Blog - Gambone Law

In July 2022, Morant and 17-year-old Joshua Holloway had a physical altercation during a pickup game at Morant’s parents’ home. Holloway filed a lawsuit against Morant for assault and battery.

Why was Karmelo’s Anthony Bail Reduced? What determines bail in Texas, Pennsylvania, and New Jersey?

Bail is often a major issue in criminal cases and obviously very important to a person charged with the crime and his or her family.

Does Karmelo Anthony Have a Self Defense Argument Following the Stabbing Death of Austin Metcalf in Frisco, Texas? How is Self Defense in New Jersey Different from Pennsylvania and Texas

Last week, 17 year old, Karmelo Anthony was charged with 1st Degree Murder following the stabbing death of 16 year old Austin Metcalf. An altercation between Metcalf and Anthony resulted in Antony fatally stabbing Metcalf.

Drug Possession, Use, or Being Under the Influence of Drugs or Narcotics (Controlled Dangerous Substances (CDS)) in New Jersey – Which is a Felony and and What Your Lawyer Must Tell You

New Jersey, like all States, including Pennsylvania, maintains strict laws which target the illegal use and possession of drugs and narcotics which it classifies as controlled dangerous substance (CDS),

What Your Local New Jersey Police Department or State Police Must Show to Deny Your Application for a Firearm Purchaser Identification Card or Permit to Carry in New Jersey

In New Jersey, unlike Pennsylvania, you must obtain proper credentials to even buy a firearm, a separate permit to own a handgun and another permit to carry one; anything else is unlawful possession which carries within it mandatory State Prison following a conviction!

What Every Pennsylvania and New York Driver Needs to Know About New Jersey’s DWI Ignition Interlock Program – It isn’t Optional if You Ever Want to Drive in New Jersey Again!

New Jersey doesn’t have a diversion drunk driving program and the minimum license suspension is 3 months even if you are convicted of the lowest level DWI.

Temporary Involuntary Commitments & Your Right to Own, Possess, or Carry Firearms in Pennsylvania – Is it a lifetime ban?

When a person is involuntarily committed, it does prevent them from owning and carry firearms. This person is thereafter considered a “prohibited person” under federal and state law. Many have asked us, if this prohibition against the ability carry is a lifetime ban or do they have options when they have regained their mental health

Assault on the Track? Did A High School Track Athlete Assault Another Athlete During a Race? Simple vs Aggravated (Felony) Assault – What is the difference?

Recently a Virginia Track Athlete, Alaila Everett, was captured on video allegedly striking another athlete, Kaelen Tucker, with a runner’s baton during a race.

New Jersey Could Make Recreational Marijuana Easier to Obtain Locally – Pennsylvania vs. New Jersey – What is and isn’t legal?

It could become easier to obtain recreational marijuana in the Garden State! In 2021, New Jersey legalized recreational marijuana. The State, however, allowed municipalities to decide if they wanted to participate in the cannabis industry and almost two-thirds of the state’s 564 municipalities voted to “opt out.” This all could change soon! New Jersey State […]

President Trump to Pardon Pete Rose, Baseball Great & Former Philadelphia Phillie – What Everyone Should Know about Presidential Pardons

President Donald Trump has announced that he plans to pardon the late Pete Rose, the all time hit leader in Major League Baseball who remains banned from the Pro Baseball Hall of Fame even in death. Rose was 17 time MLB All Star and on World Series Championships with the Cincinnati Reds and Philadelphia Phillies. Rose played four seasons in Philadelphia and allegedly took the Broad Street Subway to Veterans Stadium everyday.

What Everyone Needs to Know About Reckless Driving, Careless Driving and Unsafe Driving in New Jersey – What is the difference and why it matters

These offenses can be charged in addition to speeding under Sections 39:4-98 and 39:4-97.2. It is also not uncommon that people charged with speeding, reckless, or careless driving in New Jersey will also have to defend the charge of following too closely under 39:4-89 and sometimes even racing on the highway under 39:4-52.

NBA Coach Charged with Assault with a Deadly Weapon – Aggravated vs. Simple Assault – What is the difference?

Recently, Dallas Maverick Assistant coach Darrell Armstrong was arrested and charged with aggravated assault with a deadly weapon. Armstrong allegedly hit a person with handgun and threatened to shoot the person.

Staying Out of Legal Trouble After Snow – Do You Really Have to Shovel & Salt? Can you Save Parking Spots? What Are the 3 Common Crimes that Occur After Snow?

While the latest winter snowstorm of 2025 wasn’t anything for the record books, it is still a great time to discuss your legal obligations what types of crimes occur following winter storms.

Crimes and Offenses Most Likely to Occur During the Eagles Parade in Philadelphia

The Philadelphia Eagles have won the Super Bowl for the second time in the last 8 years and the City is now preparing for its second Championship parade. The City of Philadelphia is expecting over 1 million people to attend this event. In 2018, approximately 1.4 million attended the parade. With these massive crowds, there will be increased police and law enforcement throughout the City.

While events like a Super Bowl parade are an opportunity for the City to come together as fans of this team, it also brings with it increased criminal activity due to large crowds and alcohol

Administrative vs. Judicial Warrants – When Can Federal Agents Enter Private Homes, Businesses and Non-Public Places

While local officials can publicly object to federal agents entering their jurisdictions, they cannot stop them from taking action within their State, County or City.

The 5 Most Common Criminal Offenses After a Super Bowl Win or Loss

The Philadelphia Eagles are in the Super Bowl for the 5th time in their history and with the Philadelphia Phillies appearance in the World Series appearance in 2022, which ended in loss, the City has been represented in 4 Championships in the last 8 years! Despite what appears to be fairly regular appearance in these title games/series, the City historically receives national attention following the games for violence and other criminal behavior, especially if it results in a World Championship or a Super Bowl win followed by a parade!

