The Defense can provide Judge Merchan with multiple constitutional avenues to base a decision while the prosecution is asking the Court to suspend the proceeding for over 4 years while ignoring a U.S. Supreme Court decision and well established constitutional principles designed to ensure that the executive branch can effectively govern which the District Attorney himself has already conceded.
As I’ve written on thousands of blogs, weekly updates, books and over 600 videos, individuals who fail to understand their constitution rights and limitations are usually in the worst position if and when they find themselves charged with a crime in Pennsylvania or New Jersey.
Criminal Mischief is a very broad criminal charge. It is the defacing, destroying, or damaging of real or personal property of another like a cell phone.
During the holiday season vehicle accidents increase and so do criminal offenses related to those accidents. Here are the answers to the most common questions that our criminal defense law firm receives
Election Day is next week – Tuesday – November 5, 2024 (aka Super Tuesday). Both political parties have spent a considerable amount of time and money in Pennsylvania and New Jersey. The constant political ads, debates, and rallies combined with the 24 hour news cycle has caused arguments and sometimes even physical altercation between supporters.
After the bail amount is set, a Court may require the Defendant to show the source of the funds that will be posted as bail. The term “Nebbia hearing” comes from the landmark court case United States v. Nebbia
The police officers allegedly observed that Cutler was slurring his words and smelled the odor of alcohol on his breath following an accident investigation. The officers asked Cutler to take field sobriety test but he refused.
Vehicle crashes are the leading cause of death among 16- to 24-year-olds. Sadly, key contributors to crashes involving teen drivers in Pennsylvania and New Jersey include driver inexperience, driver distractions, driving too fast for conditions and improper or careless turning.
The terms are often used interchangeably but they are different and that difference is very important to your criminal defense. It could determine if charges are dismissed prior to trial.
Like any jurisdiction, New Jersey and Pennsylvania maintain within its own State Constitutions protections against illegal searches and seizures, along with the Fourth Amendment to the United States Constitution.
The Court specifically stated that an arrest alone is meaningless and irrelevant for sentencing purposes.
Bail is obviously a major concern for someone facing criminal charges because it will determine whether he can remain out of custody pending trial.
If a person is facing a potential long state prison sentence, what factors will a New Jersey Judge use to determine release or detention
While Pennsylvania and New Jersey border each other, they have very different laws regarding traffic stops and police searches.
This incident has caused my of our readers to ask if a person can be really arrested for reckless driving? The short answer is yes!
Normally, searches require that law enforcement establishes probable cause which is the reasonable belief that a crime is occurring or has occurred in the area searched.
Here are the ten (10) most common types of search scenarios at school and how a Court would likely rule on them if a parent had an issue with a policy or considered contest possible charges against their son or daughter.
While New Jersey and Pennsylvania are now more flexible on drunk drivers offenders, both states maintain zero tolerance for underage drunk driving.
Many of college students want to join clubs which have informal “hazing” rules which require them to perform tasks or other often embarrassing events. This isn’t obviously school endorsed and flies below the school administration’s radar despite most of them knowing that it occurs on and off campus
In Pennsylvania, like many jurisdictions, like New Jersey, there are different degrees of assault.
Overdose is a leading cause of death for people under the age of 50. The CDC’s National Center for Health Statistics indicates that there were an estimated 107,543 drug overdose deaths in the United States in 2023.
Electric Bike (E-Bike) have grown in popularity as people look for alternative ways to travel due distances to rising fuel prices along with cost of other goods from basic staple groceries to a Happy Meal!
Over the years, States have recognized that drunk driving does is an obvious public safety problem but that persons arrested, charged and convicted of it for should be granted some leniency which will still allow them to maintain employment and support their families.
New Jersey, unlike Pennsylvania, maintains an indictment system under its crimes code. The Garden State is one of 23 jurisdictions that exclusively employs this type of criminal prosecution system
One of the first questions that we have to answer is about bail. No person wants to stay in jail pending the outcome of his or her case so the issue of bail is incredibly important!
Read our latest mailed monthly newsletter – July 2024 edition today! Look out for our weekly E-Update on Friday! Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles from previous month which include an articles fireworks, drunk driving and our question of the month.
Ms. Hutchins died as the result of gunshot wound she sustained on the set. Baldwin was allegedly holding the gun when it went off, killing her
While this incident did not occur in Pennsylvania or New Jersey, it still presents an opportunity to explain drunk driving charges involving death or serious bodily injury and consequences of them. These are serious criminal charges! If you or a loved one is charged with drunk driving, contact a criminal defense lawyer today!
Display fireworks are those that you see during large shows. They are not available to the general public. Consumer fireworks are available to the public in many states but they are illegal to use or possess in Pennsylvania unless you are a dealer
While it is our sincere hope that you and your family will enjoy this and all Summer holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
Ollie Gordon was arrested on suspicion of driving under the influence by Oklahoma Highway Patrol. Police stopped Gordon after his vehicle swerved into the adjacent lane twice and was caught speeding 17 miles per hour over the speed limit of 65. This traffic violation provided probable cause for the initial
Justin Timberlake was recently arrested in Sag Harbor, New York (Long Island) on suspicion of drunk driving. Local police stopped his vehicle after they observed his BMW fail to acknowledge a stop sign, and swerve in between lanes.
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles from previous month. Read our latest mailed monthly newsletter – June 2024 edition today! Look out for our weekly E-Update on Friday!
Margate Police will begin to enforce town Ordinance 117-4—Parental Responsibility. This ordinance will permit police to issue tickets to the parents
Wildwood, New Jersey has banned backpacks on the boardwalk—effective immediately. The new ordinance prohibits bags larger than eight inches will be allowed on or near the boardwalk between 8 p.m. and 4 a.m. in Wildwood. This includes backpacks, fanny packs, cinch bags, coolers, briefcases, luggage, computer bags, and camera bags.
Recently, a federal jury in Delaware convicted Hunter Biden, the son of President Joe Biden. The case has sparked interest from our current, former and prospective clients regarding the laws pertaining to gun ownership in New Jersey and Pennsylvania as well as federal law.
Summer is here and Philadelphia, along with its surrounding counties in Pennsylvania and New Jersey will host musicians such as Kenny Chesney, Zac Brown, Megan Moroney and Uncle Kracker who are all performing this weekend at Lincoln Financial Field!
New Jersey, unlike Pennsylvania, maintains mandatory minimum sentencing laws for many crimes including felony offenses in the State. The victim allegedly sustained non-life-threatening injuries but this does not mean that the attempted murder charge will not proceed to a grand jury indictment
This appeal process will extend beyond the November Presidential election in which he continues to lead in national polls. His campaign raised $52.8 million less than 24 hours following the verdict.
Over this past Memorial Day Holiday Weekend Ocean City, New Jersey, which has proclaimed itself “America’s Greatest Resort” for over 85 years, issued more than 1,300 curbside warnings and detained 23 juveniles for fighting and shoplifting allegations. In Wildwood, police declared a state of emergency following “civil unrest” which allegedly began with numerous incidents involving property damage and violence. Most of these cases will likely end with a warning and perhaps some community service for these young people. There are many juvenile cases, however, which are much more serious!
The jury continues to deliberate the case against President Donald Trump in New York City following weeks of trial. The outcome could likely affect the outcome of the 2024 Presidential Election! Prior to deliberations, the trial judge provided them with instructions which could determine the case’s outcome. We very rarely hear about jury instructions in the news and they are usually never a part of any courtroom TV or movie drama. Jury Instructions are nevertheless a critical part of any criminal case!
Wildwood Police recently declared a state of emergency during the Memorial Holiday Weekend. Law enforcement cited “civil unrest” as the reason for the declaration which was later lifted. There was no specific reason for the order but civil unrest generally involves a high level of criminal mischief within the area
Summer 2024 unofficially started this weekend with the Memorial Day Holiday! Summer is also a time when many get on a plane to various destinations! All these travelers will go through airport security and there is a strong likelihood that security will find some type of contraband in a few of these travelers. You will almost hear about a person arrested at a local airport for attempting to bring handguns, drugs or some other contraband on to an airplane in their carry-on bags!
This is the case of Scottie Scheffler in Louisville, Kentucky where the current top ranked golfer in world remains charged with second-degree assault of a police officer, third-degree criminal mischief, reckless driving and disregarding traffic signals from an officer directing traffic. The assault charge is a felony; the others are misdemeanors.
The critical issue in many of these cases is often self-defense. Self-defense, however, must be brought into trial
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles.
Our criminal defense law firm represents individuals charged with crimes in Pennsylvania and New Jersey. While our law firm focuses its practice on representing those arrested and facing criminal allegations, there are situations where we are called to advise families and represent individuals during the Section 302 process under Pennsylvania’s Mental Health Procedures Act, Article III- Involuntary Examination and Treatment.
Sentencing guidelines are composed of two main elements- offense gravity score and prior record score. The new guidelines are much more comprehensive than the previous addition, which were in place for more than decade a prior to this revision.
Recently Dallas Police released a statement indicating that they would not pursue a sexual assault charge against Dallas Cowboy Quarterback, Dak Prescott. Civil lawsuits, however, are very different from criminal prosecution.
The Memorial Holiday Weekend is only a few weeks away and many will often be off to the Shore, Lake, or the Mountains in Pennsylvania and New Jersey. While these summer holiday weekend like Memorial Day and the 4th of July are a time to spend with our friends and family, there is always an increased police presence on the state and local highways in Pennsylvania and New Jersey.
a misdemeanor conviction is far less serious than a felony, in which the presumption is that the convicted individual will serve time in state prison. Felony convictions also carry with them, lifelong stigma which often hinder a person’s ability to obtain employment or pursue certain professional careers in law, medicine and business. It can also prevent a person from entering military service
It is very important to understand that a PFA and an FRO aren’t criminal prosecution but that a criminal case can develop from them. Here are some common questions that we have received from clients about this concept.
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles.
It is expected that Rice will be formally charged with at least one count of aggravated assault, one count of collision involving serious bodily injury and six counts of collision involving injury.
Recently Kanas City Chief Wide Receiver Rashee Rice was listed as a person of interest in a Dallas police investigation following a multi-vehicle crash where several people were injured.
While the parents of younger student find ways to occupy their children, older students in high school and college are typically left to explore foreign cities, travel, or just reconnect with old circle friends who don’t necessarily have the same academic or professional goals.
These two states share borders, and even sometimes sports teams but have very different laws when it comes to the regulation of guns and firearms, especially Ghost Guns.
While you should always store a handgun or any firearm, in a secure location, there are some people who store it in their home like any other piece of personal property.
Saint Patrick’s Day will be celebrated this weekend and whether you’ re going out to an event at a bar or simply staying home to host a smaller gathering of friends, please do it responsibly!
Recently, there was even a story in the local paper that two people were arrested at a local airport for attempting to bring handguns on to an airplane in their carry-on bags! The handguns were found at the security checkpoint and now the two men face criminal charges in Philadelphia, Pennsylvania and possibly federal criminal charges!
Winter is quickly coming to an end and Spring will be here in about a week. We turn the clocks forward tomorrow! Many people use the Spring to get ready for summer and conquer projects that they have put off during the winter months
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles.
State Police stopped Sherman who was allegedly traveling 79 MPH in a 60-MPH zone at about 2 a.m. This speeding would have at least formed probable cause for the vehicle stop.
One of the most common traffic offenses that our firm deals with in New Jersey is reckless driving as well as careless driving.
Recently, a 15-year old Pennsylvania resident was charged with murder and will be tried as an adult in Montgomery County Pennsylvania. According to police, 15-year-old Thomas James Niarhos, allegedly shot Jeremiah Waylon Hawkins, 39, in the face at point-blank range
Recently Phoenix, Arizona police arrested Detroit Piston player Isiah Stewart after he allegedly struck Phoenix Suns’ player, Drew Eubanks before a game between the Detroit Pistons and Phoenix Suns. Eubanks allegedly sustained minor injuries which likely formed the basis for the probable cause for the criminal charge against Stewart. It appears, at this point, Stewart is only charged with assault.
