5,000? After the birth or adoption of a child (the “qualifying event”), a parent is permitted to take a distribution of up to $5,000 from an IRA or a 401(k) plan. Timing of the distribution is particularly important since the withdrawal must be taken after the birth or adoption of a child. Parents have up to one (1) year following the date of birth or date the adoption is finalized to take the distribution from their retirement account to avoid the 10% early withdrawal penalty. DOES THE $5,000 LIMIT APPLY TO EACH PARENT? Yes, the $5,000 distribution is available on a per parent, per child basis. For a married couple, each spouse can take a penalty-free distribution of up to $5,000 for a qualified birth or adoption. EXAMPLE: Let’s assume a married couple, Mr. & Mrs. Watt, each with their own employer-sponsored 401(k) plans, had twins on January 1, 2021. Both parents may take up a $5,000 distribution for each child from their respective retirement account, for a combined distribution of $10,000 per parent, any time up until December 31, 2021. WILL I OWE INCOME TAX ON AN EXEMPT EARLY WITHDRAWAL? Yes, but it is avoidable. The 10% early withdrawal exemption is available for each qualified birth or adoption, making you eligible for a penalty-free distribution.  Please note, while this exemption allows parents to avoid an early withdrawal penalty, the withdrawal is still treated as taxable income in the year the distribution occurs. You can avoid all tax on the withdrawn money if you return it to the same or different IRA or tax-deferred investment within sixty (60) days. Explore 12 Ways to Avoid IRA Early Withdrawal Penalties and Taxes ARE THERE ANY DRAWBACKS TO TAKING AN EXEMPT EARLY WITHDRAWAL? It depends on your circumstances. While the $5,000 could help manage expenses associated with the birth or adoption of a new child, you should consider other options before tapping into your retirement account. It is important to understand how taking a withdrawal will affect your overall financial situation, including any potential liabilities you may incur. Please consult your attorney or tax advisor to provide a more in-depth analysis. IS THE EXEMPTION AVAILABLE TO EVERYONE? While the SECURE Act authorizes up to $5,000 penalty-free distributions after the birth or adoption of a child, companies decide whether they provide this option to their employees. Please contact your employer to find out if your retirement plan has this option. Having a Baby is a Great Time to Get Your Will Done You’ve got a (bigger) family now – it's time to make sure they’re taken care of after your gone. Get your Will started today – we make it very easy. For more information about the SECURE Act or questions about estate planning for your family, please call (412) 391-1014 to be connected with one of our experienced estate planning attorneys. We make it easy to protect your family and plan for retirement. We guide you and your family using our flat fee billing methods so there is never a surprise with one of our invoices. Our attorneys prepare thousands of wills, trusts, powers of attorney, and healthcare directives annually for people all across Pennsylvania just like you.

Do This Before You Leave Your Kids with Someone While Away Vacations with the kids are great but sometimes you need some adult time. It's not uncommon for parents to leave kids with a grandparent, sibling, aunt/uncle, or even friends of the family during an adult vacation or business trip. You hope that no emergencies arise while you’re gone. Just in case something were to happen, you leave the caretaker with your cell phone number and other details so they can contact you in case of an emergency. That’s not enough. What if your child has a medical emergency and you can’t be reached? Maybe you’re in a bad cell area, or in a conference where you can’t be bothered. Your caretaker might need to make quick decisions and have the authority to make them. That’s where a medical power of attorney for your child is critically important. Medical Consent for a Minor Under the Medical Consent Act, a parent who is temporarily unable to care for the needs of a minor child or children may designate an adult to consent to medical and/or mental health treatment for a minor child or children. This act permits the designated adult, on behalf of the designated minor or minors, to consent to medical, surgical, dental, developmental, mental health, or other treatment. Such a designation must be in writing and must be signed by the parent in the presence of two witnesses who are at least eighteen (18) years old. The adult who is being given the power to consent to the treatment specified also must sign the document. Legal custodians and legal guardians of minor children may also designate another adult to consent to treatment on behalf of the minor or minors for whom they are responsible. Click Here to Download our Free Medical Consent for Minors Form An important way that you can love and care for your family is to get your Will and estate plan in place. Our experienced and trustworthy estate planning lawyers at Fiffik Law Group are here to help. Our lawyers have helped over 40,000 clients get their estate plans in place and we’re ready to bring that experience to bear for your family. We make it easy – get your estate planning started today.