Fan is short for Fanatic! The 5 Most Common Crimes That Fans Committed in Philadelphia After the Eagles’ NFC Championship Win

The Superbowl is still almost 2 weeks away but the City of Philadelphia has already made national headlines following the Eagles’ NFC Championship win in South Philadelphia where police made multiple arrests. In addition, one fan is on life support after falling from a traffic pole, he attempted to climb.

5 Things Everyone Should Know About Presidential Pardons

Pardons are a hot button issue these days and are always a topic at the end of every Presidential term when a sitting President is leaving office and thereafter ending his political career. Presidents, however, grant pardons throughout their terms and most never receive any press coverage

The Top 5 Crimes that Occur During Snowstorms

The first significant snow storm of 2025 came through last night. Most would think that a snow storms would cause a decrease in criminal activity in Pennsylvania and New Jersey but this simply not always the case.

5 Things to Know about Appealing your PennDOT DUI Chemical Test Refusal Driver’s Licenses Suspension in Pennsylvania – How will PA treat a New Jersey DWI Refusal?

Pennsylvania, like New Jersey, considers anything other than an unqualified, unequivocal assent to the officer’s request as a refusal. The operation of a motor vehicle in Pennsylvania is a privilege subject to conditions

Inevitable Discovery & Police Traffic Stops – What a recent Pennsylvania Superior Court case says about it and why is it important if you’re charged with an gun or drug crime in Pennsylvania!

An inventory search is not as extensive as a search based on a warrant or under sufficient probable cause (warrantless), but it nevertheless will likely discovery most contraband in these situations.

The 4 Most Common Crimes that Occur During the NFL & College Football Playoffs

House parties, events at local bars, tailgate outside the stadium and even the games themselves create situations which could bring potential legal problems for fans that could easily exceed the cost of next year’s season tickets!

What the Snow Can Teach You About Circumstantial Evidence in a Criminal Case

Circumstantial evidence is a critical concept in criminal defense and often one that clients fail to understand. Some clients actually get furious when attorneys try to explain it!

What Are the 3 Levels of Police Contact – Why It Matters If You’re Arrested for an Illegal Gun, Drug or Drunk Driving in New Jersey or Pennsylvania

Not every interaction with police creates a situation where person’s constitutional protections apply.

The Most Common Crimes and Offenses that Occur on New Year’s Eve and Day

Most of these crimes and offenses are misdemeanors and, in some cases, summary offenses as opposed to felony crimes but they could, nevertheless, substantially hinder or derail a professional or academic career.

December 2024 Newsletter

Read our last mailed monthly newsletter of the year – December 2024 edition today! Look out for our weekly E-Update each and every 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 w and our question of the month.

The U.S. Senate Passes First Federal Anti-Hazing Bill – What does it mean for local college students in Pennsylvania and New Jersey? Is Hazing a crime?

Hazing can occur at the high school and the college level but we often see or hear about in the latter. Most of these incidents involve the excessive consumption of alcohol, drugs and even a combination of both. It also appears that most of these incidents involved male clubs or fraternities.

Can You Legally Shoot Down a Drone If It Is Over Your Property in New Jersey?

The Holidays are here for New Jersey and so are the Drones! The reports of drones across the Garden State continue to make national headlines.

The Real Reason Former Philadelphia Eagle Jason Kelce Wasn’t Charged with a Crime in Pennsylvania following a Penn State Incident

his news came despite a video which show Kelce destroying the phone of an alleged unidentified person prior to a Penn State Football game. Further, Kelce even admitted his actions were wrong on national TV

Supreme Court Hears on Manufacturers’ Denied FDA Application for Flavored Vapes – What parents need to know about vaping in New Jersey and Pennsylvania

The current issue before the Court is whether the FDA failed to correctly consider Vape companies’ application, in violation of a Administrative Procedure Act.

Legal vs. Illegal Immigrants – When does a criminal conviction mean likely deportation and when the outcome of a criminal case doesn’t matter

Immigration and Deportation are hot button issues and will likely remain in the news for years and possibly decades. There is obviously a major difference and the law uses the following terms to distinguish the legal status of individuals in this country

College Holiday Break is Coming – The Top 10 Crimes and Offense College Students Commit During Break!

A criminal charge and the possible conviction for a student, especially one in college, can be devastating. It can stand in the way of their ability to obtain internships, get into certain graduate programs and seek employment post-graduation.

Are you traveling through or into New Jersey this Thanksgiving or Holiday Season? What Everyone Needs to Know About Traveling in the Garden State

It is the week before Thanksgiving and many have already made their Holiday travel plans and some of those plans include coming to New Jersey. With that said, New Jersey maintains several laws which often create problems for out-of-state individuals and families.

November 2024 Newsletter

Read our latest mailed monthly newsletter – November 2024 edition today! Look out for our weekly E-Update each and every 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 w and our question of the month.

Drunk Driving Statistics & What You Need to Know Before You Travel This Thanksgiving

There will be more people on the road or in the air during Thanksgiving than practically any other day of the year! If you do plan on getting on the roads this year, here are some important statistics about drunk driving.

Why President Trump’s Indictment and His Entire New York Case Will Be Dismissed

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.

3 Ways to Absolutely Ruin Your 2024 Holidays & New Year

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.

Jason Kelce’s Penn State Incident – Will he be charged? What makes Criminal Mischief a Felony, Misdemeanor or a Summary crime

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.

The Streets of Philadelphia – There have been over 470 hit-and-run accidents and 36 related deaths so far in 2024– What should you do after a vehicle accident in Pennsylvania and New Jersey?

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

The 4 Most Common Crimes and Offense that Could Occur on Election Day in Pennsylvania and New Jersey

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.

What You Must Know About Nebbia (Bail Source) Hearings in Pennsylvania

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

Former NFL QB Jay Cutler Arrested for Drunk Driving with 2 Guns in the Vehicle – What defenses does he have to fight a DUI conviction and why he didn’t need a permit to carry

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.

