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. […]
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 […]
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, […]
Hearsay at Preliminary Hearing
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 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 […]
What is 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 […]
Recording Telephone Calls
IS RECORDING TELEPHONE CALLS ILLEGAL? A: Yes. Recording telephone calls in Pennsylvania without both parties consent is illegal. Under the Pennsylvania Wiretapping Act, recording telephone calls without both parties consent is a felony offense punishable by up to seven years in prison. However, it may not be illegal to listen in on a telephone call […]
Self Defense in a Criminal Case
WHAT IS SELF DEFENSE? Self-defense is an affirmative defense in Pennsylvania. If self defense is raised by the defendant the Commonwealth has a burden of proving beyond a reasonable doubt that the defendant was NOT acting in self-defense. This makes it an extremely valuable tool in the criminal defense lawyers arsenal whenever representing an individual […]