Hearsay at Preliminary Hearing

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 hearsay alone was sufficient.  Therefore, while the government may use […]

Pennsylvania Sentencing Guidelines

What are the Pennsylvania Sentencing Guidelines? If you have been charged with a crime in Pennsylvania it is important to understand the risks involved.  Judges make sentencing decisions based on a number of factors.  Every judge is different but all judges must consider the Pennsylvania Sentencing Guidelines.  The Guidelines are promulgated by the Commission on Sentencing and set […]

Philadelphia Real Estate Law

Motion to Lift Detainer

MOTION TO LIFT DETAINER: GETTING A DEFENDANT OUT OF PRISON In Philadelphia, a Defendant who violates the terms of his probation or picks up a new case may get a detainer.  A detainer is a legal mechanism that prevents a defendant from being released from prison until he sees his judge.  In order to remove […]

Winning a Detainer Hearing in Philadelphia

Most defendants convicted of crimes in Philadelphia are sentenced to a period of probation. Incarceration is usually implemented in serious cases or for violent offenders who prior offenses suggest they cannot safely exist in society. In Philadelphia, probation can be reporting or non-reporting.  Probation is court ordered supervision where an individual is closely monitored by […]