The average Super Bowl television commercial costs approximately 7 million dollars for a 30 second advertisement. Many consumers admit to not even watching the game but look forward to the commercials. More than 123 million people turned on to watch the Kansas City Chiefs and the San Francisco 49ers along with the commercials. One of the most talked about parts, however, wasn’t a specific play on the field, a commercial but an in game incident between Travis Kelce and Andy Reid. It put a national spotlight on player entitlement, anger, respect for coaches, and even domestic violence.
This case did not go to trial due to overwhelming amount of evidence against our client. Based on our detailed evaluation of the case, the State (prosecutor) would have been able to meet its burden of proof of guilt beyond a reasonable doubt. Despite a case not going to trial and resulting in a plea, there is still so much your criminal defense lawyer can do for you!
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles. Read our mailed monthly newsletter – February 2024 edition today! Look out for our weekly E-Update tomorrow
While likely criminal prosecution will not occur in the United States, the case has made headlines here in the United States. One (1) of the players charged is Philadelphia Flyer’s Goalie, Carter Hart. Hart along with three (3) other professional hockey players were charged with an alleged sexual assault which occurred in 2018, when they were a part of Team Canada in the World Junior Championship. The team went on to win the championship.
New Jersey, like Pennsylvania, provides protection for victims of Domestic Violence. In New Jersey a victim may seek a Restraining Order against his/her abuser through an Order granted by the Superior Court, Family Part, pursuant to the Prevention of Domestic Violence Act (PDVA).
The juvenile justice system isn’t the same as the adult criminal justice system and is often considered a less formal criminal court system. The goal of the juvenile system is supervision, care, and rehabilitation to ensure that the community in general is kept safe from harm, the perpetrator takes responsibility for his or her actions, and finally, to teach skills to allow the youth to become a productive member of society.
Similar to New Mexico law, what separates murder from manslaughter in Pennsylvania and New Jersey is malice. Manslaughter is the intentional killing without lawful justification where the actor kills another due to a sudden and/or intense passion resulting from some serious provocation.
There are actually incidents where neighbors fight over the “saving of spots” and sometimes these initial shouting matches escalate to physical altercations. There are a number of instances where the “saving of spots” has led to criminal charges ranging from simple assault and terroristic threats to even murder in extreme cases.
Winter is here and so is the snow with more on the way! Unlike previous years, the white powder has arrived and this presents a great opportunity to talk about evidence! While most wouldn’t associate snow with evidentiary principles, snow is often used to explain circumstantial evidence to juries and even law students.
The first snow/wintery mix accumulation (1-3 inches) arrived late last night and early this morning in the Pennsylvania and New Jersey. Most wouldn’t classify it as a storm and most local schools responded appropriately, remained in session, with delayed opening as opposed to cancellations? Most would think that a snow would reduce criminal activity in Pennsylvania and New Jersey but this simply not true.
The weekends are a great time to catch up on projects, meet with friends and spend time with family. The weekends, however, are also a time when most criminal problems occur in New Jersey and Pennsylvania.
If you’re charged with unlawful possession of a firearm charge in New Jersey along with a related drug offense it is important that your criminal defense lawyer, explains the severity of the case and the mandatory consecutive charges upon a conviction.
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles. Read our mailed monthly newsletter – January […]
Recently, the son of Pennsylvania State Senator, Sharif Street, and the grandson of former Philadelphia Mayor, John Street, was charged in Philadelphia with Simple Assault and Disorderly Conduct. This is not his first arrest within the Commonwealth.
No contest plea offers a client the opportunity to obtain most, if not all, the benefits of a guilty plea. Unlike a guilty plea, a no contest plea does not involve any acknowledgment as to having committed an illegal act but rather admits that the allegations, if proven beyond a reasonable doubt, meet the elements of the offense or offenses charged.
2023 is coming to an end and Holidays continue and virtually all students are home this week from University, High School, and elementary school. While the parents of younger student find ways to occupy their children, older students in high school and college are typically left to explore cities, travel, or just reconnect with old friends who don’t necessarily have the same academic or professional goals.
New Year’s Eve is celebrated everywhere and in some major cities like Philadelphia it continues into New Year’s Day. Philadelphia has its annual Mummers’ parade, but local restaurants, clubs, and neighborhoods have planned events. While these events start with good intentions, historically they are also a source of criminal problems throughout Pennsylvania and New Jersey due to excessive alcohol consumption along with drug use. While drugs like Marijuana are decriminalized, their use can still cause criminal issues for many people. There will be an increased police presence on all major highways and cities.
Philadelphia Flyers General Manager Danny Briere’ son, Carson Briere, was recently admitted into a criminal diversion program (Accelerated Rehabilitative Disposition) (ARD) in Erie County, Pennsylvania. You may recall that the younger Briere was charged with criminal mischief and disorderly conduct following an incident where he threw a empty wheelchair down a flight of stairs in a local Pub. No one was injured but the incident was captured on video which went viral on social media.
In Pennsylvania, over two million people have been a victim of mail theft with the average value of the package being approximately $43.00.
While negotiated and open guilty pleas require a defendant (accused) to admit to certain facts, a plea of no contest or no contendere is much different.
How serious is a theft, fraud or forgery charge in Pennsylvania. What makes robbery different?
Despite the Holidays, Philadelphia’s problems continue to get worse! Car thefts are at 20 year high. Over 20,000 cars have been stolen to date in 2023! Philadelphia already has some of the nation’s highest insurance rates, the theft surge is likely to make those rates even higher!
Police and law enforcement often need to obtain a warrant to obtain key evidence against a defendant. While police misconduct can often jeopardize the prosecution’s case, it doesn’t always result in a dismissal.
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles.
Most of these new Philadelphia gun owners have never owned a weapon and now must understand the responsibility and potential consequences that come with gun ownership. Pennsylvania maintains various handgun laws but, unlike New Jersey, does not mandatory minimum sentencing for most gun crimes. There are, however, some exceptions.
Prior to the plea, Iannone, through his criminal defense lawyer, attempted to obtain the Pre-Trial Diversion (PTI) program but the prosecution rejected the application. It appears that Iannone was rejected based on alleged prior criminal history and Kelly’s objection to his admission to this diversion program.
Police were called to a residence where a woman alleged that Miller assaulted her. While Miller wasn’t present when police arrived, the woman provided a statement and displayed physical signs of an assault. The relationship between her and Miller remains unknown
Sytch killed a 75 year old when her vehicle collided with the man’s car. Her Blood Alcohol Concentration (BAC) was four times the legal limit at the time of the incident.
As I’ve written on thousands of blogs, weekly updates, books and over 600 videos, individuals who fail to understand their constitution rights and limitations are usually in the worst position if and when they find themselves charged with a crime in Pennsylvania or New Jersey.
Irsay was arrested for drugged/drunk driving in 2014 and later pled guilty to the charge. Toxicology reports indicated that Irsay, at the time of his arrest, had prescription drugs in his system. According to the police report, officers found various prescription drugs in his car along with more than $29,000 in cash.
There is no doubt that New Jersey’s DWI laws carry with them harsh consequences. If you are faced with this offense you consider all of your options. Unlike Pennsylvania, New Jersey maintains no diversion program for Drunk Driving offenses and a plea will not provide you with any better result than the mandatory minimum penalties stated above.
Recently, Philadelphia 76ers’ player Kelly Oubre Jr. reported to police that he sustained serious injury following an alleged hit and run in Center City Philadelphia. Police continue to investigate the incident but have yet to recover an video which corroborates his story.
Holidays are notorious for the over consumption of not only food but alcohol and sometimes even drugs!
While these activities are sometimes harmful or even lethal to those who choose to participate in them, they can also sometimes lead to criminal charges.
The year is quickly coming to an end and many of us are turning our attention to the holiday season. While the holidays are usually are great time for most people, an arrest for an illegal gun or firearm will quickly ruin your holiday memories.
While the National Guard are not active-duty Soldiers, they are nevertheless a highly trained equipped military fighting force which often serves side by side with active-duty military personnel.
Our law firm strives to provide our clients and their families with the most up to date information on their constitutional rights in New Jersey and Pennsylvania. We do it through our weekly blogs, E-Updates, videos, vlogs and our mailed monthly newsletter which highlights our most popular articles.
New Jersey maintains some of the toughest illegal handgun and firearm laws in the United States under its Graves Act. If you’re found in New Jersey with a gun or firearm without a valid permit to carry, you face a mandatory minimum of 42-months State prison sentence if arrested and convicted for this crime in the Garden State.
The handguns were found at the security checkpoint and now the two men face criminal charges! This is an important story because the Holiday Season is quickly approaching and many will be getting on planes at various airports
He has pleaded not guilty to these misdemeanor charges which include battery and property damage. He remains free on bail pending trial. This case brings with it an opportunity to explain domestic violence charges and how they can create criminal and civil legal issue for a defendant such as this NFL player.
The prosecutors argued that the lower court erred when that judge stated that the prosecution failed to present sufficient evidence at the preliminary hearing. The judge agreed with the prosecutors and reinstated the charges. The Court specifically stated that the defense had raised trial issues at a preliminary hearing. This case presents an opportunity to explain preliminary hearings in Pennsylvania.
Over 43,000 are expected to attend the Phillies’ NLCS Game 7 this evening in addition to those who may not attend the game but watch it at Xfinity Live and the Casino in this stadium district! The game doesn’t start until 8:07 PM and many will have plenty of time to tailgate in parking lots before the game and many continue to consume alcohol during the event. While these events are often memorable, they frequently lead to the drinking and driving.
The player was allegedly driving over 70 MPH in a 35 MPH zone and allegedly weaving in and out of lanes in a residential area. He likely faces potential county jail, a license suspension, a substantial fine and perhaps even a suspension under the NFL’s Collective Bargaining Agreement.
What was the criminal allegation against Conor McGregor? Recently, prosecutors in Miami decided not to pursue criminal charges against UFC fighter Conor McGregor following an alleged incident in which the alleged victim stated that he attempted to force himself (kissing) upon her in a bathroom during an NBA Finals basketball game. Unlike the case against […]
Tonight, the perfect traffic storm will come together in South Philadelphia when the City hosts three major sporting events in one area at the same time. Over 55,000 are expected to watch Mexico-Germany soccer match in Lincoln Financial Field while over 45,000 are expected at the Phillies playoff game. Additionally, 19,000 are expected at the Philadelphia Flyers home opener. This combined sports crowd is expected to exceed 120,000 spectators in addition to those who may not attend the game but watch it at Xfinity Live and the Casino in this stadium district!
What determines your bail in Pennsylvania and what your criminal defense lawyer can do about it. Recently a Philadelphia Court of Common Plea judge raised the bail of Cody M. Heron, the Philadelphia biker charged with assault, from 2.5 million to 4 million following a defense motion to reduce it.
It is important to understand that within the category of criminal homicide falls murder, voluntary manslaughter, and involuntary manslaughter.
Recently, a motorcycle biker was charged in Philadelphia with aggravated assault and Possession of an Instrument of Crime (PIC). The felony and misdemeanor charge came after he allegedly jumped on top of back windshield of a motorist in Center City Philadelphia. In addition, he will also be charged with criminal mischief, terroristic threats, harassment, disorderly conduct, and disorderly conduct.
Fatal Drug overdose is a serious problem in the United States and overdose is a leading cause of death for people under the age of 50. The latest statistics show more than 109,000 drug deaths in 2022, with a majority coming as the result of the drug fentanyl. Drug deaths nationwide hit a new record in 2022 according to the Centers for Disease Control and Prevention. To combat this growing problem, drug induced homicide statutes are merged.
Philadelphia once again made national headlines for the wrong reasons when hundreds of adults and juveniles looted stores throughout the city. Crime in Philadelphia continues to skyrocket, especially in Center City, West, and South Philadelphia. Citing theft and violent crimes, specifically among the youth population, major retailers such as Wawa, Starbucks, and CVS have closed multiple locations in the City while expanding operations in Southern New Jersey and the Pennsylvania suburbs.