Do You Have or Soon to Have a Young Driver in Your Home in New Jersey or Pennsylvania – Things that you and they MUST know

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.

Criminal Defense Basics – Do you know the difference between reasonable suspicion and probable cause?

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.

How long can a traffic stop last? What do police need to continue an investigation and search a vehicle following the initial traffic stop

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.

Pennsylvania Legal Update – Supreme Court Rules that Judges are NOT permitted to consider prior arrest without convictions against convicted defendants

The Court specifically stated that an arrest alone is meaningless and irrelevant for sentencing purposes.

What determines the bail amount or no bail in Pennsylvania

Bail is obviously a major concern for someone facing criminal charges because it will determine whether he can remain out of custody pending trial.

How pre- trial release (a.k.a. bail) is determined in New Jersey? If a person is facing a long prison sentence, what factors will a New Jersey Judge use to determine release or detention

If a person is facing a potential long state prison sentence, what factors will a New Jersey Judge use to determine release or detention

Traffic Stops – Pennsylvania vs. New Jersey – What do Police Need to Search Your Vehicle

While Pennsylvania and New Jersey border each other, they have very different laws regarding traffic stops and police searches.

Miami Dolphin Tyreek Hill’s NFL Game Day Arrest – Can you really be arrested and sentenced to jail for reckless driving?

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!

Searches at School – Government Directed vs. School Administrator Directed – Why does it matter?

Criminal Defense, Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes, Illegal Search & Seizure

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.

The 10 Most Common High School Search Scenarios in New Jersey & Pennsylvania – Would a Court find them Constitutional?

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.

Back to School – What Every Parent and Student Must Know About Underage Age Drunk Driving (aka Baby DUI/DWI) in New Jersey and Pennsylvania

While New Jersey and Pennsylvania are now more flexible on drunk drivers offenders, both states maintain zero tolerance for underage drunk driving.

College Life Returns – What every student and parent needs to know about fraternity, sorority, and team “initiation.” When can hazing go too far and lead to criminal charges in New Jersey and Pennsylvania.

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

What You Must Know if You’re Charged with Aggravated or Simple Assault in Pennsylvania

In Pennsylvania, like many jurisdictions, like New Jersey, there are different degrees of assault.

Matthew Perry’s Death Leads to Criminal Charges –What could be the defenses?

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.

What Everyone (Especially Parents) Needs to Know About Electric Bicycles (E-Bikes) in New Jersey and Pennsylvania

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!

3 Things Everyone Needs to Know about the Recent Changes to New Jersey’s DWI (Drunk Driving & Drugged) Laws

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.

How to Dismiss an Indictment in a New Jersey Criminal Court

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

What to Know About Bail if You’re Charged with a Crime in Pennsylvania

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!

July 2024 Newsletter

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.

Alec Baldwin is on trial for Homicide – What is the difference between Murder, Manslaughter, & Involuntary Manslaughter

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

NFL Rookie Khyree Jackson Killed as a Car Passenger – Drunk Driving is suspected – What to know about mandatory minimums state sentences, and DUI/DWI fatality criminal charges

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!

What fireworks are illegal in New Jersey & Pennsylvania? How serious of a crime is illegal sale or possession of them?

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

Plan On Drinking & Driving This July 4th? 5 Things You Need To Know about DUI/DWI In New Jersey & 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.

What we all can learn from Oklahoma State RB’s drunk driving arrest – What did he do right and wrong during the traffic stop?

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

What to learn from Justin Timberlake’s alleged New York drunk driving charge on Long Island – How could he have made his case better from defense standpoint?

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.

June 2024 Newsletter

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!

Jersey Shore Law Update 2024 – Margate will enforce an old ordinance against parents of unsupervised kids past curfew. What has Wildwood Ocean City, Sea Isle & Atlantic City done?

Margate Police will begin to enforce town Ordinance 117-4—Parental Responsibility. This ordinance will permit police to issue tickets to the parents

Jersey Shore Legal Update 2024 – Wildwood bans backpacks after volatile Memorial Day Weekend. What has Ocean City, Sea Isle & Atlantic City done?

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.

What can you learn from Hunter Biden’s federal conviction – Who CAN NOT own or possess a handgun or firearm under federal law? Who is a “prohibited person” in Pennsylvania and New Jersey?

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.

The 5 Most Common Crimes that Occur During Summer Music Concerts & Festivals in Pennsylvania and New Jersey

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!

Teen Charged with Attempted Murder & Aggravated Assault Following Incident on Ocean City, New Jersey Boardwalk

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

President Trump’s Appellate Rights – What is the timeline and what are his defense team’s strongest arguments.

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.

Legal Trouble at the Shore – What Parents and Kids Need to Know About Juvenile Justice in New Jersey

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!

Jury Instructions – One of the most important parts of a criminal trial that most people never ask their criminal defense lawyer about prior to trial.

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 declares a state of emergency due to “civil unrest” – How serious is criminal mischief at the shore? What do parents need to know about local shore town restrictions.

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

Are You Traveling this Summer? What makes an airport security search constitutional?

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!

Injuries, Intent and Class – Pro Golfer Scottie Scheffler – Are injuries the only factor which determines felony (aggravated) assault?

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.

What you need to know about self defense if you’re charged with a violent felony or misdemeanor crime

The critical issue in many of these cases is often self-defense. Self-defense, however, must be brought into trial

May 2024 Newsletter

Section 302 – The Involuntary Commitment Process in Pennsylvania – How long can the county hold you. What happens next under sections 303, 304 and 305?

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.

Pennsylvania Updates Sentencing Guidelines – What you need to know and why they’re important

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.

Dallas Police Won’t Charge Dak Prescott with Sexual Assault but the Case Isn’t Over

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.

5 Ways to Stay Out of Trouble & Stay Safe this Summer

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.

