Lehigh Valley Unemployment Compensation Lawyer

Many people who lose their employment think they are not eligible for unemployment compensation because they were terminated. Actually, the opposite is true. You are often not eligible for unemployment compensation if you leave voluntarily. File for unemployment benefits in Allentown, Bethlehem & Easton now. Our employment attorneys offer initial consultations to talk with you about your rights regarding unemployment compensation.

Am I eligible for Unemployment Compensation Benefits?
If you are terminated from employment as a result of corporate downsizing, job elimination or outsourcing, you are eligible for unemployment benefits. The only times you are not eligible are if you quit voluntarily without “necessitous or compelling reasons” or if you commit “willful misconduct.” Willful misconduct is being insubordinate, committing theft or other crimes at work, or violating the rules and regulations of the workplace. Often times an employer may attempt to avoid paying unemployment by falsely alleging one of these basis. Our employment attorneys can help you get the compensation you deserve.

Do I need an attorney for Unemployment Compensation Benefits?
As the unemployment rate has increased over the past few years, the unemployment office has found new and creative reasons to deny benefits to those of us who need them the most. In past times, an employee’s declining performance was not considered willful misconduct. However, under recent cases, an employer may be able to show that an employee’s declining performance can be a basis for denying benefits. If there was ever a time where an attorney was needed for unemployment hearings, this is that time.

The Pennsylvania Bureau of Employment Security typically doesn’t deny unemployment compensation benefits unless the employer is contesting the claims. If your employer wants to contest an unemployment claim because of willful misconduct, then the burden of proof is on the employer to prove it.

Unemployment Compensation Referee Hearings
If your unemployment compensation claim is initially denied, you have a right to a hearing before an Unemployment Compensation Referee. It’s very important to be represented by a lawyer at this hearing. If the Referee finds against you, you have a right to have your claim reviewed by the Unemployment Compensation Board of Review (UCBR). However, you rarely have the ability to present new evidence after the Referee’s hearing. This is precisely why it is important to have experienced representation from the start.

Find an Unemployment Lawyer in Northampton, Lehigh, Monroe & Carbon County
If you have questions or concerns regarding employment termination and unemployment compensation, contact a qualified Unemployment Compensation Lawyer today. Attorney Madsen has a proven record of successfully representing clients at both the initial referee’s hearing and appeals to the Unemployment Compensation Board of Review (UCBR).

Speeding Tickets in Allentown, Bethlehem & Easton
Pennsylvania police use a number of different methods to track vehicle speed and issue citations. These methods include Pacing, Aircraft Speed Detection, Manual Distance Timing (VASCAR), Laser and/or electronic Distance Timing (ENRADD) and Radar. Although, in Pennsylvania only the Pennsylvania State Police are permitted to use radar.

Each method of speed detection is subject to its own set of problems, errors and legal loopholes.

VASCAR (Visual Average Speed Computer and Recorder)
Despite the complicated sounding name, VASCAR is little more than a stopwatch that automatically calculates speed over distance when activated. To use VASCAR an officer must first measure some predetermined length of road and input that information into the VASCAR unit. This is called the “track” and the length from one end to the other is called the “track distance.” He must then find a location from which he can observe both the starting line of the “track” and the finish line of the “track.” Finally, he has to flip a switch when he observes you passing the the starting line and then he must flip another switch when he observes your crossing the finish line.

The astute amongst us will probably identify that there is substantial chance of error from both the measurement of the distance, which is usually done using the police cruiser odometer as well as from the reaction time required required to flip both switches. These are, indeed, sources of false tickets.

The error caused by inaccurate measurements of the track distance and the the officer’s inherent reaction time can be mitigated by the officer by increasing the track distance. However, any increase in track distance leads to third source source, parallax. While parallax is too complicated to explain here, what is essential to know is that the further the apart both ends of the track are, the more error generated by the officers inability to observe when the vehicle passes both ends of the track. As the ends of the track move further apart, the vehicle will appear to cross the start line later and the finish line sooner, thus giving inaccurately high speed readings.

ENRADD (Electronic Non-Radar Device)
ENRADD is a semi-mobile device that uses a laser to ascertain a vehicle’s speed. ENRADD is employed by local police departments but is very rarely used by State Police.

