Harboring a Dangerous Dog
Every year in Pennsylvania, hundreds of law abiding dog owners are charged with the criminal offense of Harboring a Dangerous Dog 3 P.S. § 459-502-A. Under the statute, a dog owner if guilty of a summary offense if the government can establish the following elements of the offense “Dangerous Dog” Attack Without Provocation In order […]
Eviction Diversion Program
What is the Eviction Diversion Program? In Philadelphia, in order to legally evict a tenant a homeowner must first complete the Philadelphia Eviction Diversion Program. While there are limited exceptions, § 9-811. Eviction Diversion Program requires reasonable good faith participation in eviction diversion before filing an eviction under any circumstances except where an eviction is […]
Terroristic Threats Lawyer
Terroristic Threats Attorneys Philadelphia Terroristic Threats Lawyer Mark D. Copoulos has successfully defended the charge of Terroristic Threats. In Pennsylvania, the crime of Terroristic Threats is governed by Section 2706 of the Pennsylvania Crimes Code. Under the Code, a person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a […]
When do Police Need a Search Warrant?
When Do Police Need a Search Warrant? The Fourth Amendment of the United States Constitution protects the People from unreasonable searches and seizures. In Pennsylvania, an unreasonable search occurs when police violate a “reasonable expectation of privacy.” As a general rule a search or seizure of a citizen’s home without a warrant is presumed unreasonable. […]
Philadelphia Firearms Charges
Philadelphia Firearms Charges Philadelphia Gun Lawyer Mark D. Copoulos has experience defending Philadelphia Firearm Charges. Philadelphia firearms charges can carry heavy penalties. Most Philadelphia firearms charges carry the prospect of incarceration, especially if the defendant is charged with a second offense. In Pennsylvania, gun laws are governed by the Violation of Uniform Firearms Act. The […]
Filing a Petition for Return of Property
What is a Petition for Return of Property? A petition for return of property is a legal method to recover item seized by police during arrest. In Philadelphia, every year thousands of individuals are arrested and their items seized by law enforcement. These items are placed on a property receipt and held by the government […]
Motion to Suppress
Motion to Suppress Lawyer A Motion to Suppress may be a legal basis to preclude evidence. If evidence is obtained illegally it must be suppressed. Since suppressed evidence cannot be used a motion to suppress may be determinative. The Pennsylvania Superior Court has decided the case of Commonwealth v. Barr, holding that the odor of […]
Litigating a Rule 600 Motion to Dismiss or Motion for Bail
What is Rule 600? In Pennsylvania, every citizen has a right to a prompt trial. Under Pennsylvania Rule 600, an individual is eligible for release on nominal bail if he is incarcerated for more than 180 days before his trial. Further, the Rule states that trial shall commence within 365 days. In reality, most significant […]
Self Defense in Pennsylvania
Self Defense in Pennsylvania The Pennsylvania Supreme Court has recently affirmed the case of Commonwealth v. Torres through Commonwealth v. Lineman, holding that the government must prove beyond a reasonable doubt that defendant did not act in self-defense, when there is evidence of self defense raised by the Defendant. This is a major decision, as […]
Pa. Super. Ct. Rules Time of Blood Draw is Testimonial Evidence
Pa. Super. Ct. Rules Time of Blood Draw is Testimonial Evidence. The Pennsylvania Superior Court has decided the case of Commonwealth v. Hajdarevic, 2020 Pa. Super. 175. In this case, the Court held that the time a defendant’s blood is drawn is testimonial evidence for purposes of the Sixth Amendment Confrontation Clause. In other words, […]