What is the difference between Robbery and Theft? What makes it a misdemeanor or a felony crime?

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

What Everyone Should You Know About Domestic Violence Complaints in Pennsylvania and New Jersey

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.

April 2024 Newsletter

NFL Wide Receiver Rashee Rice Charged With Aggravated Assault By Auto in Texas – How would New Jersey and Pennsylvania handle it?

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.

Kansas City Chief’s WR Rashee Rice is a person of interest in a hit a run accident – What are the 5 most common questions if you run from an accident?

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.

The 10 Most Common Crimes & Offenses Student Commit During Spring Break

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.

What is a “Ghost Gun” and are they legal in Pennsylvania and New Jersey?

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.

Spring Cleaning – Your old handgun or firearm isn’t like your old toaster, TV or furniture. What you need to know before it goes!

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.

What you need to know if you plan on celebrating Saint Patrick’s Day in New Jersey & Pennsylvania

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!

Traveling for Spring Break? What makes the airport security search constitutional in Pennsylvania and New Jersey?

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!

3 Ways to Ruin Your Spring Season in New Jersey or Pennsylvania

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

March 2024 Newsletter

Former NFL Defensive Back, Richard Sherman, Arrested for Drunk Driving – What he could he have done different following his police car stop?

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.

What to know about Careless Driving, Reckless Driving, and Unsafe Operation of a Vehicle in New Jersey – Points, Fines & Surcharges

One of the most common traffic offenses that our firm deals with in New Jersey is reckless driving as well as careless driving.

Montgomery County Pennsylvania 15 year old Charged as an Adult with Murder – What is the difference between murder and manslaughter? Juvenile vs. Adult Charges

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

NBA Player Arrested for Assault of another Player – What is the difference between Simple Assault and Aggravated Assault. How serious is it?

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 Super Bowl spotlighted entitlement, anger, and even domestic violence without a 7 million dollar commercial. Who can file a domestic violence complaint. What evidence is admissible at a trial?

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.

Sentencing in New Jersey – What a judge will consider, must they approve plea agreements and what your defense lawyer needs to argue

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!

February 2024 Newsletter

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

NHL Players Charged with Sexual Assault in London, Ontario – What is defined as Sexual Assault in Canada and what is the burden of proof?

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.

Domestic Violence & Restraining Orders in New Jersey

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).

Juvenile Justice in Pennsylvania – What every parent needs to understand

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.

Alec Baldwin Indicted on Involuntary Manslaughter– What it means and what is the difference between Voluntary and Involuntary Manslaughter

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.

Blizzards & Saving Parking Spots – The 3 Most Common Crimes During Snow Storms

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.

What footprints in the snow can teach you about circumstantial evidence in criminal cases and why everyone should understand it.

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 Top 5 Crimes Committed During Snow in New Jersey & Pennsylvania

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.

5 Ways to Avoid Getting Arrested in New Jersey or Pennsylvania This Weekend

Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes

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.

What Everyone Needs to Know About Mandatory Minimum Consecutive for Unlawful Handgun Possession and Drug Charges in New Jersey

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.

January 2024 Newsletter

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 […]

Sharif Street, Jr. Charged with Simple Assault in Philadelphia at Parker Mayoral Inauguration – What are his defenses and why a criminal diversion program (ARD) is unlikely given his criminal record.

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.

3 Things Your lawyer must tell you about your driver’s license, civil lawsuits and appeals before you plead no contest (nolo contendere)

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.

The 10 Most Common Crimes that Students Commit During Holiday Break

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.

The 4 Most Common Crimes That Occur on New Year’s Eve and Day

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.

Carson Briere Receives Diversion for Criminal Mischief in Erie, PA– He didn’t get special treatment, he won’t have a record, and why his sentence is absolutely appropriate.

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.

Pennsylvania’s New Porch Pirate Law – How porch package theft could now be a felony in Pennsylvania – What makes a theft a felony, misdemeanor or summary offense in Pennsylvania. How does New Jersey go after “Porch Pirates.”

In Pennsylvania, over two million people have been a victim of mail theft with the average value of the package being approximately $43.00.

The Effect of a No Contest (Nolo Contendere) Plea on Civil Liability for Death, Personal Injury & Property Damage

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.

Car Thefts are at a 20 year high in Philadelphia! Over 21,000 vehicles have been stolen in the City in 2023…and there are still over 2 weeks left!

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!

Independent Source Doctrine, Search Warrants & Excluded Evidence – Why a Pennsylvania criminal court may still allow evidence against you despite improper police or prosecution conduct?

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.

December 2023 Newsletter

Hand Gun Sales & Permits to Carry Increase 600% in Philadelphia – What to know about “Straw Purchases,” permits to carry, and reciprocity with New Jersey.

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.

Fox 29’s Bob Kelly’s Attacker Pleads Guilty in Cape May County, NJ for Sea Isle Assault – Probation, county jail or New Jersey state prison?

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.

Warrant Issued for Buffalo Bill Von Miller For Alleged Assault of a Pregnant Woman – What is probable cause for domestic violence and how does a victim’s pregnancy affect the criminal charge?

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

Former WWE Superstar Tammy “Sunny” Sytch Sentenced to 17 Years following fatal DUI in Florida– What to know about serious injury and deadly driving in New Jersey (DUI) and Pennsylvania (DWI)

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.

3 Ways to Absolutely Ruin Your Holidays & New Year

Jim Irsay – A self pro-claimed ‘targeted white billionaire’ …who doesn’t understand his drugged driving case and that his status probably helped him avoid felony drug charges.

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.

Drunk Driving (Driving While Intoxicated-DWI) in New Jersey – A Summary of the Law & Penalties

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.

Did this Sixers’ Kelly Oubre, Jr. make a false report to Philadelphia Police? Is it a crime and how serious is it?

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.