The school mask mandate scheduled to end on December 8, 2021, will continue indefinitely. The PA Supreme Court of Pennsylvania recently ruled to restore a lower court ruling that will keep the mask mandate on school children in effect. Timeline of the Pennsylvania School Mask Mandate August 31, 2021 – Acting Health Secretary of Pennsylvania, issued an order requiring all students, staff, and visitors to wear masks in school, at school functions, and on school grounds (Order took effect September 7, 2021). October 10, 2021 – Parents of children attending PA schools file a lawsuit against Health Secretary Beam seeking to have the mask mandate deemed unconstitutional. November 10, 2021 – PA Commonwealth Court rules that Health Secretary Beam’s mask mandate was unconstitutional and did not comply with PA laws about writing or approving legislation. November 11, 2021 – Governor Tom Wolf appealed the lower court’s ruling and the PA Supreme Court stayed the decision. Meaning the Commonwealth Court’s decision to overrule the mandate does not take effect and therefore the mandate is still enforceable. November 17, 2021 – The Commonwealth Court ruled that the stay granted to Governor Wolf’s administration is lifted and the mask mandate must end by December 4, 2021. November 30, 2021 – The Pennsylvania Supreme Court overrules the November 17 decision while the high court considers an appeal. This returns the mask mandate to effect until at least December 8, 2021. Takeaways for Parents As of this moment, the mask mandate in PA schools is still in place. The Supreme Court’s ruling keeps the mask mandate in effect until the court can rule on the appeal granted to Governor Wolf’s administration. The ruling stated that the mandate will remain in effect until December 8, 2021, but it is unclear at the moment whether that is a firm deadline. Governor Wolf’s administration in previous statements hinted at the fact that individual school districts will be able to implement policies regarding mask mandates starting on January 17, 2022. Options for Parents and Children Your children will still be required to wear masks while they attend school. As discussed in our previous articles, there are still options to exempt your children from this policy. Parents can apply for both a religious or medical exemption from the mask mandate. There are several elements that need to be met in order to secure an exemption. This is a constantly unfolding issue and our firm is dedicated to keeping you up to date anytime there are developments. Additionally, if you have questions about regulations or implications on your children or families, please consult a knowledgeable Fiffik Law Group attorney regarding your options. Our firm can help you understand your rights and obligations as well as plan a response to the new policies.

Driving After DUI Conviction: Can You Get a Work Permit? If you plead or are otherwise found guilty of DUI in Pennsylvania, your driving privileges will be suspended. For a first offense DUI, the license will be suspended for one year. Subsequent DUI convictions have more severe penalties. It is possible to get a restricted drivers license to drive to work or school, but it depends on whether your DUI was also associated with a refusal to submit to a field sobriety test. Consequences of Refusing a Breathalyzer Test When you get pulled over in Pennsylvania on suspicion of DUI, the police officer might ask you to take a breathalyzer test. When you become a licensed driver in Pennsylvania, the fine print on your application states that by signing your name, you imply you are giving consent to take a breathalyzer test whenever a law enforcement officer requests it. By refusing this test, you are breaking the law, even if you have not been drinking. When you blow into this handheld device, it gives a reading of your blood alcohol concentration (BAC). The legal limit is 0.08 percent. Depending upon the jurisdiction, the officer might not ask you to take a breathalyzer test. Different police departments have different protocols for DUI stops. In some places, the officer might first subject you to a field sobriety test, which involves agility drills to help determine your level of intoxication. Only if you fail these tests can the officer ask you to take a breathalyzer. No matter which tests you are asked to take, refusal to do so may constitute a violation of the implied consent law and result in license suspension. Occupational Limited Licenses An occupational limited license (OLL) authorizes you to drive a designated motor vehicle, under certain conditions, when it is necessary for the driver’s occupation, work, trade, medical treatment or study. An OLL is often referred to as a work permit or bread and butter license. Unfortunately, if someone does get a breathalyzer refusal and his license is suspended for a 12-month period, there is no chance to get an occupational limited license. In fact, you’ll serve a license suspension in addition to the one assessed for the DUI conviction. Penalties for breathalyzer test refusals are harsher than those for DUI is many ways. For DUI, after a 60 day period into the DUI-related license suspension, that person would be eligible for an occupational limited license. The OLL, once granted, applies to the final 10 months. Depending on your violations you may have to obtain an Ignition Interlock (II) Occupational Limited License (OLL).  So for the first 60 days, you cannot drive and your license is truly suspended. But for the final 10 months of a DUI-related suspension, you would be eligible for an occupational limited license. To Apply for an OLL: You must complete Form DL-15 (PDF) Occupational Limited License Petition. Follow the instructions on the petition. Send it, along with the appropriate fee, to the address listed on the form. Be sure to keep the DL-15A (PDF) portion with your OLL once received. PennDOT will evaluate the petition and determine your eligibility by reviewing the violations on your driving record. If you do not qualify for an OLL, you will be sent a letter denying your application. If you qualify for an OLL, you will be sent an OLL camera card, which you will need to take to the nearest Photo License Center to have your photo taken and receive your OLL. Get DUI Help If you are facing DUI or implied consent charges in Pennsylvania, a criminal defense lawyer at Fiffik Law Group, P.C. wants to help. Call us today at 412.391.1014 for a free case evaluation.