Like VASCAR, ENRADD uses the same calculation of distance over time. “Track Distance” and time are both utilized in the calculation and should be denoted on any speeding ticket. Unlike VASCAR, the ENRADD automatically tracks when a vehicle passes the start and finish line via the use of a laser.

The ENRADD consists of, essentially, four (4) posts, two (2) posts on each side of a road. The posts on the same side of the road will be setup 3 feet apart from each other and will mark the start and finish lines of the “track.” The posts on the other side of the road will likewise be setup 3 feet apart from each other and will mark the start and finish lines of the “track.”

A laser passes between each start post and tracks when the path of the laser is broken by a passing vehicle. Likewise, the finish posts have a laser passing between them and will record when a vehicle passes between through use one or the other the laser. The time between the break in both lasers is used to calculate the time it takes the vehicle to travel three (3) feet.

So, while ENRADD is superior to VASCAR in that it does not require manual clocking by an officer, it raises its own sets of problems. The ENRADD “track” is only 3 feet long and therefore errors or malfunctions are amplified because their consequences are not dispersed across a much longer distance as would be the case in a longer VASCAR track.

VASCAR & ENRADD Speeding Ticket Defense Attorneys.

The Traffic Lawyers at Spitale Vargo Madsen & Blair have defended against hundreds of speeding tickets throughout the Lehigh Valley. Contact our Easton Law Office now at (610)258-3757 to setup a consultation regarding beating your speeding ticket..

Northampton & Lehigh County Summary Offenses and Summary Appeal Attorneys
In Pennsylvania, summary charges are the least serious charges in the criminal justice and traffic law systems. The majority of summary offenses are traffic offenses but some criminal charges are summary offenses as well.

Summary Charges: What to Expect When

Litigating a Summary Charge or Traffic Ticket in Pennsylvania

If charged with a summary, the police officer will typically write you a citation without arresting you. This is what occurs in the majority of traffic stops. In other cases, an ordinary citizen may file summary offense charges against you through the private criminal complaint process. You have 10 days to plead not guilty to the charge. Be sure to follow the instructions on the back of the citation. When pleading not guilty, you will be required to post what is called collateral. The court requires you to pay a portion of your citation in advance. If you are found not guilty at the court hearing, your money will be refunded to you.

When you are charged with a criminal or traffic summary offense, your local Magisterial District Judge will have jurisdiction over the case. Magisterial District Court is more informal than the Court of Common Pleas. District judges are not required to be lawyers but many are. On the day of your case, your attorney should speak with the police officer or other party before the hearing and request that he or she dismiss the charge, allow you to plead to a lesser charge or reduce the fine. If the police officer or opposing party is not receptive to this, it may be in your best interest to take your summary case to a trial. A typical summary trial lasts under an hour. The prosecuting party and any witnesses that he or she wishes to call will take the witness stand first.

If you retain the best trial attorney in a summary case, you have the advantage from the start. In the majority of cases, a police officer will be prosecuting the case. Very rarely will an Assistant District Attorney show up to prosecute your case in District Court. Police officers are not attorneys and have limited training in the rules of evidence and technicalities of the law.

If you are found guilty of a summary offense to District Court, you have 30 days to appeal your case to the Court of Common Pleas. Even if you plead guilty to the summary offense before consulting an attorney, you still have a right to appeal your case to the Court of Common Pleas but the deadline for this appeal may be shorter than the 30 day deadline if you’re found guilty at trial.

Common Pleas judges are required to be licensed attorneys. Typically, an Assistant District Attorney will also be in court to assist the police in prosecuting summary appeal matters. In the Court of Common Pleas you have the right to a trial de novo. This means that you get a new trial and get to start all over again. You will be able to go through the entire process that occurred at District Court. The same rules of evidence and procedure apply. The Assistant District Attorney has the ability to offer you a plea bargain on your summary appeal trial date.

At a summary appeal you will often find yourself before a more impartial and more highly trained judge, but you will also be up against a more highly trained prosecutor.