The Top 5 Ways to Ruin Your Thanksgiving Holiday & Black Friday With a Criminal Charge

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.

Plan on Holiday Shopping in New Jersey? Leave your Pennsylvania gun in the Commonwealth!

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.

Philadelphia’s New Mayor wants to call in the National Guard – What State and U.S. Constitution Powers will prevent it?

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.

November 2023 Newsletter

Traveling through New Jersey with your handgun this Holiday season and how did a New York gun case change the law in Jersey

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.

Two Arrested at Philadelphia Airport for Handguns Found in Carry On Bags – What makes an airport security search constitutional in Pennsylvania and New Jersey?

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

Kansas City Chief WR Arrested for Domestic Violence – What to know about domestic violence charges and civil restraining (protection from abuse) orders in Pennsylvania and New Jersey?

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.

Philadelphia Court of Common Pleas Judge Reinstates Murder Charges Against Former Police Officer – Why did the judge overrule the lower court? The difference between preliminary hearings and trials

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.

5 Things to Remember If You Plan on Drinking & Driving During Philadelphia Phillies—Arizona Diamondback’s Game 7

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.

NFL Wide Receiver Arrested for Reckless Driving – What is the difference between careless and reckless driving in New Jersey & Pennsylvania?

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.

No Criminal Sexual Assault Charges for UFC’s Conor McGregor but Can His Accuser File a Civil Lawsuit Like NFL’s Deshaun Watson’s alleged victims?

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 […]

The Perfect Traffic Storm – Phillies’ Baseball Playoffs, Flyers Home Opener & International Soccer all in one night in Philadelphia – 5 Things to Remember About Drinking & Driving During Major Sports Events

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!

Philadelphia Biker’s Bail Charged With Assault – Bail Increased to 4 Million Dollars –What determines your bail in Pennsylvania and what your criminal defense lawyer can do about it

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.

Understanding Murder, Manslaughter and Assault Charges—What is the difference in New Jersey & Pennsylvania?

It is important to understand that within the category of criminal homicide falls murder, voluntary manslaughter, and involuntary manslaughter.

Biker charged with Aggravated Assault and Possession of Instrument of Crime (PIC) in Center City Philadelphia. What is a PIC and what is the difference between Aggravated and Simple assault?

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 Overdoes Skyrocket in Philadelphia & Nationwide – Drug Delivery Resulting in Death Criminal Charge – What is it and what are the defenses?

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.

Over 30 Arrested Following Looting in Philadelphia – Criminal Trespass vs. Burglary—What is the difference?

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.

The 4 Most Common Crimes & Offenses During the Major League Baseball Playoffs

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!

Philadelphia Police Officer Charged With Murder—Bail Revoked—What factors determine bail in Pennsylvania and who is entitled to it?

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.

Alleged Fox Bob Kelly attacker appears in Cape May County Courthouse for Pre-Indictment Conference – What are his defense options and possible sentences if convicted of aggravated assault in New Jersey?

What are his defense options and possible sentences if convicted of aggravated assault in New Jersey

Philadelphia Non-Profit Founder Arrested for Obstruction of Justice & Resisting Arrest for Courtroom Antics.

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.

The 4 Most Common Crimes Committed During the NFL & College Football Season.

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.

NBA’s Houston Rocket, Kevin Porter, Jr., Arrested and Charged with Felony Assault & Strangulation – When do police have probable cause to arrest for domestic violence?

The alleged victim, Kysre Rae Gondrezick, is a WNBA player. She allegedly sustained a fractured neck vertebra and a cut above her right eye.

Does your right against illegal search and self-incrimination apply to your or your kid’s Smartphone, Tablet or Computer’s passcode or passwords?

While homes, storage facilities and vehicles are usually secured with locks or some other physical device, electronic devices are secured with passwords or passcodes.

What Every Driver Needs to Know About Police Vehicle Stops & Searches in New Jersey & Pennsylvania

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.

What are the 3 Types of Constitutional Searches in New Jersey & Pennsylvania Public Schools

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.

Back to School – Locker Searches & Seizure – What parents need to know

Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes

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.

Dallas Cowboy, Sam Williams, Arrested for Unlawful Possession of a Handgun & Controlled Substances – What are his options and the most important issue to his criminal defense?

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

Former NFL Player Robert Quinn Arrested for Following Hit & Run – 5 Common Questions – Hit & Run Accidents- New Jersey & Pennsylvania

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.

Former West Virginia Basketball Coach Enters Diversion Program Following His Drunk Driving Arrest. Is diversion just for DUI/DWI? Is it an option in your criminal case?

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.

Juvenile Justice – Will a Philadelphia teen be prosecuted as an adult for alleged possession of weapons of mass destruction? Who decides and what is the evidentiary standard?

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.

Former Las Vegas Henry Ruggs III- Did his criminal lawyers mismanage his fatal drunk driving case and leave him with no NFL opportunities after his state prison term

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

Philadelphia Fox 29 News’ Bob Kelly Injured in Sea Isle Incident—Alleged Attacker Charged with Assault – What is the difference between aggravated and simple assault?

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.

When can I tell “my side” of the story and who should I tell? New Orleans Saint Alvin Kamara pleads no contest, settles a civil suit, and will meet with NFL commissioner.

New Orleans Saint Alvin Kamara pleads no contest, settles a civil suit, and will meet with NFL commissioner

Hunter Biden’s Plea Deal Falls Apart – What happened? What you need to know about federal plea deals and sentencing

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.

Plan on Drinking this weekend? What you need to know about drinking and driving in New Jersey & Pennsylvania

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

If I own a Shore house in New Jersey, can I keep my Pennsylvania gun in it for my personal protection.

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.

What Everyone Must Know About Private (Citizen) Criminal Complaints in New Jersey & Pennsylvania

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

Former Georgia Staffer Files Her Civil Lawsuit Against Philadelphia Eagle Jalen Carter for Car Accident Injuries – Civil Liability vs. Criminal Culpability

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

Hazing at Northwestern Football? – How fraternity, sorority and even team sport “initiation” requirements can lead to criminal felony charges in New Jersey and Pennsylvania

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.