As I’ve stated in many of my previous blog articles and strategy books, a criminal problem can happen at any time but there is a greater chance that this could happen whenever there is a large gathering of people and alcohol such as post playoff game win or loss!
Bail is a right usually guaranteed by the 8th Amendment to the United States Constitution as well as Article I, Section 14 of the Pennsylvania Constitution.
What are his defense options and possible sentences if convicted of aggravated assault in New Jersey
He is not an attorney and disregarded the Judge’s Order to leave the Courtroom. He was subsequently taken into custody. Prior to his arrest, however, he allegedly argued with the Judge, Court staff, and refused at one point to comply with the Sheriff’s commands during his arrest.
Every football game, regardless of the outcome, will generate excitement, massive crowds and likely overconsumption of food and alcohol. This combination sometimes leads to criminal problems for fans and their families. Most of these games are sold out and in Philadelphia, over 70,000 are expected to attend the game at Lincoln Financial Field.
The alleged victim, Kysre Rae Gondrezick, is a WNBA player. She allegedly sustained a fractured neck vertebra and a cut above her right eye.
While homes, storage facilities and vehicles are usually secured with locks or some other physical device, electronic devices are secured with passwords or passcodes.
The Summer Season officially ends next week but kids are back in school. The roads and highways will be busy with traffic in Pennsylvania and New Jersey. While the two states share borders, bridges and sometimes sports teams, the laws are extremely different when it comes to police vehicle traffic stops and searches in these jurisdictions. This is often the most important issue in many criminal cases.
The new academic year is here! Some students have already gone back to the classroom and the rest will start this week after the Labor Day Holiday. Courts in New Jersey and Pennsylvania recognize that the school environment requires order and discipline.
A criminal charge and a possible conviction can stay with a young person long into their adult years and sometimes even a lifetime. There are many cases where a felony or even a misdemeanor conviction will not allow a minor to ever purchase a gun or firearm, enter the military, be eligible for certain government programs and educational opportunities.
Whenever a person is charged with a possessory crime involving the illegal possession of a handgun, firearms, an illegal drug or narcotic (aka CDS-controlled dangerous substance) there are two main areas that we target from a defense standpoint
Quinn is now charged with third-degree assault and battery, hit-and-run of an attended vehicle, four counts of hit-and-run property damage and one count of striking fixtures adjacent to a highway.
Recently, former West Virginia basketball coach Bob Huggins was arrested and charged with drunk driving. Initially, Huggins case was scheduled for an arraignment and likely headed to trial. These proceedings, however, were cancelled after the prosecution agreed to a diversion program for this former college basketball coach.
Recently, Philadelphia police and federal authorities arrested a teen following an investigation. This Philadelphia teen is now charged with possessing weapons of mass destruction, conspiracy, arson, and causing or risking a catastrophe.
Under the terms of the Agreement with the Prosecution, Ruggs will serve a mandatory minimum three (3) to ten (10) years in State incarceration for an incident which occurred on November 21, 2021. He has no time credit toward this state sentence
Recently, Philadelphia Fox 29 News Anchor Bob Kelly suffered injuries to his face following an alleged an assault which occurred during an event in Cape May County New Jersey in Sea Isle City. The alleged attacker is now charged with aggravated assault and is scheduled to appear in court later this month.
New Orleans Saint Alvin Kamara pleads no contest, settles a civil suit, and will meet with NFL commissioner
His criminal defense lawyers advised him not to enter in guilty plea to two misdemeanor tax counts of willful failure to pay federal income tax. This was part of the plea to avoid prison on a felony gun charge.
In addition to these obvious risks, drunk driving often carries with it a mandatory minimum jail sentence and the loss of your drivers’ license. Here are 5 points that you should keep in mind if your weekend plans include alcohol
One of the most common questions that we receive is from Pennsylvania residents who own a gun in Pennsylvania but also own a Summer residence at the New Jersey Shore. This law here recently changed. Taking your out of state gun to your New Jersey Shore house is now more complicated.
he Pennsylvania and New Jersey Rules of Criminal Procedure, however, do allow private citizens to make a criminal complaint against another person. If a complaint is made, the District Attorney (Pennsylvania) or the Prosecutor (New Jersey) must determine if the alleged perpetrator should face criminal prosecution and a possible conviction
Carter pled no contest as opposed to guilty to mitigate his liability in a civil lawsuit. His criminal defense lawyers probably advised him to proceed in this way. A no contest and a guilty plea are
Recently, Northwestern fired its football coach, Pat Fitzgerald, after alleged hazing incidents that occurred amongst his football players. The school parted with the longtime coach after an outside law firm determined that while there was insufficient evidence to conclude that Fitzgerald knew about the hazing, there were significant opportunities to learn about it. The decision to terminate the coach remains highly controversial but presents an opportunity to explain how college hazing can result in criminal charges.
In addition to DWI, there is a substantial increase in traffic offenses such as reckless and carless driving. While these terms are often used interchangeably, they are very different.
In the past, when there was down time from sports, outside activities, and camp, kids needed to occupy time with books, board games, and non interactive video games. While these alternatives were not ideal, they didn’t involve potential legal consequences for young adults.
Display fireworks are those that you see during large shows. They are not available to the general public. Consumer fireworks are available to the public in many states but they are illegal to use or possess in Pennsylvania unless you are a dealer
As I’ve explained in the past in my blogs, videos, and books, individuals who fail to understand their constitution rights and limitations are usually in the worst position if and when they find themselves charged with a crime in New Jersey or Pennsylvania
While it is our sincere hope that you and your family will enjoy this and all Summer holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
During the Summer months, DWI/DUI (aka drunk driving) offenses often increase dramatically. Clients often ask if there is anything we can do to help with a refusal charge in New Jersey. This is often a very misunderstood area of criminal defense.
Recently, Hunter Biden, the second son of President Joe Biden, entered a plea agreement with the federal government to plead guilty to federal tax evasion charges in exchange for recommendation of probation.
Biden was also charged under 18 USC §922 (g) and (n) – possession of a firearm or ammunition by a prohibited person. This is a felony offense and a person convicted of it faces up to ten (10) years of federal incarceration.
Recently, an National Football League (NFL) player for the New England Patriots was arrested at an airport for the illegal possession of a handgun. Airport security discovered the handgun when they searched his carryon luggage. What defenses are available to him?
In Pennsylvania, the charge of homicide by vehicle and leaving the scene of accident involving death do not require the Commonwealth to establish guilt beyond a reasonable doubt with regards to intent to cause death.
Recently, professional UFC fighter, Conor McGregor, made the headlines for the wrong type of knock out! McGregor attended the NBA Finals Playoff Game between the Miami Heat and the Denver Nuggets. McGregor and the Mascot, Bernie, engaged in a skit which was supposed to portray a fight between the two characters.
A former US Marine, Daniel Penny, is charged with manslaughter after he allegedly killed a homeless man on the NYC subway.
Recently, an incident occurred in Philadelphia involving the State Police and alleged street racers. One suspected racer was shot and killed after his vehicle allegedly struck at least 2 Troopers.
Summer is here and many Pennsylvania residents will cross a bridge and spend a substantial amount of time in New Jersey. Pennsylvania residents, however, are often shocked to find out how different the laws are in New Jersey. One common area of misunderstanding are police car stops and vehicle searches.
This change comes after a Memorial Day weekend where Ocean City police responded to nearly 1,000 incidents, including underage drinking, vandalism, assault, shoplifting and illegal firearms. This was nearly 100 more than the previous year!
The Memorial Day weekend is about to start but there are some new changes to the laws and ordinances at various South Jersey Shore towns where many plan to travel from the Philadelphia Metro area this summer. While ordinances are not crimes, they still subject the violators to fines and potential jail.
Former Alabama Basketball player, Darius Miles, was denied bail following his arraignment on Capital Murder charges in Alabama. Miles, and another man, Michael Davis, were charged with capital murder following a January 15, 2023, shooting that led to the death of Jamea Jonae Harris.
Summer 2023 is almost here and there is nothing that can ruin this wonderful time like a criminal charge! While most of my readers won’t run into any trouble this season, they may have a friend or a family member who doesn’t read my blog, my books, or watch my videos in Pennsylvania or New Jersey.
In most states, a handgun carry permit (conceal carry) is required to possess a loaded handgun in public, but in Tennessee
In response to these proposed changes, however, thousands made public comments to the DEA to voice their opposition to this proposal. As a result, the DEA has decided to maintain
Philadelphia didn’t wait for the State government to act and has already decriminalized the drug. A person literally can’t walk through Philadelphia morning, noon, or night without smelling Marijuana; much like the days when it was common to leave a restaurant or bar smelling like you just smoked a pack of cigarettes! Marijuana is literally on every corner in downtown Philadelphia, especially in its historic sections.
His criminal defense attorneys had filed motions to exclude (suppress) the blood evidence against Ruggs which indicated that his BAC was .16, double the legal limit.
Philadelphia politicians who are advocating for stronger gun laws are either unaware of these mandatory laws or simply trying to blame the City’s problems on those with opposing political views. It is this lack of leadership, organization and direction that continues to drive young professionals and their families out of city in record numbers!
In New York, up until June 2022, the permit to carry law was very similar to New Jersey. In New Jersey, a concealed carry permit was only given if a person could demonstrate a justifiable need or cause for the gun.
While New Jersey and Pennsylvania share many things in common, New Jersey’s shore isn’t one of them. Recently, New Jersey passed several laws and regulations which people need to understand before you go to the shore this summer.
Less than halfway through 2023 and over 50 children have been shot on Philadelphia streets. The latest was 12-year-old in South Philadelphia who was shot in the back while riding his bike around the corner from his home.
The election has focused on variety of issue but violence appears to be at the top of the list. One of the latest issues to combat the spiking violence is Stop & Frisk, which at least some of the candidates have deemed an illegal police tactic.
While doctors and pharmacists across the country often stigmatize and demonize those who utilize hormone replacement therapy, these same alleged health care providers promote drugs such as “Medical Marijuana” which, unlike Testosterone, causes impairment which directly creates a risk to the patient themselves and millions of others around, including their children.
While a criminal offense can happen at any time or any place, we see the following crimes the most during the Spring months in Pennsylvania and New Jersey
It is an extremely broad charge which involves defacing, destroying, or damaging the real or person property of another person.
The days are longer and the temperatures are going up. Many throughout Pennsylvania will use this time to travel in and out of the Commonwealth for religious events, graduations and maybe even a barbeque. Alcohol is often served at many events and so drunk driving (DUI) is always a hot button issue this time of the year for our criminal defense law firm.
While Philadelphia lost residents, Montgomery and Chester counties in Pennsylvania saw increases in their population as did Burlington, and Gloucester counties in New Jersey.
Delaware would become the 22nd state to legalize marijuana for recreational purposes in addition to New Jersey. While medical marijuana is legal in Pennsylvania, recreational use is still a crime in the Commonwealth.
Shooting and gun related violence have become almost daily occurrences in Philadelphia. This incident provides another opportunity to explain the dramatic differences in gun and firearm laws in Pennsylvania and New Jersey.
Criminal mischief is a misdemeanor of the second degree if the loss is in excess of $1,000 and a misdemeanor of the third degree if the loss is in excess of $500, but less than $1,000. Briere is charged with a misdemeanor of the second and it is alleged that the value of the wheelchair exceed $1,000.00.
Recently, President Biden signed an executive order to increase gun regulation across the country. The order, however, does not target those who possess handgun illegally but rather all potential gun owner
The sentencing judge isn’t authorized to go below the mandatory minimum sentence unless the attorney filed for a Graves Act Waiver. Without a waiver, judge would be imposing an illegal sentence which would be overturned on appeal.
Recently, former NBA star, Shawn Kemp, was arrested and charged following an alleged drive by shooting in the Pierce County, Washington State. While this case did not occur in Pennsylvania or New Jersey where our criminal defense law firm maintains its practice, it provides a great example of direct vs. circumstantial evidence.
