Why the Best Criminal Defense Attorney Will Get You a Not Guilty Verdict (but not prove that you are innocent)

October 24, 2018

Lay people and the media (who should know better) often claim that they (or someone else) were found innocent even though technically this has never happened in a criminal trial in the history of the United States. That’s because in our justice system, there are only two possible verdicts in criminal case: guilty and not…

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What are the Qualifications for ARD for a DUI Arrest in Philadelphia and in Pennsylvania Generally?

September 25, 2018

First of all, what is ARD? Accelerated Rehabilitative Disposition (ARD) is a special pre-trial intervention program in the Commonwealth of Pennsylvania, United States for non-violent offenders with no prior or limited record. In the City of Philadelphia a person can qualify for the ARD Program if: 1. they have no previous misdemeanor or felony convictions…

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The Best Criminal Defense Attorney Will Ask for a Motion for a Directed Verdict

August 29, 2018

What exactly is a Motion for Directed Verdict in a Criminal Case in Philadelphia Pennsylvania? Well, let’s say that you were charged with Aggravated Assault, chose to have a jury trial and the Commonwealth just rested their case. Now, before the Defense puts on a case, your criminal defense lawyer can make a Motion for…

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Can I Expunge My Criminal Record in Pennsylvania?

January 24, 2018

As of October 2016 certain criminal convictions can be expunged from your record in Pennsylvania. The Pennsylvania expungement law allows for the expungement of convictions for misdemeanors of the 2nd or 3rd degree (often notated as M2 or M3), after ten years have passed and the person is conviction free. The crime cannot be punishable…

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You Will Still Need the Best Criminal Defense Lawyer if Your Appeal is Granted

January 9, 2018

The first thing that you need to understand about your Criminal Appeal is that you were only challenging the errors in the criminal process or in the application of the law.  You will not get an automatic acquittal via an appeal and you are not automatically guaranteed a new trial.  You may get an acquittal…

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Should You Appeal Your Criminal Case if You are Convicted?

December 22, 2017

Well, that depends if something happened improper happened at your trial.  There is no point filing an appeal just because you don’t like the result.  That is called a frivolous appeal and attorneys have an ethical obligation not to file them even though sometimes they do.  There are several appealable issues in a criminal case….

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Is Marijuana Decriminalized in Philadelphia?

December 6, 2017

Well, yes and no.  In 2014, Philadelphia became America’s largest city to remove criminal penalties for possession of less than 30 grams of the plant and up to 8 grams of hash.  Arrests dropped by an estimated 10,000, saving the city millions.  However, buying or purchasing marijuana does not fall under the scope of the…

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Pennsylvania’s “Sexually Violent Predator” Classification Ruled Unconstitutional

November 18, 2017

On October 31, 2017,  a panel of appellate judges ruled last week in the case of the case of Commonwealth v. Butler that Pennsylvania’s established process to designate a convicted sex offender as a “sexually violent predator” is unconstitutional.  The Court held that that 42 Pa C.S.A. § 9799.24(e)(3), the section of the Sexual Offender…

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Should I Appeal My Case Criminal Case if I Get Convicted?

October 14, 2017

Philadelphia Attorney Discusses Whether You Should Appeal A Conviction It seems that everyone that gets convicted of a crime wants to appeal their case.  Should they and when?  You cannot appeal your case until after your sentencing and you must file it within thirty (30) days after your sentencing and it must be in writing…

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What Happens at a Criminal Sentencing?

September 27, 2017

Philadelphia Criminal Attorney Discusses What Happens At Sentencing So the defendant is found guilty in a criminal trial — by either a judge or a jury — now what?  In Pennsylvania, the jury does not participate in the sentencing except in death penalty cases.  Hence, in all other cases, the defendant is at the mercy…

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