Driving in New Jersey this Summer – Careless vs. Reckless Driving – The difference could mean your license!

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.

Summer, Smart Phones, and Screen Time – Why every parent needs to talk to their kids about smart phones, social media, and monitor all of their technology, especially during the summer.

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.

What fireworks are illegal in New Jersey & Pennsylvania? How serious of a crime is illegal sale or possession of them?

3 Mistakes to Avoid on July 4th in New Jersey & Pennsylvania

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

Plan On Drinking & Driving This July 4th? 5 Things You Need To Know about DUI/DWI In New Jersey & Pennsylvania

New Jersey DWI (Drunk Driving) Chemical Test (Breathalyzer) Refusal – What are penalties and is there a defense?

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.

Hunter Biden to plead guilty for Taxes and Receive Diversion for Federal Drug Addict Gun Offense – Did he get a good deal and does the judge have to accept it?

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.

NFL Player Arrested for Illegal Handgun Possession at the Airport – Does he have an illegal search and seizure defense?

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?

Pennsylvania Truck Owner Pleads Guilty to Homicide by Vehicle – Why was a non-driver/owner charged with a homicide in Montgomery County, PA?

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.

UFC Fighter Conor McGregor knocks out the Miami Heat Mascot –Assault or Just an Accident?

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.

Former Marine charged with in NYC Subway Homicide – Was it self-defense, defense of others, manslaughter, or murder?

A former US Marine, Daniel Penny, is charged with manslaughter after he allegedly killed a homeless man on the NYC subway.

Pennsylvania State Police Use Deadly Force in Philadelphia -Will the DA’s investigation conclude a justified shooting, manslaughter or Murder? What is the difference?

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.

You aren’t in Pennsylvania! Warrantless Searches & Police Stops – What everyone must know about New Jersey

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.

Ocean City, NJ, “America’s Greatest Family Resort” will close its beaches early this Summer

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!

Jersey Shore Legal Update – Wildwood Bans Alcohol, Atlantic City ends conceal carry, and Sea Isle bans backpack, all due to summer safety concerns.

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 Is Denied Bail Following Capital Murder Charges – What are the factors a criminal court uses to determine bail?

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.

3 Choices that Could Ruin Memorial Day Weekend and Your Summer

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.

Did NBA Star Ja Morant commit a crime with his second social media handgun video? Why doesn’t it matter?

In most states, a handgun carry permit (conceal carry) is required to possess a loaded handgun in public, but in Tennessee

Cease Fire – DEA pumps the brakes on proposed federal rule changes to Telemedicine prescriptions for Testosterone Replacement Therapy (TRT)

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

Do you smell it? Decriminalized recreational Marijuana is a bad idea for Philadelphia!

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.

Former Las Vegas Raider will plead guilty to fatal DUI. Did his lawyers get him a good deal and could he make an NFL comeback like Mike Vick?

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.

Philly Politicos want a tougher “straw purchase” handgun law but Pennsylvania already has a 5 year mandatory sentence.

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!

NY Rifle vs. Bruen- How the U.S. Supreme Court changed New Jersey’s law on conceal carry permits for handguns.

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.

What to know about the new gun laws and civil ordinances at the New Jersey Shore this summer; even if you just received your permit to carry in New Jersey

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.

What can Philadelphia do to fix its gun violence problem?

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.

“Stop & Frisk” is legal in Philadelphia but can the next Mayor really change it?

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.

Is it a war on masculinity or really about health? What men need to know about the proposed Drug Enforcement Agency (DEA) regulation regarding Testosterone Replacement Therapy received and Telemedicine Clinics

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.

The 3 most common crimes committed in Pennsylvania and New Jersey during the Spring

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

Criminal Mischief – The most common criminal charge for young adults in Pennsylvania and New Jersey during the spring and summer months. How serious is it?

It is an extremely broad charge which involves defacing, destroying, or damaging the real or person property of another person.

Spring is here! 8 Things That Everyone Should Know About Drunk/Drugged Driving (DUI) in Pennsylvania

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.

Violence is at a record high in Philadelphia and families are leaving at the fastest pace for the Pennsylvania and New Jersey suburbs since 1977

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 may legalize Marijuana this year; will Pennsylvania follow New Jersey and be next? What you need to know about recreational Marijuana in Pennsylvania and 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.

3 Teens shot in broad daylight on Philadelphia Street with Semi-Automatic Rifles – New Jersey vs. Pennsylvania – How easy is it to buy an semi-automatic rifle?

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 in Pennsylvania – How serious is the charge against Carson Briere and what will likely happen in his case?

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.

How will President Biden’s latest executive order change gun laws in Pennsylvania and New Jersey?

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

Philadelphia Woman Sentenced to New Jersey State Prison for a handgun – How to avoid this situation and travel through Jersey legally with your out of state gun

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.

Former NBA Star Shawn Kemp charged in drive by shooting – Circumstantial vs. Direct Evidence – What is the difference? Does the prosecution need an eyewitness?

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.

What we can learn from the NBA’s Ja Morant gun case. Why technology and social media APPS can land you in real world trouble, not just social media jail

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.

How did jury instructions help convict Alex Murdaugh of a double Murder? What every criminal defendant must know about jury instructions?

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

WWE Wrestler Sonya Deville arrested for Unlawful Possession of a Handgun in Atlantic City. What is the mandatory minimum prison sentence and what are her options?

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.

Top NFL Prospect and Former UGA Football Star, Jalen Carter, Charged with Reckless Driving and Drag Racing – How serious would it be in PA & NJ

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.

Pennsylvania Felony Traffic Crimes & Mandatory Min – Homicide by Vehicle vs. Leaving the Scene of an Accident Involving Death

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.