Police Improperly Seize Cellphone Data A Pennsylvania appellate court has ruled that evidence derived from a police officer casually asking a suspect to see his cellphone without an explanation of the suspect's rights regarding the subsequent "data dump" was correctly suppressed in the criminal case. Can I Look at Your Phone? The defendant was suspected of committing a crime. He was asked by the police to come in for informal questioning. The defendant went without his parent or an attorney. The police set him at ease by telling him that he was not under arrest and was free to leave anytime. During the subsequent conversation, the police asked the defendant if they could look at his cellphone. The defendant agreed and showed the police pictures on the phone and the police. The police, after asking the defendant to sign a long, complex “consent form”, downloaded all of the data from the defendant’s cellphone. The defendant was subsequently charged with a crime and the police attempted to use the cellphone data against him at trial. Court Suppresses the Cellphone Data The court in Commonwealth v. Gallagher granted the defendant’s motion to prevent the police from using the data from his cellphone against him at trial. The defendant was free to refuse the police’s request to see his phone and could have limited or withdrawn his consent at any time. The court determined that the police failed to inform him of his right to refuse the request to see his cellphone. The form they had the defendant sign also failed to inform him what kind of search and seizure he was agreeing to. The court noted: Based on the question Gallagher was asked in the context of their conversation, it is far from clear that “looking at” his phone would include a complete data dump, as opposed to flipping through his photograph folder, which is what Gallagher was doing when the officer asked if Gallagher would mind if he “looked at” it. Lessons Learned If you’re suspected of committing a crime, the stakes are incredibly high for you. Once you’re charged, conviction rates are typically very high. You have to work as hard as possible to avoid being charged in the first place. Getting legal help early in the process is crucial. There are a few takeaways from this case. 1. Your cellphone data is legally protected. The court reaffirmed U.S. Supreme Court precedent recognizing that it is unlawful for the police to access any information from your cellphone without a warrant or without the fully informed and voluntary consent of the cellphone owner. 2. Don’t Attend a Police Interview Without an Attorney. If the police ask you to come in for questioning, they usually do not have enough information to charge you with a crime or all of the crimes they suspect that you’ve committed. You have no obligation to speak to the police when asked to do so. You should not speak to the police without first speaking with an attorney. 3. Don’t Sign Police Forms Without Speaking with an Attorney. If you’re asked to sign any kind of consent or waiver form by the police, do not sign it without at least reading it. The better course of action would be to not sign it without consulting with an attorney. If you or your child are asked to speak with the police, do nothing until you’ve consulted with one of the experienced criminal defense attorneys at Fiffik Law Group. We can help protect your rights and defend your reputation and right to liberty.

A judge in Louisiana has stopped a federal mandate requiring health care workers to get the COVID-19 vaccine from going into effect. U.S. District Judge Terry Doughty granted the preliminary injunction yesterday. The now-delayed mandate required that most healthcare workers have at least one vaccine by December 4, 2021. Workers in facilities that received federal payments in the way of Medicaid or Medicare benefits were impacted. That covered the vast majority of healthcare workers. The judge's order says it will apply to all but 10 states where a preliminary injunction had already been put in place on Monday by a federal judge out of Missouri. This includes Pennsylvania. The preliminary injunction is temporary, and a higher court will ultimately decide the fate of the rule. Healthcare workers who have a valid medical or faith-based reason for not being vaccinated are exempted from the mandate. You can download our faith-based request for vaccine exemption here. We’ll continue to update you on developments in this very important debate.