PennDOT Hearing Attorneys
Individuals who rely on a CDL for their livelihood and have an accumulation of points against their license may face a financial hardship if their license is suspended or revoked. A driver who cannot drive to work or school also faces a hardship if their driving privileges are in jeopardy. Common traffic violations can include speeding, careless driving, failure to yield or obey traffic lights or stop signs, unsafe lane changes and other traffic tickets. DUI or causing an accident resulting in injuries or fatalities, or a hit and run include significant penalties beyond license suspension. We assist clients with the following:

PennDOT hearings
Traffic ticket appeals
Driver’s license suspension or revocation
CDL suspension or revocation
Summary Appeals

Consequences of Driver’s License Points in Pennsylvania
PennDOT maintains a driving record for every licensed driver in Pennsylvania. Points are added to a driving record when a driver is found guilty of certain driving (moving) violations. The purpose of the point system is to help to improve driving habits and to ensure safe driving. PennDOT begins to take corrective action when a driving record reaches 6 or more points. The following sections explain what happens when a driving record reaches 6 or more points:

Under the Age of 18 in Carbon, Lehigh, Monroe or Northampton County
The driving privilege of a person under the age of 18 will be suspended if that person accumulates six (6) or more points or is convicted of driving 26 miles per hour or more over the posted speed limit. The first suspension will be for a period of 90 days. Any additional occurrences will result in a suspension of 120 days. This suspension is in addition to the requirements of the point system found below.

First Accumulation of 6 Points in Carbon, Lehigh, Monroe or Northampton County
When any driving record reaches 6 or more points for the first time, the driver will receive a written notice to take a special written point examination. The examination will address:

1. Knowledge of Safe Driving Practices,
2. Knowledge of Departmental Sanctions, and
3. Knowledge of Related Safety Issues.

The driver has 30 days to successfully pass the exam or else the license will be suspended until the exam is passed. If the exam is passed within the 30 day period, 2 points will be removed from the driving record.

Second Accumulation of 6 Points in Carbon, Lehigh, Monroe or Northampton County
When any driving record is reduced below 6 points and then for a second time reaches 6 or more points, the driver will have to attend a Departmental Hearing. The driver will receive a written notice of the specific time and location of the required hearing. At the hearing, a hearing examiner will review the driver’s record. After the hearing, the Department may recommend one or more:

1. Order a 15 Day License Suspension,
2. Order the Driver to Take a Special On-Road Driver’s Examination, or
3. Take No Action.

If a person’s driving privilege is suspended or a special driver’s exam is recommended, 2 points will be removed from the driving record if the driver passes the exam within 30 days or 2 points will be removed once the 15 day suspension has been served. No points are removed from the driving record if the Department does not initiate a sanction.

Failure to attend this Departmental Hearing will result in a 60 day license suspension.

Third or More Accumulation of 6 Points in Carbon, Lehigh, Monroe or Northampton County
When any driving record is reduced below 6 points and for the third or subsequent time reaches 6 or more points, the driver will have to attend a Departmental hearing. The hearing examiner will review the driving record. The Department will then determine if a 30 day license suspension will be initiated.

Failure to attend this Departmental hearing will result in the suspension of the driver’s license until the driver attends the hearing.

Excessive Speeding in Carbon, Lehigh, Monroe or Northampton County
When a driver is convicted for speeding 31 miles per hour or more over the posted speed limit, the driver will have to attend a Departmental Hearing. The driver will receive a written notice of the specific time and location of the required hearing. The hearing examiner will review the driving record. Upon the Department’s review of the hearing file, one or both of the following will be initiated:

1. 15 Day License Suspension
2. Special On-Road Driver’s Examination

If a 15 day suspension is initiated, the driving record will show 5 points upon restoration. No points are removed if a special driver’s examination is initiated and completed.

Failure to attend this Departmental Hearing will result in a 60 day license suspension.

Accumulation of 11 Points or More
When any driving record reaches 11 or more points, the driver’s license will automatically be suspended. The length of suspension depends on how many times the license was suspended in the past. The suspension schedule is as follows:

1. First Suspension – 5 days per point
2. Second Suspension – 10 days per point
3. Third Suspension – 15 days per point
4. Subsequent Suspensions – One year

Point Removal for Safe Driving
Three (3) points are removed from a driving record for every 12 consecutive months a person drives (from the date of the last violation) without a violation which results in points, license suspension or revocation. Once a driving record is reduced to zero and remains at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.