What every parent must know about the “blackout rage gallon” (BORG), alcohol poisoning, and drunk driving (DUI/DWI) in Pennsylvania and New Jersey

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.

Georgia All-SEC Linebacker arrested for reckless driving and drag racing – What are the penalties for reckless driving in Pennsylvania and New Jersey?

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!

College Basketball Star Darius Miles charged with Murder – How are Alabama’s criminal procedures and gun laws similar Pennsylvania and New Jersey? Are they different?

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

What your criminal defense lawyer must show to obtain a change of venue for your criminal trial?

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.

Gun violence is at a record high in Philadelphia – Can the City, on its own, do anything to control gun violence?

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.

Probation Violation vs. Parole Violation – What is the difference?

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!

What families need to know about New Jersey’s Compassionate Release From State Prison Program

Any person, regardless of their sentence or crime is eligible for compassionate release. To be eligible, however, a person must either have a

Marijuana (Cannabis) Law Update – Will Pennsylvania really legalize a “gateway” drug for recreational purposes?

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.

Why climbing a pole in Philadelphia on Super Bowl Sunday could lead to a felony conviction in Pennsylvania

It is important to understand that in Pennsylvania, there are a number of criminal statutes directed at large gatherings such as the Super Bowl.

The 4 Most Common Crimes That Occur on Superbowl Sunday

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.

Philadelphia Eagle Indicted on Rape Charge – What to know about a grand jury and how would the case be different if he was charged in Pennsylvania

Sills is now on the NFL commissioner’s exempt list is not permitted to participate in team activities including the Superbowl next week

Read Our Monthly Newsletter

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!

What you need to know about illegal deed transfers and tampering with public records in Philadelphia

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!

Woman Charged with Fleeing Lower Merion Police, Resisting Arrest, Driving on a Suspended license and Drug Possession – Could a criminal conviction damage her lawsuit?

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.

When can police “call for a dog” in Pennsylvania and New Jersey

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.

The 4 Most Common Criminal Offenses That Occur During the NFL Playoffs

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.

Alec Baldwin charged with Involuntary Manslaughter – How serious is this criminal charge and could he go to prison?

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.

Drug Delivery Resulting in Death – Federal Government (DOJ) charges Bodybuilding Coach (“Guru”) Ameen Alai

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.

When should your criminal defense lawyer request a line up and are the results admissible?

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.

The Top 5 Ways To Avoid Criminal Problem in 2023

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

“I know they don’t have my fingerprints…I’m ok…right?” Do police and the prosecutor need your fingerprints to charge and convict you with crime 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?

Is “cashless” bail coming to Pennsylvania and will it make Philadelphia even more dangerous? Has it worked in New Jersey?

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.

The Most Common Crimes that occur in Philadelphia on New Year’s Eve and Day

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.

Gambone Law – Our Top 10 Criminal Defense Questions from 2022 in Pennsylvania and New Jersey

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!

The Power of Non-Verbal Communication for you and your lawyer, in and out of the courtroom

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.

The 10 Most Common Crimes and Offenses for Students in Pennsylvania and New Jersey That Occur During Holiday Break

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.

Are you traveling through New Jersey this holiday season? What you need to know to stay out of legal trouble in the Garden State

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.

3 Choices That Will Absolutely Ruin Your Holidays & New Year

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 Statistics You Need This Holiday Season – Don’t be one!

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.

Plain view & Probable Cause – What does this exception mean?

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.

The Most Common Questions About DUI in Pennsylvania During the Holidays

In Pennsylvania, there are actually nine (9) types of DUI charges based on the circumstances surrounding the person’s arrest.

Can you refuse field sobriety test following a DUI/DWI stop?

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.

What parents and kids need to know about Juuling (aka Vaping) in Pennsylvania and New Jersey

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.

Brittney Griner is home but why we should not have an issue with her arrest. It was legal ..even in this country!

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!

What is considered an “instrument of crime” (aka PIC charge) in Pennsylvania

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 […]

What type of illegal “search” does the Constitution NOT protect in Pennsylvania and New Jersey

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.

What you need to know about Philadelphia’s new curfew for kids

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.

Traveling in or just through New Jersey with your handgun or firearm this holiday season and beyond

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.

Police Vehicle Stops and Searches – How is Pennsylvania different from New Jersey?

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.

Drunk Driving (DUI) in Pennsylvania – What you need to know about blood alcohol content, license suspension, jail, and occupational limited licenses

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.

DWI in New Jersey – License suspensions, jail, insurance surcharges and how your bodyfat affects your blood alcohol content (BAC)

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.

Philadelphia’s District Attorney Impeached – What caused it? Why he won’t be removed and do criminal court judges have to accept negotiated plea agreements?

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.

Domestic Violence Charges – Your options and what can a criminal defense lawyer do to help you?

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 Statistics You Need to Know Before You Travel This Thanksgiving

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.

The 8 Most Common Questions About Drunk Driving in Pennsylvania During the Holidays

Criminal Defense, Violent Crimes

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.

Carjacking have increased 500% in Philadelphia since 2019. Is there a mandatory minimum sentence for crime in Pennsylvania?

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!

How serious is theft, robbery, and carjacking in New Jersey? What are the mandatory minimum state prison sentences?

Criminal Defense, Violent Crimes

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.

How serious is a theft, fraud or forgery charge in Pennsylvania. What makes robbery different?

Criminal Defense, Illegal Gun and Firearms Crimes, Illegal Search & Seizure

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!

Rap artist, Tierra Whack, charged with disorderly conduct for alleged loaded handgun in Philadelphia’s airport – How serious is it?

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.

Pretextual Traffic Stop, Racial Profiling, Reasonable Suspicion, and Probable Cause

Criminal Defense, General, Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes, Illegal Search & Seizure

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.