While most people believe that these cases arise from conduct which occurs on the street, in a car, or directly by police, there are many cases where the conduct is observed on social media and on applications such as Facebook, Tik Tok, or Instagram.
The trial last six weeks and dominated the media headlines. Murdaugh, originally denied that he was near the crime scene on the day in question
At the time of the arrest, she maintained a permit to carry the handgun from Florida and legally purchased the gun. New Jersey, however, does not recognize out of state permits to carry. Deville remains free on bail following her arrest but faces a mandatory minimum state prison sentence if convicted.
Recently, former University of Georgia star, Jalen Carter was charged with reckless driving and drag racing, following a Jan 15, 2023 in Athens Georgia where a crash killed a teammate and recruiting staff member.
While traffic offenses in Pennsylvania are often summary or misdemeanor crimes, there are a number which are felony offenses, specifically those involving death or personal injury.
Recently, a new type of binge drinking entered the underage and college arena –the “blackout rage gallon” or Borg. The Borg is a gallon jug filled with water, vodka, a caffeinated drink, water flavoring, and liquid IV.
Recently, All-SEC Georgia Bulldogs’ linebacker Jamon Dumas-Johnson was arrested for reckless driving and racing on highways in Athens-Clarke County, Georgia. This case provides a good opportunity to explain traffic laws in Pennsylvania and New Jersey which could result in a suspended driver’s license and or jail! Yes, you can go to jail for traffic violations!
Miles has no prior criminal history. While he did not allegedly fire the fatal shot, he allegedly admitted that he gave the gun to the shooter after another player, Brandon Miller, brought it to him
In a criminal case, someone accused of a crime has the absolute right to a fair trial by an impartial jury. The defendant, however, does not have the right to a trial in a county of their choice.
Many have asked why can’t Philadelphia pass its own gun control laws to address the violence which is at a record high in the City. Families are leaving Philadelphia for safer cities, suburbs, better schools, and an overall better quality of life.
These words are often used interchangeably, but they are very different. If you or a friend, or a family is currently on probation or parole, you must understand this difference!
Any person, regardless of their sentence or crime is eligible for compassionate release. To be eligible, however, a person must either have a
Critics claim that marijuana is a gateway drug that leads to dependency, despite its alleged benefits. Addiction, and the desire to try other more potent drugs often leads to criminal consequences. Many persons enter the criminal justice system because of drug addiction.
It is important to understand that in Pennsylvania, there are a number of criminal statutes directed at large gatherings such as the Super Bowl.
I’ve stated in many of my blog articles, videos, and strategy books, a criminal problem can happen at any time but there is a greater chance that this could happen whenever there is a large gathering of people and alcohol such as the Super Bowl parties, post-game celebrations and parades.
Sills is now on the NFL commissioner’s exempt list is not permitted to participate in team activities including the Superbowl next week
While it is our hope that you will not need our services, we understand that a legal problem can happen at any time or place. Our Monthly Newsletter brings together our most popular articles!
Recently, the Philadelphia Inquirer ran a story about a current mayoral candidate who was arrested and faced felony charges after he allegedly bought a house from a person in 2014 who was allegedly dead at the time of the sale. The person died in 2003!
Allegedly, the defendant indicated that she did not feel “safe” to stop her car despite the officer being in full uniform and in a marked patrol vehicle.
the search of property requires a reasonable suspicion in most cases but New Jersey and Pennsylvania have different standards when it comes to drug dog searches.
Every playoff game, regardless of the outcome, will generate excitement, massive crowds and likely overconsumption of food and alcohol. This combination sometimes leads to criminal problems for fans and their families.
Authorities in New Mexico have charged actor Alec Baldwin with 2 counts of involuntary manslaughter following a 2021 incident in which he allegedly fired a prop gun that killed cinematographer Halyna Hutchinson and injured a director.
Recently, bodybuilding coach (aka guru), Ameen Alai, was indicted on one count of distribution of Ibogaine, a scheduled one controlled substance following the death of one of his alleged clients.
Lineups and pretrial identifications are critical pieces of evidence in any criminal case and it is important to understand when either is admissible at trial.
This time of year people make New Year Resolutions with the hope of meeting a goal such as losing weight, or eliminating a bad habit such as drinking. This is also a good time to understand ways to avoid literally spending thousands on dollars on a criminal defense attorney in Pennsylvania or New Jersey
If a person’s fingerprints are at the crime scene, most people think that should mean a person committed the felony or the misdemeanor crime. So no fingerprints would mean that a person didn’t commit the crime and either shouldn’t be charged or acquitted …right?
The proposal to change Pennsylvania’s cash bail system has caused a lot of concern, especially in Philadelphia, where there were over 420 homicides and over 1,000 carjackings in 2022 alone.
While the majority of offenses are misdemeanors and, in some cases, summary offenses as opposed to felony crimes, each could substantially hinder or derail a professional or academic career.
2022 is coming to an end and here are our answers to the top 10 criminal defense questions from 2022. Our law firm wishes you a Happy New Year and looks forward to a strong 2023!
As a general rule your overall appearance and that of your defense counsel should always try to convey trustworthiness/credibility (I believe you) along with strength/competence (I respect you). I cannot stress this point enough and lawyers who tell you that “it really doesn’t matter” are simply not being honest with you or themselves.
While the parents of younger student often struggle to find ways to occupy their children, older students in high school and college are typically left to explore cities, travel, or just reconnect with old friends who don’t necessarily have the same academic goals.
While Pennsylvania, New York, Delaware and New Jersey neighbor each other, they have different laws regarding the possession of illegal guns, firearms, as well as the possession of illegal drugs and narcotics.
Our criminal defense law firm frequently represents persons who truly believe that their action weren’t illegal and they were well within their rights under the law in New Jersey and Pennsylvania.
Drunk driving is one of the leading causes of traffic deaths in America, with drunk drivers causing 32 deaths a day according to the United States Department of Transportation. In 2022, the death toll from drunk driving was a staggering 11,654, which was a 14 percent increase from 2021. Driving under the influence (DUI) is a major problem in many states, including Pennsylvania and New Jersey. It costs the nation over $44 billion annually.
Many of our criminal cases begin with a police traffic stop and a vehicle search. In these situations, a person right against illegal search and seizure becomes critical.
In Pennsylvania, there are actually nine (9) types of DUI charges based on the circumstances surrounding the person’s arrest.
If you are stopped for suspicion of a DUI/DWI in Pennsylvania or New Jersey, a police officer or state trooper will likely ask for you to submit to a field sobriety test.
Juul will pay over 1 billion dollars to settle more than 5,000 lawsuits by school districts, local governments, and individuals including over 400 million dollars to settle a lawsuit brought by 33 states, including New Jersey, Pennsylvania and Delaware.
While many agued that her sentence was harsh, the laws everywhere are different especially when it comes to the United States and Russia. This is the chance you take when you travel abroad with contraband and should serve as a strong reminder to anyone considering it!
Most people believe that only a gun or perhaps a knife is considered an “instruments of crime,” Pennsylvania, however, the crime of “possession of an instrument of crime” isn’t exclusively reserved for guns and firearms. Under Section 907(a) a person commits a misdemeanor of the first degree if he or she possesses any instrument of […]
All searches are not the same and there is a substantial difference, however, between searches done by a government official, such as a police officer or other law enforcement and private searches.
This ordinance provides no financial incentive for parents to comply but yet requires a police officer to make every reasonable attempt to return a child home.
If you’re found in New Jersey with a gun or firearm without a valid permit to carry, you face a mandatory minimum of 42-months State prison sentence if arrested and convicted for this crime in the Garden State.
While the two states share borders, bridges and sometimes sports teams, the laws are very different with regards to police vehicle traffic stops and searches in these jurisdictions.
Pennsylvania, like New Jersey, maintains a tiered drunk driving penalty system which increases the severity of the offense based on a person’s BAC level and a person’s prior history of driving drunk.
For most men, it only takes 2-3 drinks to be at or above the legal limit of 0.08 and for women, less than 120 pounds, it can be as little as 2 drinks. It depends on a number of factors such as body weight, metabolism, age, body fat and muscle mass ratio.
Impeachment proponents believed it was necessary because DA Krasner had allegedly implemented various criminal justice reforms which contributed to Philadelphia’s current gun violence situation.
You should never plead guilty to something you didn’t do! You have the right to fight these charges in a criminal and civil courtroom
Drunk driving is one of the leading causes of traffic deaths in America, with drunk drivers causing 32 deaths a day according to the United States Department of Transportation. In 2020, the death toll from drunk driving was a staggering 11,654, which was a 14 percent increase from 2019. Driving under the influence (DUI) is a major problem in many states, including Pennsylvania and New Jersey. It costs the nation over $44 billion annually.
Many families in Pennsylvania and New Jersey will be on the road this last month of the year for holiday shopping, family events, and office holiday parties.
Philadelphia is on pace to have a record 1,400 carjackings, a 500% increase since 2019! There were 193 carjackings in 2017, but the number has increased substantially since that time with 409 in 2020, 847 in 2021 and 828 currently in 2022 with over a month remaining in the 2022. In addition to carjacking, theft from unattended vehicles has also increased substantially in Philadelphia with less than 2,000 in 2019 and over 9,000 in 2021!
It is important to understand that a theft charge in New Jersey can range from a disorderly persons offense to an indictable crime of the second, third or fourth degree depending on the value of item in question. In addition, a theft which involves force is considered a robbery and in some cases, carjacking, if it involves a car or motor vehicle.
a theft charge in Pennsylvania can range from a summary offense to a much more common misdemeanor offense and even a felony charge in some cases!
Recently, Tierra Whack (aka Tierra Whack-Welton), a well- known rap music artist from Philadelphia was arrested and charged with disorderly conduct after airport security discovered a loaded handgun during a security screening.
Racial profiling is an issue which a criminal defense attorney may sometimes need to address if he or she is representing a member of a minority group such as African American, Hispanic, Asian, or a Native American person.
A handgun is obviously a dangerous piece of equipment, which unlike most household items is highly regulated and subject to many state and federal laws which include mandatory minimum state prison sentences in some cases.
Inevitable Discovery is an exception to the illegal search and seizure rule in both Pennsylvania and New Jersey.
This was not Reid’s first offense, and he has a previous conviction in Pennsylvania for drunk driving in 2007, along with a prior simple assault and unlawful possession of firearm’s charge.
The holiday season unofficially kicks off with Halloween tonight! Kids across the country will be out and bringing home candy and other treats. There is never a reason to drink and drive but this evening, with the large number of children on the street and the World Series, police departments are taking extra precautions on many majors roads and highways with drunk driving checkpoints. Please be responsible!
Following their 29-7 loss, cameras captured Michigan State football players attacking a Michigan player along with another player.
Currently, if you’re convicted of felony murder in the Commonwealth, you face a mandatory minimum life sentence.
Deaths involving opioids are actually decreasing, while deaths involving stimulants like cocaine or methamphetamine are increasing.
Every World Series game, regardless of the outcome, will generate excitement, massive crowds and likely overconsumption of food and alcohol. This combination sometimes leads to criminal problems for fans and their families.
For many in the Philadelphia metropolitan area, playoff baseball means extra time to spend with family and friends. Many use the time to tailgate in parking lots or to host parties. While these events are often memorable, the frequently lead to the drinking and driving.
We always advise clients to never or give up waive constitutional rights against illegal search and seizure or self-incrimination.
Electronic devices, unlike a home or storage locker, have non-physical barriers which require a specific code that is usually only within the knowledge of the accused person.
It is sometimes in a client’s best interest to plead guilty. This isn’t something that one should do without a careful evaluation of these 5 issues.
In most situations if a person has an existing bench warrant, they will be arrested during a routine traffic stop or perhaps going through a security check point at an airport, train station, or bus depot.