License Suspension and Restoration
If a person’s driving privilege is to be suspended, a written notice will be mailed to the driver listing the date when the suspension will begin. The driver may appeal the suspension to his or her county’s Court of Common Pleas. The appeal must be made WITHIN 30 DAYS AFTER the mailing date of the notice. The most recent product (ie, license, permit(s) and/or camera card) must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice or the State Police, local police or other authorities that have been delegated by the Department will be notified to pick up the license. In addition to serving the suspension or revocation, the appropriate restoration fee must be paid before the license will be returned. After the driving privilege is restored, the driving record will show 5 points, regardless of the number of points which appeared on the record before the license was suspended (except in the case of a 15 day suspension resulting from a hearing for the second accumulation of 6 points).

Speeding Tickets & Traffic Court Lawyers in Allentown, Bethlehem & Easton, Pennsylvania
The loss of driving privileges can be life changing. It can affect your career, your personal life, and your overall feeling of liberty. To protect against license suspension, do what others have done: rely on the trusted advice of an experienced Lehigh Valley Traffic Attorney. Whether you’re contesting a simple speeding ticket or charged with DUI or facing vehicular homicide charges, our experienced DUI and traffic lawyers are here to assist you.

Your Lehigh Valley traffic ticket defense lawyer.
If not properly handled, traffic tickets can result in the loss of driving privileges, serious consequences for your career and, in some cases, even jail time. Trust the defense of your violations to an experienced traffic ticket lawyer who understands just how important your license is to you, and who knows what to do to help you keep PennDOT from taking it.

Some of the Traffic Court Cases Handled by Our Lehigh Valley Law Firm

Red-light Tickets – 3112(a)(3)(i)
Stop Sign Tickets -3323(b)
Speeding Tickets – 3362(c)(1)(i) (VASCAR Speeding Ticket Defense Calculator Tool)
Careless Driving – 3714(a)
Driving Under Suspension – 1543(a)
Driving Under Suspension – DUI Related – 1543(b)
Driving Under the Influence – 1547/3802

What to do first if you receive a ticket
If you are in Allentown, Bethlehem, Easton or the surrounding area and have been cited for a serious traffic violation, it is important that you figure out how to navigate the court system quickly. Our traffic lawyers handle all varieties of tickets. Most traffic tickets are considered summary offenses. Once you pay the fine, you have admitted guilt. There are likely potential defenses against the violation, and your ticket and the circumstances surrounding it should be reviewed immediately by a local motor vehicles violations attorney. Our Traffic Citation Attorneys are committed to seeking the best possible outcome in your traffic violation case.

Protect your drivers license by hiring the attorneys who care.
Many traffic offenses will have serious repercussions on your life if they are not defended robustly. These include specific moving violations such as careless driving, speeding, leaving the scene of an accident, running red lights and driving while under suspension. The points system can lead to losing your legal right to drive, and some traffic violations will have penalties that include jail or prison time. If you have been charged with driving under suspension you should contact our traffic attorneys immediately as incarceration for these offenses in Pennsylvania is a real, and sometimes mandatory possibility.

How can an experienced traffic lawyer help you?
Our Traffic Lawyers know how important it is to be able to use your vehicle. We defend individuals facing charges related to all types of moving violations, including leaving the scene, driving while under suspension and DUIs. Traffic ticket lawyers are experts in taking action to help you protect your license.

The Pennsylvania point system, promulgated by PennDOT, makes it relatively easy to lose your driver’s license, which can lead to higher insurance costs when you have it restored. Our license retention experts are here to help you understand the consequences of traffic violations, and vigorously fight for your license. We are traffic ticket attorneys who handle cases in Allentown, Bethlehem, Easton, Jim Thorpe, Stroudsburg and other outlying areas.

