Blog Posts in 2011
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Posted on Nov 24, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Superior Court reverses DUI conviction over request for chemical test" »
Posted on Nov 24, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Patdown Search Suppressed" »
Posted on Sep 17, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "NJ Supreme Court Rules Eye Witness Identification Unreliable" »
Posted on Sep 17, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Gagnon I & Gagnon II" »
Posted on Aug 30, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Sen. Jane Orie charged with multiple counts of forgery, tampering" »
Posted on Aug 22, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Public Availability of Juvenile Court Records" »
Posted on Aug 22, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "No probable cause where search warrant based on rational that an individual who molests children probably possesses child pornography" »
Posted on Aug 18, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Expunging a Juvenile Criminal Record" »
Posted on Aug 17, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "What is a Detainer" »
Posted on Aug 15, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Expungement of Criminal Records in Pennsylvania" »
Posted on Aug 15, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "3rd Circuit Says New, More Lenient Crack Penalties Apply Immediately" »
Posted on Aug 15, 2011 By Philadelphia Criminal Defense Lawyer
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 ...
Continue reading "Judge Rules Accepting ARD a 'Prior Offense' in Allowing Interlock" »
Posted on Aug 10, 2011 By Philadelphia Criminal Defense Lawyer
Felony First Degree The longest allowable minimum sentence for a Felony of the First Degree is Twenty (20) years in a Pennsylvania State Correctional Facility. The Maximum fine for a Felony of the ...
Continue reading "Pennsylvania's Minimum and Maximum Sentencing" »
Posted on Jul 25, 2011 By Philadelphia Criminal Defense Lawyer
The Post Conviction Relief Act (PCRA) allows a defendant to appeal his or her case when a direct appeal to the Superior Court of Pennsylvania has been denied. The PCRA must be filed within a year of ...
Continue reading "Post Conviction Relief Act (PCRA)" »
Posted on Jul 5, 2011 By Philadelphia Criminal Defense Lawyer
Penalties for Retail Theft/Shoplifting in PA Retail Theft Offense Category Maximum Penalty Items over $2000 in value, or theft is of a car or gun, or is a 3rd offense Third Degree Felony up to 7 years ...
Continue reading "Penalties for Retail Theft/Shoplifting in PA" »
Posted on Jul 1, 2011 By Philadelphia Criminal Defense Lawyer
Update : Pennsylvania's Pretrial Diversion Program for first time DUI Offenders I posted the penalties for DUI convictions in the past. As part of that post I explained Pennsylvania's ...
Continue reading "Update: Pennsylvania's Pretrial Diversion Program for first time DUI Offenders" »
Posted on Jun 30, 2011 By Philadelphia Criminal Defense Lawyer
The law requires that sobriety checkpoints must ensure the safety of both drivers and police, be highly visible, and minimize the amount of time that each driver is stopped at the checkpoint. Police ...
Continue reading "Sobriety checkpoints" »
Posted on Jun 28, 2011 By Philadelphia Criminal Defense Lawyer
Reported by Peter Jackson, AP HARRISBURG, Pa.—Gov. Tom Corbett on Tuesday signed a bill to widen the right to use deadly force in self-defense. The bill, passed by the Senate last week, will ...
Continue reading "Governer Tom Corbett Signs New Expansive Gun Law" »
Posted on Jun 26, 2011 By Philadelphia Criminal Defense Lawyer
Pennsylvania Criminal Procedure Rule 600 is Pennsylvania's speedy trial statute. The Sixth Amendment to the United States Constitution and Pennsylvania's Constitution, guarantees individuals ...
Continue reading "Speedy Trial, Pennsylvania's Rule 600" »
Posted on Jun 22, 2011 By Philadelphia Criminal Defense Lawyer
Accelerated Rehabilitative Dispossession ( ARD) In Pennsylvania, A driver who is a first time DUI offender or who has not had a previous DUI conviction with in the previous 10 years and who has not ...
Continue reading "A summary of Pennsylvania's DUI Laws" »
Posted on Jun 22, 2011 By Philadelphia Criminal Defense Lawyer
The Associated Press - June 22, 2011 MONTPELIER, Vt. (AP) - The Vermont Supreme Court is considering how free police should be to rummage through computers they seize with a search warrant. During a ...
Continue reading "Vt. Supreme Court to hear police e-privacy case" »
Posted on Jun 22, 2011 By Philadelphia Criminal Defense Lawyer
By Shannon P. Duffy -The Legal Intelligencer - June 22, 2011 In a significant win for immigration rights lawyers, a federal appeals court has ruled that immigrants who are jailed longer than six ...
Continue reading "Class Action Seeking Bail for Jailed Immigrants Given Green Light" »
Posted on Jun 21, 2011 By Philadelphia Criminal Defense Lawyer
The Castle bill, expanding the right of self defense in Pennsylvania, passed both houses of the General Assembly and will be sent to the Governor for final action. House Bill 40 will protect gun ...
Continue reading "The Castle bill, expanding the right of self defense in Pennsylvania" »
Posted on Jun 15, 2011 By Philadelphia Criminal Defense Lawyer
42 Pa. C.S. § 9799.1 authorizes the Pennsylvania State Police to create and maintain a state registry of offenders and sexually violent predators. 10-Year Registration Offenders convicted of the ...
Continue reading "Pennsylvania Megan's Law Registration Details" »
Posted on Jun 15, 2011 By Philadelphia Criminal Defense Lawyer
Gina Passarella The Legal Intelligencer June 15, 2011 Opponents of a Pittsburgh gun ordinance suffered another loss Tuesday when the state Supreme Court denied their petition for appeal of a lower ...
Continue reading "Justices Refuse to Hear Case Over Pittsburgh Gun Ordinance" »
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