Criminal Defense Blog
Posted on May 5, 2013
Pardons In Pennsylvania A pardon is forgiveness from the Governor of Pennsylvania for a person's crime or crimes. A pardon restores to you all the rights and privileges that had been lost due to a ...
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Posted on Aug 20, 2012
A recent U.S. Sixth Circuit Court of Appeals opinion held that a defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of the ...
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Posted on Aug 16, 2012
A federal appeals court has ruled that there is no Fourth Amendment violation when a criminal defendant is tracked through the GPS technology on his disposable mobile phone. In a split decision, it ...
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Posted on Aug 16, 2012
A defendant who challenged the government's use of one of his Facebook "friends" as a cooperating witness to access his Facebook profile has no recourse under the Fourth Amendment, a ...
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Posted on Aug 15, 2012
The Appellant challenged the propriety of the DUI sentencing court's decision to award restitution without deducting the amount paid to his accident victim by his own insurer. Appellant maintained ...
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Posted on Aug 11, 2012
If at the time of your arrest you were charged with multiple crimes, but only convicted of some of those crimes, you can ask the court to expunge the crimes for which you were not convicted, leaving ...
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Posted on Aug 10, 2012
Mandatory Sentencing in PA can be the most upsetting part of being prosecuted for Possession with the Intent to Deliver (PWID) . A mere two grams of cocaine on a second Possession with the Intent to ...
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Posted on Aug 1, 2012
Felony Crimes: Crimes such as murder in the first, second, or third degree; manslaughter; vehicular homicide; felonies that occur in conjunction with first or second degree murder; or any conspiracy ...
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Posted on May 23, 2012
CRN stands for Court Reporting Network. A CRN evaluation is a substance abuse evaluation conducted by a certified CRN evaluator. It is a screening tool mandated by the Commonwealth of Pennsylvania for ...
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Posted on May 20, 2012
In Commonwealth v. Stein, the Defendant delivered drugs while possessing a gun which he had a carry permit for. The Superior Court found delivery of drugs while armed with a gun, whether legally or ...
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Posted on May 19, 2012
THE NEW 75 Pa.C.S.A. § 3803(b)(5), adopted May 8, effective in 60 days, provides: (5) An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle ...
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Posted on Mar 28, 2012
The Motor Carrier Safety Improvement Act (MCSIA) requires all moving violations be recorded on the driving record of a Commercial Driving License (CDL) Holder. One of the most common violations ...
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Posted on Feb 26, 2012
At any time after the filing of a petition and before the entry of an adjudication order, the court may, upon agreement of the attorney for the Commonwealth and the juvenile's attorney suspend the ...
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Posted on Nov 24, 2011
Commonwealth of Pennsylvania v. William Barker, a/k/a William Howard Barker, Jr. , Appellant, 2011 WL 5517056, 2011 PA Super 239, No. 1153 WDA 2010 (Nov. 14, 2011). This was an appeal from a Judgment ...
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Posted on Nov 24, 2011
United States of America v. Obie Lee Powell, Appellant, No. 08–4696, 2011 WL 5517347 (November 14, 2011). During a routine traffic stop in Seat Pleasant, Maryland, police removed Obie Lee ...
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Posted on Sep 17, 2011
By: Isla Fruchter: The New Jersey Supremes just issued an opinion in the case of State v Larry R. Henderson, 2011 N.J. LEXIS 927, decided Aug. 24, 2011, which breaks the law wide open and should be ...
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Posted on Sep 17, 2011
If you are on probation and you are picked up by the police on a new case, or you are picked up by the police or the probation department for a technical violation of your probation you are entitled ...
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Posted on Aug 30, 2011
By Pittsburgh Tribune-Review Monday, August 29, 2011 The Allegheny County District Attorney today charged state Sen. Jane Orie with multiple counts of perjury, tampering with evidence and forgery for ...
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Posted on Aug 22, 2011
Only limited information concerning a juvenile's adjudication of delinquency may be available as a matter of public record. The Juvenile Act governs the public's access to certain categories ...
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Posted on Aug 22, 2011
Dougherty, et al v. City of Covina, et al U.S. Court of Appeals for the Ninth Cir Docket No: 2:08-cv-07114-PA-CT No probable cause where search warrant based on rational that an individual who molests ...
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Posted on Aug 18, 2011
A. Expunging versus Sealing Although the terms are often used interchangeably, there is a difference between sealing and expunging a juvenile record. If a record is sealed, the public has no access to ...
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Posted on Aug 17, 2011
A detainer is an Order from a judge directing that you not be release on bail. Detainers are placed when an individual is arrest on a new charge while on probation or parole. Normally, if you have a ...
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Posted on Aug 15, 2011
What is an expungement (1) To remove information so that there is no trace or indication that such information existed; (2) to eliminate all identifiers which may be used to trace the identity of an ...
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Posted on Aug 15, 2011
Shannon P. Duffy The Legal Intelligencer August 10, 2011 On the heels of an about-face by the Justice Department, a federal appeals court has ruled that the new, more lenient sentencing rules for ...
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Posted on Aug 15, 2011
The Legal Intelligencer August 09, 2011 A Pennsylvania man who entered into alternative rehabilitative disposition for a second DUI charge while his first DUI charges were pending can be considered a ...
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