Criminal Defense Lawyer in Allentown, Bethlehem & Easton
Our Lehigh Valley Criminal Defense Firm provides representation to clients facing all varieties of Weapons Charges. A non comprehensive list of charges we defend includes:

Weapons Charges Lawyer in Pennsylvania

• Possession of Prohibited Offensive Weapons
• Firearms Charges (VUFA)
• Firearms Charges (Non-VUFA)
• Open Carry Arrests
• Deadly Weapon enhancements

Lehigh Valley Firearms Law Firm

Northampton & Lehigh County Criminal Defense Attorneys

As a criminal defense law firm, we work diligently to find evidence that will support our client’s innocence and establish a reasonable doubt that they are guilty of weapons charges. As your defense attorney, we meticulously review police reports and eyewitness statements. We conduct our own witness interviews and track down information that can help in obtaining a favorable outcome.

Consultation
To schedule a confidential consultation with a criminal defense attorney regarding your weapons charges, contact our Easton law office today.

Assault Defense Lawyer in Allentown, Bethlehem & Easton
The Lehigh Valley Law Firm of Spitale, Vargo, Madsen & Blair represents clients facing a broad range of charges involving assaults, harassment, threats and even death:

Violent Crimes Defense in the Lehigh Valley

• Aggravated Assault
• Simple Assault
• Terroristic Threats
• Reckless Endangerment of Another Person
• Stalking
• Harassment
• Disorderly Conduct

Northampton & Lehigh County Criminal Defense Attorney
As a criminal defense law firm, we work diligently to find evidence that will support our client’s innocence and establish a reasonable doubt that they are guilty of a crime. As your defense attorneys, we meticulously review police reports and eyewitness statements. We conduct own witness interviews and track down information that can help in obtaining a favorable outcome.

To schedule a confidential consultation regarding your criminal charges, contact our Easton law office today.

Criminal Defense Law Firm in Allentown, Bethlehem & Easton
Our Lehigh Valley Attorneys represent clients facing sex crime charges. A non comprehensive list of charges we defend includes:

Sex Crimes Attorney in the Lehigh Valley
Our sex crime attorneys represent clients in the following cases:

• Rape
• Statutory Rape
• Aggravated Indecent Assault
• Indecent Assault
• Indecent Exposure
• Sexual Assault

Northampton & Lehigh County Criminal Defense Attorney
If you or a loved one has been charged with a sex crime you want the best sex crimes defense possible. As your criminal defense attorneys, we work diligently to find evidence that will support our client’s innocence and establish a reasonable doubt that they are guilty of the crimes for which they are charged. As your Lehigh Valley Criminal Defense Law Firm, we meticulously review police reports and eyewitness statements. We will conduct our own witness interviews and track down information that can help in obtaining a favorable outcome.

To schedule a confidential consultation regarding your sex crime charges, contact our Easton law office today.

Criminal Defense Lawyers in Easton, Allentown and Bethlehem
Spitale, Vargo, Madsen & Blair represent clients facing a broad range of theft and property crime charges. A non comprehensive list of charges we defend includes:

• Retail Theft
• Theft by Unlawful taking or disposition
• Theft by Deception
• Theft of lost or mislaid property
• Theft by Extortion
• Fraud
• Criminal Trespass
• Robbery

How are theft charges different than other charges?

Theft charges can be divided up into three main categories:

• Retail Theft (theft from a store, by a non-employee, during regular business hours)
• Theft or Fraud that is not Robbery or Retail Theft
• Robbery (theft by force)

The best criminal defense lawyers will tell you that theft charges are, in one particular way, more serious than any other charges. Theft charges are considered crimen falsi. A conviction of a crimen falsi offense can haunt a person for a lifetime, often more than a violent crime may. While most other crimes can only be used against a person in future court proceedings under very specific circumstances, crimen falsi convictions can be used against a person in nearly all future court proceedings to relay to a judge or jury that the person is dishonest and not to be believed.

Lehigh Valley Theft Attorneys Northampton & Lehigh County Criminal Defense Law Firm
As a criminal defense law firm, we work diligently to find evidence that will support our client’s innocence and establish a reasonable doubt that they are guilty of theft. As your defense attorneys, we meticulously review police reports and eyewitness statements. We conduct our own witness interviews and track down information that can help in obtaining a favorable outcome.

Consultation
To schedule a confidential consultation with a criminal defense attorney regarding your criminal charges, contact our office today.