By Megan R. Moro, Attorney at Law
Criminal law is constantly evolving, with new legislation regularly enacted to address emerging issues, societal concerns, and advancements in understanding criminal behavior. Pennsylvania, like many states, has seen significant legislative changes in recent years that impact criminal law and the practice of criminal defense. Understanding these changes is crucial for both legal professionals and those navigating the criminal justice system. This article provides an analysis of recent legislative changes in Pennsylvania and their implications for criminal defense.
Recent Legislative Changes in Pennsylvania
Reforms to Sentencing and Probation
One of the most notable legislative changes in Pennsylvania has been the reform of sentencing and probation practices under Act 115 of 2019 (P.L. 620, No. 115). This act introduced several key reforms aimed at reducing the state’s prison population and addressing issues related to probation. Below is a more detailed examination of the statute and its provisions.
Reduction of Probation Terms Act 115 sought to limit the length of probation terms for certain offenses, addressing concerns that excessively long probation periods contribute to unnecessary incarceration for technical violations. The statute mandates that probation periods be proportionate to the offense committed. Specifically, the act states: "A court may not impose a probation period that exceeds the statutory maximum for the offense committed. Additionally, for misdemeanor offenses, probation terms should not exceed five years" (42 Pa.C.S. § 9754).
Restrictions on Incarceration for Technical Violations Act 115 emphasizes alternatives to incarceration for technical violations of probation. This includes violations such as missing a probation appointment or failing a drug test, which do not involve new criminal activity. The statute states: "Technical violations of probation shall not result in incarceration unless it is demonstrated that the violator poses a risk to public safety or has engaged in repeated violations that indicate an inability to comply with probation conditions" (42 Pa.C.S. § 9771).
Promotion of Early Termination of Probation Another significant aspect of Act 115 is its provision for the early termination of probation for individuals who demonstrate compliance and good behavior. The statute encourages courts to review probation terms and consider early termination when appropriate. It states: "The court shall review the status of an individual’s probation at least once annually and may terminate the probation period if the individual has complied with all terms and conditions and has not committed any new offenses" (42 Pa.C.S. § 9771.1).
Expansion of Clean Slate Law
Pennsylvania’s Clean Slate Law, which became effective in 2019, was further expanded to help individuals with criminal records seal certain types of convictions. The law automatically seals records for eligible nonviolent misdemeanors and summary offenses after a set period, provided there are no subsequent convictions. This expansion aims to improve opportunities for those with criminal records by making it easier to find employment, secure housing, and reintegrate into society.
Changes to DUI Laws
Recent changes to Pennsylvania’s DUI laws have introduced stricter penalties and expanded the use of ignition interlock devices. Key changes include:
Increased penalties for repeat offenders: Stricter penalties for individuals convicted of multiple DUI offenses, including longer mandatory minimum sentences and higher fines.
Mandatory ignition interlock devices: Expanding the requirement for ignition interlock devices for individuals convicted of DUI to prevent repeat offenses and enhance public safety.
Implications for Criminal Defense
Adapting Defense Strategies
Criminal defense attorneys must stay abreast of legislative changes to effectively represent their clients. The reforms to sentencing and probation, for example, require defense attorneys to be knowledgeable about new probation terms and conditions. Advocating for alternatives to incarceration for technical violations and seeking early termination of probation are now viable defense strategies that can significantly benefit clients.
Leveraging Clean Slate Law
The expansion of the Clean Slate Law presents opportunities for defense attorneys to assist clients in sealing eligible criminal records. This can greatly enhance a client’s ability to secure employment and housing, thereby improving their chances of successful reintegration. Defense attorneys must be well-versed in the eligibility criteria and procedural requirements to effectively navigate this process.
Addressing DUI Cases
The stricter DUI laws necessitate a thorough understanding of the new penalties and requirements for ignition interlock devices. Defense attorneys must develop strategies that consider the heightened consequences for repeat offenders and explore options such as treatment programs and plea agreements that mitigate the impact on their clients.
Navigating Sentencing Reforms
The reforms to sentencing practices, particularly those aimed at reducing the use of incarceration for technical violations of probation, provide defense attorneys with new avenues to argue for more lenient sentencing. By highlighting a client’s compliance with probation conditions and advocating for alternatives to incarceration, defense attorneys can work towards achieving more favorable outcomes for their clients.
Conclusion
The recent legislative changes in Pennsylvania reflect a shift towards more progressive and rehabilitative approaches within the criminal justice system. For criminal defense attorneys, these changes present both challenges and opportunities. Staying informed about new laws and understanding their implications is essential for effective advocacy. At Moro & Moro, we are committed to leveraging these legislative changes to provide robust and informed defense strategies for our clients. If you or a loved one is facing criminal charges, contact Moro & Moro, Attorneys at Law, to discuss how these legislative changes may impact your case and explore your legal options.
For further information or to schedule a consultation, contact Moro & Moro, Attorneys at Law. Our experienced legal team is here to assist you with all your criminal defense needs in Pennsylvania.
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