Diversion programs are usually reserved for misdemeanor offenses but not felonies, especially gun crimes. Some people, however, do receive these diversion programs
Gun violence is at an all time high in the city of Philadelphia and more than 1,400 people have been shot this year alone in that city. This is a higher number then New York and Los Angeles, which have much larger populations (New York – 8.3 million; Los Angeles – almost 4 million). Philadelphia has less than half the population of Los Angeles and less than a quarter of the population of New York City, yet a higher rate of gun violence!
Las Vegas Raiders receiver, Davante Adams, was captured on national television allegedly shoving an ESPN cameraman. While Adams apologized for the incident, the cameraman has filed a criminal complaint against Adams.
Allegedly 6 out of 10 Pennsylvanians want the Commonwealth to legalize the Schedule I narcotic but it remains incredibly controversially as it as seen as gateway drug into other addictions.
During this Monday Night game, millions watched a protestor, carrying a device letting out pink smoke, run onto the field during the game and Wagner, in full football uniform, delivered a shoulder block which easily took the fan to the ground.
Former police officer Edsaul Mendoza remains charged with Murder of the First Degree , and Murder of the Third Degree following a preliminary hearing in Philadelphia following the death of 12 year old TJ Siderio. Siderio was killed after the encounter with police after he shot into an unmarked police vehicle.
In many ways, the New Jersey system is much better as it does not punish a person simply for not having the ability to pay his or her way out of jail prior to trial.
More than 1,400 people have been shot this year alone in Philadelphia. This is a higher number then New York and Los Angeles, which have much larger populations (New York – 8.3 million; Los Angeles – almost 4 million). Philadelphia has less than half the population of Los Angeles and less than a quarter of the population of New York City, yet a higher rate of gun violence!
When have received many phone calls from persons in Pennsylvania and New Jersey in situations where they did remain on site and simply ran from scene. Here are our answers to the most common questions
These are the most common crimes associated with these incidents in New Jersey and the possible criminal penalties associated with them including mandatory minimum sentences
Eric Ruch, Jr., a former Philadelphia police officer, was convicted of voluntary manslaughter. The former officer was also charged with murder of the third degree.
No parent or guardian wants to deal with a juvenile delinquency issue, but it does happen! At our initial consultation with a parent and the juvenile, our criminal defense law firm explains the process to parents and guardians who are obviously concerned about their child and the long-term consequences of a potential criminal allegation or conviction.
While Pennsylvania has this program which can benefit thousands convicted of drunk driver, many don’t understand it! The goal of our blog, videos, books and podcasts is always to make you an educated client!
both states have a compelling interest to keep drunk driving at a minimum to safeguard other drivers. All drivers have consented to chemical testing as a condition of their licensing requirements in Pennsylvania and New Jersey.
This is an extremely broad criminal charge and involves the defacing, destroying, or damaging of real or personal property of another.
Many use the time to tailgate in parking lots or to host parties, which culminate in an end of season Super Bowl events. While these events are often memorable, the frequently lead to the drinking and driving.
While vaping isn’t necessarily something that will lead to a criminal charge but rather a school sanction, it is an important issue for many of our clients and their families.
This is not Reid’s first offense, and he has previous convictions in Pennsylvania (Montgomery County) for drunk driving in 2007, along with simple assault and an unlawful possession of a firearm (no permit to carry).
The new academic school year is here and drivers in Pennsylvania and New Jersey must once again share the roads with buses taking students to and from school every day.
While it is our sincere hope that you and your family will enjoy this and all holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
High School and obviously college students have much more independence than younger students. Parents in many of these situations have no understanding of what occurs in school, after school or outside of class. This is especially true when it comes to the initiation into a club or sports team.
The purpose of probation is to ensure that a person does not engage in behavior which initially put them into trouble.
To assert a right against an illegal search and seizure, however, a person must have reasonable expectation of privacy in the property searched.
These are mandatory minimums, and the sentencing Judge is not permitted to deviate from them pursuant to New Jersey criminal statute.
A criminal conviction can hinder a student’s ability to obtain internships, get into certain graduate programs and seek employment post-graduation
Our criminal defense law firm represents individuals arrested and charged with felony and misdemeanor offenses in Pennsylvania and New Jersey. Frequently, we handle cases involving trespassing along with the felony charge of burglary. While terms trespassing and burglary sometimes used together, there is a substantial difference between these two criminal charges in Pennsylvania and New […]
The music artist has pled not guilty to two counts of these assault charges which were allegedly committed with a semi-automatic firearm.
Pennsylvania has an Ignition Interlock Limited Driver License Program which allows persons convicted of drunk driving (DUI) in the Commonwealth to obtain limited licenses to maintain employment and other family obligations despite a drunk driving conviction.
No person moves into a college dorm, an apartment or a house with the thought that one or more of the persons living in that same residence could be involved in a criminal activity especially one involving illegal drugs, narcotics or even a gun or firearm.
Dupree was charged after he allegedly attacked a store employee following a dispute at a convenience store while he was with some friends. Dupree who is 6-4, 269 pounds allegedly grabbed employee and his phone.
Trump would have gained absolutely no benefit from his potential testimony in a deposition. He would have only provided information that it would not otherwise be able to obtain against him
President Trump purchased the property in 1985 for $10 million. It has 58 bedrooms, 33 bathrooms, 12 fireplaces, a 29-foot marble dining table, and 3 bomb shelters! Ironically, in 1973, the former owner Marjorie Post, heir to the Post Cereal Fortune, gave it to the United States, as a testamentary gift, to serve as a “winter Whitehouse” in 1973. The federal government, however, returned the residence to the Post Foundation in 1981.
It is important to understand that a polygraph is not actually a lie detector test but evaluates a person’s physical responses to questions. The machine makes its determination based on these physical presentations and not anything within a person’s mind.
New Jersey, unlike Pennsylvania, maintains an indictment system under its crimes code. The Garden State is one of 23 jurisdictions that exclusively employs this type of criminal prosecution
Our criminal defense lawyers represent individuals charged with indictable crimes in New Jersey as well as persons charged with disorderly persons and petty disorderly persons offenses in the Garden State. In addition, we represent people charged with misdemeanor and felony offenses in the Commonwealth of Pennsylvania. There is a major difference between indictable crimes and […]
If a Court orders that a person is detained or that bail is set unreasonably high, it makes the case that much more difficult to defend
The NFL and the Commissioner, didn’t even have to use Sue L. Robinson’ services for this case, but agreed, nevertheless, to let her make this decision for the first time in the league’s history.
Recreational Marijuana is now legal in New Jersey and sales began in April of 2022. Currently only 17 stores, however, within the state are permitted to sell it. Adults are permitted to purchase up to
House arrest is a good option for many clients as it allows the person to stay out of jail and, in many cases, continue to earn income for their families.
The goal for any client and their family is to mitigate the long-term consequences of the conviction so that they can move forward with their life with the least possible hinderances toward the advancement.
Former federal judge Sue L. Robinson made her decision based on only 4 cases as opposed to the two grand juries which reviewed 22 cases.
We frequently receive questions regarding guns and firearms. In addition, we also receive questions regarding what is and isn’t considered a firearm or gun in Pennsylvania and New Jersey.
Here are the answers to the most common questions that our criminal defense lawyers receive about sealing criminal records in Pennsylvania
Unlike many criminal offenses, drunk driving is a charge that is very common to a wide variety of occupations and stations in life.
The prosecution isn’t obligated to give the defense everything, despite what many people commonly believe about the justice system in Pennsylvania.
Despite legalization in States like New Jersey and decriminalization in States like Pennsylvania, medical marijuana remains a controlled substance and still classified as a Schedule I drug
Here are some common questions and phrases police officers ask to investigate and collect information which could lead to a vehicle search or a search warrant:
During the summer months, drunk driving arrests increase in both states because of an increased police presence on the roads and highways in Pennsylvania and New Jersey.
these aren’t serious criminal charges, but nevertheless, could result in the minor having a criminal record which could hinder professional academic advancement.
The law increases the grading of a drunk driving offense from a misdemeanor to a felony offense and was created after the tragic death of Deana Eckman. Eckman was killed following a head on collision with a drunk driver in Delaware County, Pennsylvania.
Recently, our criminal defense law represented a young man who was arrested in Salem County, New Jersey on an outstanding arrest warrant out of Media, Delaware County, Pennsylvania for illegal gun charges. This young man was stopped for an unrelated traffic offense and wasn’t even aware of the arrest warrant.
Sports analyst, NBA, WBNA players and coaches along with talk show host have submitted that Griner pled guilty to expedite her way back to the United States. This, however, is simply wrong, not true and demonstrates the misunderstanding of the legal process or strategy!
Our criminal defense law firm recently represented a single mother charged with simple assault, possession of an instrument of a crime (PIC), and recklessly endangering another person (REAP) in Philadelphia, PA.
At the trial level, our law firm often makes arguments regarding actual vs. constructive possession in criminal cases involving illegal guns and narcotics.
New Jersey Governor Murphy recently signed changes to State’s already tough gun control laws. These changes focus mainly on gun safety reforms to continue the fight against gun violence in New Jersey. T
WNBA superstar Brittney Griner has pled guilty to drug charges in Russia and could possibly face up to 10 years in prison. Many have advocated for her release but if she wasn’t a professional athlete would the U.S. government go out of its way to secure the release of the average citizen arrested and convicted of a drug charge in a foreign country.
While legal experts have alleged that the Russian proceeding are a “show trial”; Griner would have few, if any, real defenses to these criminal charges under the U.S. constitution either!
While it is our sincere hope that you and your family will enjoy this and all holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
Everyone has the legal right against illegal search and seizure, but commercial settings, like an airports and train stations, are different. Commercial passengers are subject to heightened security measures than the average law-abiding citizen.
The exceptions to your constitutional rights often work against your right against search and seizure. They are, therefore, very important to a case especially if you or a friend is facing a potential state prison sentence.
While traffic offenses aren’t as serious as something like an illegal handgun, narcotic, or a violent felony, they’re nevertheless important to our clients and their families living, working or vacationing in the Garden State.
New Jersey rarely uses blood draw so the Birchfield has really no affect on New Jersey Drunk Driving cases. Birchfield does affect Pennsylvania cases involving blood draws
Griner has remained in custody in Russia since February when she was stopped at the airport with the alleged substance. The alleged cannabis (marijuana) vape cartridges were found in her luggage by custom officials at the airport.
New Jersey and Pennsylvania share borders, bridges, and sometimes even their love for certain professional sports teams but they have very different laws with regards to marijuana (cannabis). While the illegal possession of marijuana isn’t as nearly as serious as the illegal possession of a handgun, it is still can be a felony in some cases. This blog brings to together the most common questions that we receive about marijuana in both states.
New York, like New Jersey, does allow permits to carry handguns, but it was virtually impossible (before June 23, 2022) to obtain one given the process. In New York, similar to New Jersey, the applicant must show a “justified” need for the gun and a Court must approve the application. In most situations, the permit isn’t issued.
The US Supreme Court, in a 6-3 decision, has struck down a New York Law which prevented people in New York from obtaining a permit to carry without demonstrating a particular need for carrying a gun.
The proposed new law is an attempt to keep young people safe based on recent mass shootings. In addition, business owners have complained that large groups of teens congregating often causes problems for their business
While New Jersey has legalized the sale of recreational marijuana from dispensaries within the Garden State, there is still a medicinal cannabis program where patients can receive orders from their doctors or other healthcare professionals for up to three (3) ounces of cannabis, every thirty- (30) days.
New Jersey, like many states (but NOT Pennsylvania) has legalized the still Scheduled I drug Marijuana (Cannabis). The State’s Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMM), permits the legal sale and use of cannabis and cannabis products for residents and non-residents. These are the top questions regarding the new law in New Jersey.
Many of our clients and their families assume that Pennsylvania has legalized marijuana, just like New Jersey. The severity of a crime involving marijuana in the Commonwealth depends on the circumstances surrounding it.
