Philadelphia Jury Trial Lawyer on Advantages of Litigation

Jury Selection

A Philadelphia Jury Trial Lawyer may help a defendant achieve a superior outcome over an attorney who only litigates waiver trials before a judge. Jury trials are nuanced in that they afford different constitutional protections than a waiver trial. In a jury trial all twelve jurors must be convinced beyond a reasonable doubt the defendant […]

Terroristic Threats Lawyer

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?

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.  […]

Filing a Petition for Return of Property

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 […]

Litigating a Rule 600 Motion to Dismiss or Motion for Bail

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 […]

Hearsay at Preliminary Hearing

Hearsay at Preliminary Hearing, Bail Motion

Using hearsay at a preliminary hearing is subject to limitations.  The Pennsylvania Supreme Court has decided the case of Commonwealth v. McClelland, holding that hearsay alone is insufficient to establish a prima facie case at a preliminary hearing.  This is a landmark decision since the Pennsylvania Superior Court recently held in Commonwealth v Ricker, that […]

Pennsylvania Search and Seizure Law

Search and Seizure Law

PENNSYLVANIA SEARCH AND SEIZURE LAW Police must have a legal basis to intrude on the rights of a private citizen under search and seizure law.  The Pennsylvania Superior Court has decided the case of Commonwealth v. Arrington, holding that a traffic stop late at night in a high crime-area without more is not reasonable suspicion […]

Violation of Probation Lawyer

VOP REQUIRES NEW CRIME A violation of probation lawyer may assist in obtaining the release of a defendant arrested while on probation.  The Pennsylvania Superior Court has decided the case of Commonwealth v. Giliam, No. 3882 EDA 2016.  In this case the Superior Court held that to violate probation a defendant must either; 1.) violate […]

Philly DUI Lawyer on Second Offenses

Time of Blood Draw, Second Offenses

PHILLY DUI LAWYER ON SECOND OFFENSE A DUI Lawyer on Second Offenses may assist a criminal defendant in navigating the court system. The Pennsylvania Superior Court has recently decided the case of Commonwealth v. Chichkin, 2020 Pa. Super 121, No. 3475 EDA 2018.  In this decision the Superior Court held that prior acceptance of ARD does […]

What is Double Jeopardy?

Double Jeopardy

What is Double Jeopardy? The Pennsylvania Supreme Court has recently decided the case of Commonwealth v. Perfetto, No. 7 EAP 2018.  In the case, the court held that Subsection 11(1)(ii) of the double jeopardy statute bars multiple prosecutions for the same criminal act.  This is particularly relevant in cases where defendants were issued traffic tickets with […]