For the Defense - Vol. 5, Issue 2 - 50

providing medical treatment/care or medical
supplies, those offering investment deals and
sales promotions, charitable organizations
seeking donations, and any business submitting
bills for processing by a government payor.

28 and April 3, 2020 and indicated that the total
arrests, excluding local departments, were down
76%; property crimes were down 91%; total
crashes were down 75%; and DUIs were down
71%.28 Domestic violence calls, however, were up
1% compared to this time last year.29

Traditional Criminal Offenses
As the coronavirus quickly spread across the
nation, each state enforced its own directives
related to stay-at-home orders. Governors
pleaded with their residents to comply; however,
there were individuals who did not understand
the importance of social distancing.
The Pennsylvania State Police (PSP) announced
that it planned to increase citations, if necessary,
to people who violate the stay-at-home order.21
There have been two citations and eight
warnings issued to individuals who alleged
violated the order, and several "nonessential"
businesses have been investigated for continuing
to operate.22 The PSP is classifying a citation as
a secondary offense, meaning it will not stop
vehicles for only breaking the order, but will issue
a citation if a vehicle is stopped for violating
another law.23 This was the scenario for the first
citation in Pennsylvania; however, York County
District Attorney Dave Sunday directed PSP to
withdraw the citation because the individual was
driving home alone and was not in violation of
the order.24 Law enforcement in Philadelphia also
has the authority from Mayor Jim Kinney to issue
a code violation notice for failure to disperse and
disturbing the peace, which is a $100 fine.25
The following is a list of cities and their
respective fines for failure to comply with
COVID-19 orders: New York: $250-500; Detroit:
$500 or up to three months of jail time; Denver:
$999 and potential criminal charges; Washington
D.C.: a misdemeanor charge, a fine of up to
$5,000 or 90 days of jail time; Baltimore: $5,000
and a penalty of up to 1 year in jail; Seattle: a
gross misdemeanor which comes with a $5,000
fine or up to a year in jail; and Anchorage: a
misdemeanor and fined up to $25,000, and
businesses who fail to comply may receive a
$1,000 fine.26
The pandemic has had a substantial impact
on traditional crime in Pennsylvania.27 The PSP
compared offenses from February 22 and 28,
2020 to offenses that occurred between March
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For The Defense l Vol. 5, Issue 2

Additionally, New Jersey is actively prosecuting
individuals based on the requirements of social
distancing and other governmental orders. In
an effort to keep the community safe, New
Jersey local county prosecutors' offices began
prosecuting New Jersey residents who failed to
comply with Governor Phil Murphy's Executive
Order related to the gathering ban. In Lakewood,
New Jersey, fifteen individuals received criminal
charges after attending an Orthodox Jewish
funeral in violation of the ban.30 Individuals
hosting other events, including weddings, a
bat mitzvah, and a school gathering, also faced
charges for a disorderly persons offense or
maintaining a nuisance.31
Attorney General Grewal directed law
enforcement to focus on individuals who were
behaving improperly to demonstrate zero
tolerance of criminal conduct. The New Jersey
Attorney General's Office adopted six cases
from county prosecutors in conjunction with the
pandemic.32 The allegations include defendants
coughing or spitting on the police and grocery
store employees claiming that they had
COVID-19.
Conclusion
The COVID-19 pandemic has created
unprecedented situations for individuals and
businesses in Pennsylvania and across the United
States. While our nation scrambles to respond
to the crises associated with COVID-19, law
enforcement and government regulators will
become more watchful and more vigilant in
combating many forms of fraud, abuse, neglect
and the violation of new regulations arising
during this difficult time. Our clients must be
mindful of this increased scrutiny and we as a
criminal defense bar must be prepared to defend
against overzealous government activity that may
ultimately result in the denial or abuse of the
rights enjoyed by our fellow citizens. Trying times
and unprecedented developments do not, and
cannot, justify the erosion of our core values as
Americans and of the fundamental constitutional
For the Defense - Vol. 5, Issue 2

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