Former NFL and Las Vegas wide receiver, Henry Ruggs, remains charged with two felony counts of Drunk Driving (DUI/DWI) resulting in death and faces up to 40 years in prison on those charges alone in addition to related criminal counts against him. His criminal defense lawyers, however, have filed a Motion to Suppress the blood […]
The recent police misconduct cases in major cities, like Philadelphia, have raised questions about qualified immunity. Every case is different but we often receive very similar questions from families. Here are my answers to the top 3 questions regarding qualified immunity
Qualified Immunity shields all government workers from civil lawsuits arising from constitutional right violations. Some believe that Ending qualified immunity is the best solution for both law enforcement and the general public.
there have been over 239 mass shootings in the United States in 2022 alone and so this issue of gun ownership if at the top of current events. States have the right to legislate and make laws within their borders, but state law can never conflict with federal law
The words Due Process are often used in and out of the courtroom but many people, even some attorneys, surprisingly don’t understand or can’t explain it. Due process ensures that legal proceedings operate according to established rules and principles that are designed to protect the rights of private individuals, specifically the right to a fair hearing and the right to know what actually constitutes a crime (notice).
Communication between the alleged victim and the defendant are major trial and pre-trial issues. We often must explain to clients legal concepts involving communications by phone, email and text message. It is unbelievable how many are actually convicted at trial because of a text message with often devasting prosecution evidence.
If this plastic bag ban wasn’t enough, a city, with the one of highest crimes rates in the country, has instituted a policy which directs police to NOT stop vehicles for certain vehicle code violations
We always tell readers and clients to respect police and law enforcement but to never give consent to search their vehicle, their home or property. In addition to not giving consent to search, a person should never speak to police without a lawyer present.
While the majority of these cases involve representation of adults, our law firm has also represented minors in the juvenile justice system in Pennsylvania and New Jersey. The goal of the juvenile system is supervision, care, and rehabilitation to ensure that the community in general is kept safe from harm, the perpetrator takes responsibility for his or her actions, and finally, to teach skills to allow the youth to become a productive member of society.
New Jersey, like Pennsylvania, maintains laws to protect domestic violence victims. These are temporary (emergency) court orders and often final orders which prohibit the abuser from having any contact with the victim. They are often abused for other motives against domestic partners. In New Jersey there are 2 types of restraining orders: a temporary restraining order (TRO) and a final restraining order (FRO).
he Memorial Holiday weekend is almost here and its the unofficial start to summer 2024. There is an increased local and state police presence on all major highways during national holidays
One of the first things that clients ask about is “my discovery” but most don’t understand what the discovery must contain and when they’re actually entitled to it! You hire a criminal defense lawyer not only to be your advocate in court but also to advise you about your rights under the law
During the summer, it is common for people to host parties and barbecues at their homes for friends and family. While these are often casual events, the law doesn’t distinguish between a formal affair held at your home and one where persons are sitting around a fire pit in your backyard wearing jeans, sandals or bathing suits. In Pennsylvania, social host liability applies to adults who serve alcohol to minors. Adults are responsible for the consequences of their own drinking but minors are the exception. New Jersey however doesn’t limit lawsuits to minors, but also allows adults to bring claims against social hosts if these individuals leave an event clearly intoxicated.
Former Philadelphia Police Officer Edsaul Mendoza, was fired over the shooting of Thomas “TJ” Siderio, and surrendered on Sunday night. He was denied bail, and now faces first- and third-degree murder, voluntary manslaughter, and possessing an instrument of crime.
Police in New Jersey and Pennsylvania are now using drug dogs more frequently during traffic stops to determine or confirm suspicions of illegal narcotics within a vehicle.
What should your criminal defense lawyer do at your preliminary hearing? A preliminary hearing isn’t a trial but don’t underestimate its importance in your criminal defense. Frequently assistant district attorneys expect defendants to waive these proceeding in exchange for an agreement to lower bail, dismiss minor charges that were added to the lead charge.
Spring is here many in Pennsylvania and New Jersey have decided to start home projects which include cleaning out attics, garages, and other storage containers in our homes. While you should always store a handgun or any firearm, in a secure location, there are some people who store it in their home like any other […]
In New Jersey, like Pennsylvania, the prosecution doesn’t need to prove an actual traffic violation to justify a traffic stop.
It appears that local authorities will not criminal charge Smith following the incident and it appears that Chris Rock doesn’t plan on filing a civil lawsuit against Smith for the incident
In most cases, these witnesses can provide crucial testimony to either the prosecution or the defense.
A critical time that can dramatically change the outcome of your criminal case is what you do or how you react during that initial police contact.
Popular TV shows like NCIS, CSI, and even sometimes Law & Order are based on forensic investigation catching criminals who believed they committed the perfect crime. Many of these television dramas focus on DNA evidence such as fingerprints identification or dactyloscopy.
The annual Saint Patrick’s holiday is here! Whether you are going out to an event at a bar or simply staying home to host a smaller gathering of friends, please do it responsibly! Obviously, most of think of drunk driving but this isn’t the only potential legal issue.
Despite, Philadelphia’s new law, the rest of Pennsylvania and New Jersey’s law enforcement aren’t forcing police to ignore these low level traffic offenses which often lead to more serious criminal charges.
Recently, Houston grand jury declined to indict NFL star Quarterback Deshaun Watson on 10 criminal complaints filed against him last year, which alleged a range of illegal sexual act including his exposing himself
Ignorance isn’t a legal defense and you should never assume that you understand the law when it comes to guns and firearms. A lethal weapon is defined as an firearm, device, instrument, material, or any other substance that is capable of bringing about great bodily harm or death.
Our criminal defense law firm, with offices in strives to provide information that will provide immediate value for our clients.
While the majority of Pennsylvania illegal gun and firearm crimes do not trigger mandatory minimum state prison sentences, New Jersey maintains several mandatory minimum state sentences for the illegal possession and use of guns and firearms.
Philadelphia is the first major city in the United States to ban police stops for low-level traffic offenses.
Recently, a client was surprised to learn that his medical marijuana card didn’t serve as a legal defense to his DUI charge in Pennsylvania. He, like a lot of my clients, believed that driving while impaired, under the influence, or while intoxicated only applied illegal drugs such as crack cocaine, PCP, heroine or some other non proscribed narcotic drug.
An arrest, however, doesn’t necessarily mean a lifelong criminal conviction, even if the evidence is overwhelming.
Everyone is looking for a shortcut to make life easier. Short cuts, however, should never involve the transfer, purchase or sale of a gun or firearm.
There is no exact amount of time in which an officer must complete an investigation, it is important to always remain silent and not allow police to search your vehicle or your person. Never give consent to search! Don’t volunteer any information and don’t elaborate or attempt to engage the officer in a conversation since this will only extend the investigation.
To calculate a person’s parole eligibility it’s important to keep in mind several factors. These factors are as follows:
There are no minimum eligibility requirements for a pardon application and a board will review each application on a case by case basis.
Free-agent NFL running back Adrian Peterson has been charged with domestic violence allegations in Los Angles, California. This case presents an opportunity to discuss what defines these types of criminal charges in Pennsylvania and New Jersey
New Jersey judges and not juries decide these issues as they are pre-trial and not trial issues. If your criminal defense lawyer doesn’t file the necessary motions to exclude evidence, you will lose your right to argue this issue
Many people travel with their prescriptions and it’s not uncommon to see people consuming or swallowing pills and other medications in their car. Always keep in mind that the search of a car or vehicle is much different than the search of a home
The search of a person’s person is much more intrusive than the search of their property. This type of search therefore requires probable cause
There are situations where a person can’t come to court because they have passed away, have taken ill or have simply “disappeared.” The court, however, may find that a witness’s statements are non-testimonial and either the defense or prosecution may offer such statements for their effect
Our criminal defense law firm represents persons charged with drug driving in Pennsylvania (DUI) and New Jersey (DWI). Initially, our defense often focuses on what occurred prior to our client’s arrest. While this tactic is appropriate and sometimes effective, our legal analysis doesn’t stop there. Focusing on what occurs before the arrest forms the basis […]
Cases come to our law firm in different ways but the majority begin following a vehicle or pedestrian search where police discover or uncover evidence of crimes in the form of illegal guns, narcotics, firearms or a handgun.
While the majority of US household, especially ones with working professionals own or lease 2 or more cars, many of us will have to rent or borrow a car at some point in our lives.
The purpose of the inspection requirement in states like Pennsylvania and New Jersey is to ensure the car’s safety for the road.
According to the CDC’s National Center for Health Statistics, there were an estimated 100,306 drug overdose deaths in the United States during 12-month period ending in April 2021, an increase of 28.5% from the 78,056 deaths during the same time the year prior.
As a result, individuals convicted of these mandatory minimum offenses typically spend a greater percentage of their sentences incarcerated than those convicted of crimes subject to the default rule of parole eligibility.
All warrantless searches in New Jersey are presumed unconstitutional but it is a rebuttable presumption which the State can overcome.
The purpose of this book is to provide you with a broad understanding of criminal justice and criminal defense in New Jersey. While most of the concepts and terms focus on matters within New Jersey, the core principles are applicable to other state jurisdictions as well as the federal criminal justice system. I have committed […]
New Jersey bail system, unlike Pennsylvania’s system isn’t based on money but on risk factors to determine if a person should be held in custody prior to trial.
An indictment isn’t a finding of guilt, but rather that enough evidence exists for a person to stand trial on a charge, otherwise known as an “indictable crime” within the Garden State.
I often represent people who have no criminal history who are simply in the wrong place at the wrong time or simply don’t exercise proper judgment.
A person is guilty of criminal conspiracy if he or she acts with another person with the intent to commit a crime.
While some are home from work or school, there are many businesses like bars, restaurants and even the malls and casinos in New Jersey and Pennsylvania that are open all of which create possible legal trouble for those with time off!
New Jersey, like Pennsylvania, the law is very similar with regards to passing school buses while the red flashing lights are activated.
