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Recent Posts in Criminal Defense Category

CIRCUIT COURT REVERSES SENTENCE DUE TO VIOLATION OF EX POST FACTO CLAUSE

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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NO PRIVACY EXPECTATION IN FACEBOOK POSTS

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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Restitution & Insurance New Superior Court Opinion

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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Drug Mandatory Sentencing in Pennsylvania State Court

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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NJ Supreme Court Rules Eye Witness Identification Unreliable

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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Sen. Jane Orie charged with multiple counts of forgery, tampering

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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What is a Detainer

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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Pennsylvania's Minimum and Maximum Sentencing

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 ...
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Governer Tom Corbett Signs New Expansive Gun Law

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 ...
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Speedy Trial, Pennsylvania's Rule 600

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 ...
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The odor of burnt marijuana alone is not enough for police to suspect criminal activity

BOSTON (AP) — The odor of burnt marijuana alone is not enough for police to suspect criminal activity and order a person to get out of a car, the state's highest court ruled Tuesday, citing ...
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BOSTON (AP) — The odor of burnt marijuana alone is not enough for police to suspect criminal activity

BOSTON (AP) - The odor of burnt marijuana alone is not enough for police to suspect criminal activity and order a person to get out of a car, the state's highest court ruled Tuesday, citing a state ...
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Mere Encounter Escalates Into Investigative Detention

In a recent opinion in Commonwealth v. Hudson, 2010 PA Super 96, the Pennsylvania Superior Court held that what began as a mere encounter escalated into an investigative detention when a police ...
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Five Reasons Children Make False Allegations or Sexual Abuse

Research has show that when children make false allegations of sexual abuse one or more of these factors may be involved. (Kathryn Kuehnle, Assessing Allegations of Child Sexual Abuse, 1996) The child ...
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Welcome to our Criminal Defense Blog

We are pleased to announce the launch of our criminal defense blog with an RSS feed available at http://www.philadelphiacriminaldefenselawyers.com/Blog/Recent-Blog-Posts/RSS.xml
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