Recently, in its decision in the matter of Commonwealth v. Barr, the Pennsylvania Supreme Court ruled that the smell of marijuana can be a factor police use to justify a search without a warrant but can’t be the sole basis for it According to the Court’s decision, “The odor of marijuana alone does not amount […]
2022 is almost here but being charged with drunk driving in Pennsylvania or New Jersey, however, isn’t the way to end the year and start the new one! An arrest and a conviction for drunk driving will make your life very complicated in 2022 as it will result in legal fees, a drivers’ license suspension […]
2021 is coming to an end and despite restrictions, many are still attending New Year’s Eve and New Year’s Day parties in New Jersey, Philadelphia, and its surrounding counties of Bucks, Chester, Delaware and Montgomery Pennsylvania. Regardless if you’re celebrating the New Year in Pennsylvania or New Jersey, it’s important to understand that too much celebration […]
I can’t believe the 2021 is almost over! Our law firm, like so many professional services companies, has overcome a number of obstacles this year. I am so proud of the work we have done for our clients and their families and we look forward to an even better results in 2022! This year, we […]
For those traveling outside of Pennsylvania this holiday season, Christmas, and New Year and who enjoy the security of carrying their firearm—BEWARE! You just can’t jump in your car with your gun and hit the road, especially if you headed over the bridge into the states of Maryland, Delaware, New Jersey or New York! Don’t […]
Motions to suppress evidence are one of the most powerful weapons that a criminal defense lawyer can use in the state of New Jersey and in any criminal courtroom across the country, to exclude potentially incriminating evidence from trial. New Jersey, however, is different procedurally from many states including Pennsylvania. In New Jersey, a motion […]
Despite the widespread availability of vaccines, an extremely low death rate, and proof that restrictions are destroying small businesses struggling to survive, Philadelphia, unlike any other county in Commonwealth or New Jersey, is requiring that restaurants verify patron vaccination status. These Philadelphia restaurants are required to turn away any patron who isn’t vaccinated even if […]
Pennsylvania and New Jersey have very different rules when it comes to pre-trial release and bail. Unlike the Commonwealth, New Jersey maintains a mostly cashless bail system under its bail reform. In New Jersey, the rules allow for pre-trial release by non-monetary means to reasonably ensure an eligible defendants appearance in court. Who is eligible […]
Our criminal defense law firm handles a wide variety of criminal cases in Pennsylvania and New Jersey. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas. While New Jersey and […]
Our law firm practices criminal defense in New Jersey and Pennsylvania and one of the critical concepts that we review with clients is an understanding of their pre-trial discovery along with the rules that apply with it. One of the first things that clients ask about is “my discovery” but most don’t understand what the […]
Consciousness of Guilt – Why running from police always makes your criminal case worse Recently, the Philadelphia District Attorney’s Office asked the Pennsylvania Supreme Court to find that part of the Pennsylvania law governing when police can use deadly force as unconstitutional. Prosecutors have argued that the portion of the law which allows officer to […]
Recently, Oakland County prosecutor Karen McDonald brought charges against the parents of Ethan Crumbley in Michigan. Crumbley is accused of a school shooting which took the lives of 4 students. Crumbley allegedly committed the murders with a 9mm pistol which his father purchased at a local gun shop during black Friday. What is involuntary manslaughter […]
Pennsylvania Governor Tom Wolf recently vetoed a bill passed in the Pennsylvania Senate which would have allowed lawful gun owners to conceal carry and open carry within the Commonwealth without a permit. Currently, Pennsylvania prohibits concealed carry unless the owner obtains a permit from either the chief of police in Philadelphia County or his/her equivalent […]
During the Thanksgiving holiday and following Black Friday weekend there were numerous DUI roadblocks throughout New Jersey. Here is the link to all recent DUI roadblocks in the New Jersey area: Recent New Jersey DUI Checkpoints – November 2021 / Recent NJ DWI Checkpoints – Page 1 (duiblock.com) Read my blog article on the legality […]
During the Thanksgiving holiday and following Black Friday weekend there were numerous DUI roadblocks throughout the Philadelphia area including the surrounding counties. Here is the link to all recent DUI roadblocks in the Philadelphia Metro area: Recent Pennsylvania DUI Checkpoints – November 2021 / Recent PA DWI Checkpoints – Page 1 (duiblock.com) Read my blog […]
The Holidays are officially here and many will host parties at their homes and places of business. While the annual tradition has obviously decreased these past couple of years, many families and companies are moving forward again with the tradition for business and personal reasons. For many holiday parties are excellent ways to build and […]
For those traveling outside of Pennsylvania this holiday season and who enjoy the security of carrying their firearm—BEWARE! You just can’t jump in your car with your gun and hit the road, especially if you headed over the bridge into the states of Maryland, Delaware, New Jersey or New York! Don’t assume distance matters when it comes […]
Thanksgiving and the holiday season is upon us and there is no better time to blog on drunk driving in Pennsylvania and New Jersey. Most people don’t realize that drunk driving offenses spike this time of the year and so a good understanding of this offense will put a person in the best position if […]
The Thanksgiving holiday is this Thursday followed by the traditional Black Friday shopping day which seems to come under fire more each year due the length people go to for a sale. The purpose of this blog isn’t to judge those who wait in store lines overnight for a flat screen. Holidays are notorious for […]
Recently, our criminal defense law firm with offices in Pennsylvania and New Jersey received a question regarding the federal crime of Honest Services Fraud (18 USC 1346) following the trial and conviction of union leader John Dougherty and Philadelphia City Councilman Bobby Henon. Both men were convicted on several counts following their jury trial and […]
Many of our clients face drug and illegal narcotic charges in Pennsylvania and New Jersey. Some of these people have never been in any criminal trouble and are now in danger of going to state prison! I’ve always told my friends and family that a drug charge can happen to anyone because we’ve all been […]
Recently my colleagues selected me as a 2022 Super Lawyer in the field of criminal defense within the Philadelphia metro area which includes Philadelphia, Delaware, Montgomery, Bucks and Chester counties in Pennsylvania. This was my 8th consecutive selection and obviously, I’m grateful for the selection but can’t stress enough the importance of looking beyond an […]
I’ve already done a blog and a video on former Las Vegas Raider, Henry Ruggs, and his pending drunk driving case where he is charged with drunk driving resulting in death following an incident which allegedly killed a woman in Las Vegas. Ruggs faces up to a maximum of 20 years on this drunk driving […]
Philadelphia’s City Council recently passed The Driving Equality Bill (14-2) and Mayor Jim Kenney is expected to sign it into law. The bill will take effect in 120 days. The new law will prohibit police for stopping drivers for low level traffic violations which studies show target minorities, especially black drivers, at a higher rate. […]
Former Las Vegas Raider, Henry Ruggs, is charged with drunk driving resulting in death following an incident which allegedly killed a woman in Las Vegas. In Nevada, this crime is a Class B felony and if convicted Rugs faces a mandatory minimum years of state incarceration and up to a maximum of 20 years on […]
Article 1 Section 8 of the Pennsylvania Constitution and the 4th &14th Amendment to the United States Constitution protect an individual’s rights against illegal search and seizure. To assert these rights, a person must first establish “” to do so. There is a critical threshold question in any case involving the claim of unlawful search […]
Recently, actor Alec Baldwin shot and killed a movie cinematographer Halyna Hutchins on the set of his movie “Rust” in Santa Fe, NM. Baldwin allegedly didn’t know that the weapon was loaded and unsafe to use, and an assistant director allegedly handed it to him, which led to the death. To date, Baldwin is not […]
The Most Common Pennsylvania Pre-Trial Criminal Diversion Programs – ARD, AMP, Section 17 Our criminal defense law firm frequently encounters clients who have no prior criminal history. They’re often charged with summary or misdemeanor offenses such as drunk driving, minor drug possession, petty theft, or some type of minor physical altercation or disorderly conduct. Clients […]
If a search and seizure is conducted without probable cause, all of the evidence obtained from that search is inadmissible and excluded from trial. This is basic principal of constitutional law under Pennsylvania’s constitution and the US constitution. The evidence isn’t permitted at trial under what is known as the exclusionary rule. The purpose of […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey and we sometimes need to defend persons charged in connection with alleged domestic violence. Pennsylvania, like New Jersey, maintains a strict procedure which allows a police officer to arrest a person, without a warrant, if he or […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey. We frequently must represent young persons charged with crimes that involve the illegal possession of drugs, narcotics, guns, and firearms. Despite their age, these individuals face serious criminal penalties which include the possibility of state prison followed […]
Recently and sadly, the remains of 22 year Gabby Petito were found in Wyoming’s Bridger-Teton National Forest. Now, the FBI and along with various other law enforcement agencies are looking for her fiancé, Brian Laundrie. Laundrie allegedly returned home to Florida without Petito three weeks ago. He has since disappeared and it is assumed at […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey. These crime and offenses range from the illegal possession of narcotics, firearms, and drunk driving to white collar offenses such as insurance and identity fraud. Recently, 15 NFL players pled guilty to insurance fraud (Title 18, Section […]
Our law firm wants to ensure that our clients in Pennsylvania and New Jersey understand their rights, especially in cases where they face a substantial state prison sentence for crimes involving the illegal possession of drugs, narcotics, firearms, and guns. In New Jersey criminal defendants often face mandatory minimum sentencing, and so if an accused […]
Our criminal defense law firm represents persons charged with crimes and offenses in Pennsylvania and New Jersey. We have represented people from every walk of life and sometimes we’ve had to represent a student accused a crime which began after a search revealed contraband on school property. Why is school different? First, its important to […]
Our criminal defense law firm represents students charged with different crimes and offenses in Pennsylvania and New Jersey. While many of these cases are minor compared to many of our adult cases, they are nevertheless important, especially to the parents of these students. A criminal charge and a possible adjudication can stay with a young […]
Our criminal defense law firm represents individuals charged with gun and firearm offenses in Pennsylvania and New Jersey. As I’ve written in previous articles, the two states treat these weapons differently, especially with regards to their general possession, purchase and the ability of an owner to carry them outside of his or her home or place of […]
Our criminal defense law firm, based in Philadelphia, but with a second office in Moorestown, New Jersey, represents people charged with vehicle related crimes in Pennsylvania and New Jersey. While the majority of these offenses pertain to driving under the influence (drunk driving (DUI/DWI)), we also represent accused persons where alcohol or drugs aren’t involved. […]
During the summer, many rent cars to take trips to various locations outside of Pennsylvania and New Jersey. Post pandemic People have different reasons for renting vehicle but usually its to save their own car from those extra miles along with the wear and tear. Outside of the summer, most of us will have to […]
Probable Cause vs. Reasonable Suspicion – What is the difference Our criminal defense law firm represents client charged with crimes in Pennsylvania and New Jersey. By far, the most important concepts that we need to explain to client and their families is probable cause and reasonable suspicion. The terms are often used interchangeably but they […]
Health and fitness facilities which include traditional gyms, health clubs, cross fit affiliates and others allocate over 40% of their gross revenue to employee wages, salaries, and benefits. These employees and sometimes independent contractors are vital to the success of fitness based businesses. They are responsible not only for the retention of current members but […]
Our criminal defense law firm represents individuals charged with violent and non-violent offenses in Pennsylvania and New Jersey. In cases involving the allegation of violence against our client a common and critical issue is that of self-defense. New Jersey and Pennsylvania refer to self-defense as “justification” under their crimes code and both jurisdictions separate it […]
Pre-trial intervention (PTI) is a diversion program in New Jersey which allows a person to avoid a criminal conviction and be eligible for an expungement following completion of a program. Like Pennsylvania’s ARD program a person’s admission into the program is largely based on the prosecutor (assistant district attorney) discretion and the courts review of […]
Our criminal defense law firm defends individuals charged with different gun and illegal firearm offenses in New Jersey and Pennsylvania. As I’ve written in my previous blogs, books, and stated in my videos, New Jersey and Pennsylvania treat illegal guns differently. In New Jersey, the illegal possession of a gun or firearm (Title 18, Chapter […]
Warrantless search is a major issue in all criminal defense cases but especially those involving illegal guns (Title 18, Chapter 61, PA; 2C: 39-5, NJ), drugs (Title 35, Section 780-113, PA; 2C: 35-10, NJ), narcotics (Title 35, Section 780-113, PA; 2C: 35-10, NJ), controlled substance, Drunk Driving and DWI (Title 75, Chapter 38, PA; 39: […]
Summer is here and there is nothing that can ruin it like getting arrested! While most of my readers won’t run into any trouble this summer season, they may have a friend or a family member who doesn’t read my blog, my books, or watch my videos. As I’ve written on my blog and in […]
According to a report from the United State Department of Justice, crime is more common in the summer than the winter. This doesn’t apply to all crimes, but there are a few that spike every summer in the Pennsylvania and New Jersey where our criminal defense law represents individuals charged with felony and misdemeanor offenses. […]
While the majority of criminal cases ends with a plea, this doesn’t mean you should do it. As criminal defense lawyer in Pennsylvania and New Jersey, I can not tell you how many clients have come to me after a plea not understanding what they actually pled to and the long term consequences of that […]
I’ve written previous articles on the various illegal gun and firearm charges in the state of New Jersey and the mandatory minimum sentencing under the Garden State’s Graves Act. The laws in New Jersey are much stiffer than in Pennsylvania. While the Commonwealth is a “shall issue” state the state of New Jersey is a […]
Philadelphia Underage DUI Defense Attorney In Pennsylvania the legal age to consume alcohol is 21 just like the rest of the country. The legal limit for Blood Alcohol Content is .08%, again just like the rest of the United States. However, if you are under the age of 21 and are caught drinking and driving […]
A DUI/DWI (Title 75, Section 3802; 39:4-50) is a crime anyone can commit. Many people do not know what to do when you get pulled over for DUI, DWI or impaired driving charge. However, by following these steps, you can protect yourself and your rights. It is important to seek the advice of an experienced NJ […]
Recently colleagues nominated me as a 2021 Super Lawyer the field of criminal defense within the Philadelphia metro area. This was my 7th consecutive selection and obviously, I’m grateful for the selection but can’t stress enough the importance of looking beyond an attorney’s awards and other past accolades. Focus on what the attorney is doing to keep […]
Summer 2021 is here and most of us will spend extra time on the roads in Pennsylvania and New Jersey. Our criminal defense law firm with offices in Pennsylvania and New Jersey want to provide you with a quick review of your rights and responsibilities during a police traffic stop. Most of our criminal cases, […]
In addition to the upcoming Memorial Day Weekend, the Garden State officially ends its mandatory mask requirement tomorrow (Friday, May 28th), There is no doubt this will encourage people to head into New Jersey this holiday weekend. Philadelphia has yet to lift the requirement and don’t be surprised if Pennsylvania residents start crossing the bridge […]
As we get ready to kick off Summer 2023 please keep in mind 5 important legal tips, which can be a huge benefit if you find yourself charged with a crime involving illegal drugs, guns, or drunken driving (DUI/DWI). All searches done in Pennsylvania and New Jersey without a warrant are presumed to be unconstitutional. […]
Following Derek Chauvin’s conviction at trial, where a jury convicted the former Minneapolis Police Officer on all three counts in the murder of George Floyd, the question is now how much time will he serve in State prison. Prior to sentencing both the prosecution and defense teams will have the opportunity to review a pre-sentence […]
Crimes of violence are sadly in the spotlight the news and on social media especially given recent events in our country. Our criminal defense law firm in Philadelphia often defends the crimes of Aggravated Assault and Attempted Murder in Pennsylvania. These are obviously serious charges which subjects a person to a substantially long prison sentence. Even a […]
Yesterday, a jury has found former Minneapolis police officer Derek Chauvin guilty of unintentional second-degree murder, third-degree murder and second-degree manslaughter following death of George Floyd. The verdict has caused a lot our readers to ask what is the difference between these charges in Pennsylvania and New Jersey. It is important to understand that within […]
Our criminal defense law firm represents person charged with illegal drug and narcotic crimes in Pennsylvania and New Jersey. Most of our illegal drug and narcotic cases come to us following vehicle or car stops on a street, road or highway. Remember that police and other law enforcement need probable cause to search your car […]
Now that criminal courts are getting back to normal in Pennsylvania, our criminal defense law firm is back to representing accused persons at preliminary hearing across the Commonwealth. I’ve written previous articles on preliminary hearing strategies specifically those involving illegal guns, drugs and violent felonies. A preliminary hearing isn’t a trial but don’t underestimate its importance in […]
Everyone wants to win but sometimes but sometimes trials aren’t in a client’s best interest. Sometimes trial is the only option that makes sense but the evidence is just too strong. While our criminal defense law firm strives to obtain acquittals and dismissals for all of its clients and their families, we realize that pleas […]
Many of our clients face drug and illegal narcotic charges in Pennsylvania and New Jersey. Some people who have never been in any type of criminal trouble now face the prospect of going to state prison! I’ve always told my friends and family that a drug charge can happen to anyone because we’ve all been […]
Pennsylvania was the 24th state to legalize Cannabis as a medical treatment when Governor Wolf signed the “Medical Marijuana Act.” While the Act has addressed many concerns on the medical administration of the drug, those utilizing this treatment must understand that Pennsylvania still classifies Cannabis a Schedule I Controlled Substance. This classification, despite the legalization for medical […]
As restrictions to continue to relax many of our readers will once again cross the bridge to and from New Jersey and Pennsylvania without giving it much thought. It’s important to realize, however, that these two jurisdictions have dramatically different laws regarding firearms. What is a gun or firearm? In Pennsylvania the term “firearm” is […]
Our law firm represents individuals charged with a wide variety of crimes offenses and crimes in Pennsylvania and New Jersey ranging from summary to felony offenses. Recent protests and riots in and around the Capitol Building in Washington, DC and in Philadelphia over the summer have created a potential legal situation for those on both […]
Many of us watched the Super Bowl this past Sunday where Tom Brady and the Tampa Bay Buccaneers won his 7th title against former Philadelphia Eagles Coach Andy Reid’s Kansas City Chiefs. Prior the game, however, Reid’s son, Britt, was involved in a car accident where 2 children sustained serious injuries. According to new reports, […]
We’ve only finished the first month of 2021 and we’ve already had our first major snow storm in Pennsylvania and New Jersey. There are still plenty of weeks of winter and the snow reminds of me example which is often used in law school and in courtrooms to explain the concept of circumstantial evidence—footprints in […]
The first snow storm of 2021 continues to pound the Northeast especially in Philadelphia, the surrounding counties of Bucks, Montgomery, Delaware and Chester along with all of New Jersey. Despite the storm, our criminal defense law firm is operating at full speed thanks to technology such as zoom! While snow is falling and many are […]
The first winter snowstorm of 2021 is here! In Philadelphia and its surrounding counties, there is somewhat of a tradition of saving parking spaces with chairs, cones, or some other household item
Reasonable suspicion is based not only on the officer’s observations but his knowledge and length of experience in his position
Our criminal defense lawyers represents accused persons charged with possession and possession with intent to distribute, deliver or manufacture in Pennsylvania (PWID) and New Jersey. These charges range from something as low a summary offense (petty disorderly- New Jersey) to as high as felony offense (Crime of the First Degree in New Jersey—indictable offenses). If […]
Like Pennsylvania, New Jersey doesn’t treat all narcotics the same way. Controlled substances are classified according to five schedules
The terms are often used interchangeably but they are different. Criminal charges are the result of investigations.
New Jersey has some of the nation’s toughest gun laws regarding the unlawful possession of a handgun or firearm.
Pennsylvania, similar to New Jersey, doesn’t permit an individual to carry or possess a firearm (even in their home or place of business) if they have been convicted of certain enumerated felony offenses
While this year was very different because of government imposed shutdowns which have led to the failure of many small businesses there is always still a significant spike in arrests for drunk driving, impaired driving, driving under the influence and driving while intoxicated throughout Pennsylvania and New Jersey. Despite being misdemeanors (usually but not always), […]
2021 is almost here after a tough 2020. A drunk driving arrest, however, isn’t the way to end the year and start the new one! An arrest and a conviction will make your life very complicated 2021 as it will result in legal fees, a drivers license suspension and possible jail. A DUI/DWI conviction will […]
While most of us, aren’t going anywhere this year because of restrictions, even small celebrations can cause potential criminal problems.
Once again The Pennsylvania Constitution offers greater protections against warrantless searches than the United States Constitution.
If you’re traveling outside of Pennsylvania this Christmas or Holiday season and want the security of carrying your handgun or firearm—BEWARE! You just can’t jump in your car with your gun and hit the road, especially if you headed over the bridge into the states of Maryland, Delaware, New Jersey or New York! Don’t assume distance matters […]
Individuals who fail to understand their constitution rights and limitations are usually in the worst position if and when they find themselves charged with a crime
The 3 most common criminal offenses related to “saving spots” during winter snowstorms
New Jersey and Pennsylvania have dramatically different laws regarding handguns and firearms
One of the lesser known consequences of a controlled dangerous substance offense (CDS) is the potential for a driver’s license suspension.
Despite restrictions in New Jersey & Pennsylvania, Philadelphia Police, over this Thanksgiving weekend, recorded the same number of drunk driving arrests (18) this year as they did in 2019.
While New Jersey and Pennsylvania have restricted indoor and outdoor gathering, many will ignore executive orders to stay home this Christmas and holiday season.
The majority of drug induced homicide cases don’t involve traditional drug dealers but rather friends of the overdosed decedent.
Under the new law, a New Jersey criminal court can now broadly consider as a mitigating factor whether a person under the age of 26 would have acted differently.
If you’ve decided to get rid of a handgun or firearm its important that you do so in the proper manner.
If police or civilians were killed during these riots in Philadelphia which often involve robberies and burglaries the felony murder rule would apply here.
Transporting guns and firearms isn’t like moving other household items or personal belongings
Philadelphia officials have argued that these preemption laws are creating dangerous situations
On average, New Jersey’s municipal court adjudicates over 6 million cases per year. While 5 million of these cases involve
The Florida court ruled that police failed to ensure that the video minimized the intrusion on non-criminal activity
Our law firm represents individuals charged with different crimes and offenses in the state of New Jersey. Many of these allegations pertain to what the Garden State classifies as “indictable” offenses. Indictable offenses are heard in New Jersey’s Superior Court, but prior to indictment the state may attempt to resolve the matter through a plea […]
Our law firm represents students charged with different crimes and offenses in Pennsylvania and New Jersey. While many of these cases are minor compared to many of our adult cases, they are nevertheless important, especially to the parents of these students. A criminal charge and a possible conviction can stay with a young adult long […]
In the past, most vehicles on the roads and highways ran on gas but today, there are vehicles which run on electric, natural gas, solar, and a combination of fuel sources.
In New Jersey, if an underage driver’s BAC is .01 or more, but less than .08, then license suspension is
Police need probable cause to search your car but they don’t need a search warrant; warrantless searches are allowed in Pennsylvania and New Jersey.
If you choose to refuse, the police officer will not exert any force to compel you to take the test
If you do speak to police and then later attempt to challenge the admissibility of that statement, keep in mind that most courts
The Commonwealth of Pennsylvania is what is known as a ‘shall issue’ state for concealed carry licenses.
Moving out of Philadelphia and into South Jersey isn’t new and hundreds of thousands of have done it over the years due to poor leadership, increaed crime and lack of options for young families
This is a unique charge as it does not require the Commonwealth to establish an intentional killing beyond a reasonable doubt!
New Jersey, like Pennsylvania, allows police and law enforcement to obtain search warrants in criminal matters if they believe that they can find evidence of a crime at a specific location.
Recent protests in and around Philadelphia have created a potential legal situation for those on both sides of the issues related to racial discrimination, Christopher Columbus in South Philadelphia, ranging from summary to felony offenses.
There is a presumption in Pennsylvania that deadly force is justified and that it is immediately necessary if the person against whom force is used
Despite continued executive order in Pennsylvania and New Jersey to maintain face masks, social distancing and groups beyond 25, local police must deal with protests following the death of George Floyd in Minneapolis, Minnesota. Riots are occurring around the country and unfortunately, in the city of Philadelphia, along in its surrounding Montgomery, Bucks, Delaware, Chester […]
If you’re charged with a drug crime in New Jersey it is very important that your attorney discuss if your matter falls under a Brimage eligible offense.
A gathering by itself allows police to investigate the group meeting and possibly even issue a citation.
A firearm is obviously a dangerous piece of equipment, which unlike most household items is highly regulated and subject to many state and federal laws which include mandatory minimum state prison sentences in some cases.
Many small business owners believe that it is simply not economically feasible to close their doors for a month without losing their businesses entirely. They want to operate despite the shutdown order
Confinement in a county, state, or federal facility often create the ideal environment for the transmission of contagious diseases like COVID-19.
Many Philadelphians have accused Krasner of offering “sweet” deals but plea offers aren’t uncommon and are made for many reasons
Our criminal defense law firm represents individuals in Pennsylvania and New Jersey charged with crimes and offenses ranging from simple possession of drugs and narcotics to violent felony crimes such as aggravated assault, robbery and homicide. While the majority of these cases involve representation of adults, our law firm has also represented minors in the […]
Our criminal defense law firm represents individuals charged with driving while intoxicated (DWI) and driving under the influence (DUI) in New Jersey and Pennsylvania. While most people typically associate a DUI/DWI with alcohol, it can also involve legal prescription drugs and as well as illegal drugs and narcotics. Pennsylvania, under Title 75 Section 3802(d) […]
The prosecution will weigh the above mitigating aggravating circumstances and make a determination as to whether there are compelling reasons to justify it
Burlington County authorities have charged two teenagers with aggravated arson which allegedly started wildfires that consumed over 52 acres in Burlington County. At least one remains in custody at the Middlesex County Juvenile Detention Center awaiting his first appearance in Superior Court.