Fall Cleaning – What to know about getting rid of your gun in Pennsylvania and New Jersey

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.

What is inevitable discovery and why is it important if police don’t have probable cause for a search?

Criminal Defense, Drunk Driving & DUI/DWI Defense, Expungements & Record Sealing

Inevitable Discovery is an exception to the illegal search and seizure rule in both Pennsylvania and New Jersey.

Britt Reid Sentenced to State Prison for Felony Drunk Driving– How did the judge come up with 3 years and why didn’t receive more prison time?

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.

4 Things That Should Scare You About Drunk Driving Checkpoints

Criminal Defense, Diversion Programs

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!

Will Michigan State football players face criminal charges for their alleged assault on Michigan Players? Is it a simple or aggravated assault. What is the difference?

Following their 29-7 loss, cameras captured Michigan State football players attacking a Michigan player along with another player.

What is the Felony Murder Rule and what triggers it in Pennsylvania?

Currently, if you’re convicted of felony murder in the Commonwealth, you face a mandatory minimum life sentence.

Drug overdose deaths are at a historic high in Philadelphia. How will it change criminal prosecutions of dealers and addicts?

Deaths involving opioids are actually decreasing, while deaths involving stimulants like cocaine or methamphetamine are increasing.

The 4 most Common Crimes That Will Occur Before, During & After Large Sports Events (like the World Series)

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.

5 Extra Reasons to NOT Drink & Drive (DUI/DWI) During This Baseball Playoff Weekend in Pennsylvania, New Jersey and New York

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.

Who else can give consent to search your home, vehicle, or electronic device without a search warrant? Why it matters and how it could make a big difference in your criminal case

We always advise clients to never or give up waive constitutional rights against illegal search and seizure or self-incrimination.

Does your 5th Amendment Right (self-incrimination) and 4th Amendment Right (illegal search and seizure) apply to your Smartphone’s passcodes and passwords?

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.

5 Reasons to Reject a Plea “Deal” in Pennsylvania and New Jersey

Criminal Defense, Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes

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.

Do criminal bench warrants expire or become invalid after a certain period of time in Pennsylvania or New Jersey?

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.

Are you really eligible for a criminal diversion program for a felony gun charge in Pennsylvania (ARD) or New Jersey (PTI)?

Diversion programs are usually reserved for misdemeanor offenses but not felonies, especially gun crimes. Some people, however, do receive these diversion programs

Why a Court of Common Pleas Judge blocked Philadelphia’s executive order banning guns from city playgrounds and what is the only way to change gun laws in Philadelphia?

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!

Simple Assault – Las Vegas Raider Davante Adams – How serious of a criminal charge is it?

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.

Possession of Marijuana is still a crime and why the law isn’t changing any time soon in Pennsylvania despite Philadelphia’s “decriminalization.”

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.

Could LA Rams’ Bobby Wagner be charged criminally for “flattening” a protestor during a football game on national TV? What charges, if any, will the protester face?

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 Philadelphia Police Officer Held on Murder 1 & 3 Charges – What happens at a preliminary hearing? How important is it? Why do some attorneys advise to waive it.

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.

Bail hearings in New Jersey: What are the factors a criminal court will consider to determine release and how is it different from Pennsylvania?

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.

Philadelphia has more shootings than NYC and LA but a fraction of their populations – Why this City’s latest executive order is just a trespassing ordinance and not a gun violence law.

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!

The 5 most common questions if you run from a vehicle accident scene in Pennsylvania and New Jersey? How serious is it?

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

The 4 Most Common Crimes Following Deadly Vehicle Crashes in New Jersey

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

Former Philadelphia Police Officer Convicted of Voluntary Manslaughter. What is the difference between murder, voluntary manslaughter and involuntary manslaughter in Pennsylvania?

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.

What parents and guardians need to understand about the juvenile justice system in New Jersey

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.

WHAT TO KNOW ABOUT PENNSYLVANIA’S IGNITION INTERLOCK LIMITED DRIVER LICENSE PROGRAM—Who is eligible, what does it cost and how do you apply?

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!

Refusing a drunk driving blood test may not be criminal offense but it can still cause you problem in Pennsylvania and New Jersey

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.

What You Need to Know About Criminal Mischief 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.

5 Things to Remember About Drunk Driving During College & NFL Football Weekends

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.

What Parents and Students Need to Know About Vaping in and out of school in Pennsylvania & New Jersey

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.

BRITT REID’S GUILTY PLEA TO FELONY DWI – Will he go to state prison?

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).

School Bus Passing Laws in Pennsylvania and New Jersey – Fines, Driver’s License Suspensions, and Even Jail

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.

Labor Day Weekend – 5 Things that every person should know if they plan on drinking and driving

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.

Back to School – Fraternities, Sororities, Teams & Clubs – Is Hazing really a crime in Pennsylvania and New Jersey?

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.

What you need to terminate your probation term early in Pennsylvania and New Jersey?

The purpose of probation is to ensure that a person does not engage in behavior which initially put them into trouble.

Probable Cause & Illegal Search & Seizure – What you really need to know about it when you arrested for an illegal gun or drug crime?

To assert a right against an illegal search and seizure, however, a person must have reasonable expectation of privacy in the property searched.

What are No Early Release Act (NERA) crimes in New Jersey and how much state prison time will a convicted person have to serve?

These are mandatory minimums, and the sentencing Judge is not permitted to deviate from them pursuant to New Jersey criminal statute.

The Top Ten Most Common Crimes and Offenses for Students in Pennsylvania and New Jersey

A criminal conviction can hinder a student’s ability to obtain internships, get into certain graduate programs and seek employment post-graduation

What is the difference between criminal trespass and burglary in Pennsylvania and New Jersey?

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 […]

California Rapper “A$AP Rocky” Charged – Assault with a handgun and mandatory minimum sentences. How are New Jersey, Pennsylvania, and California different?

The music artist has pled not guilty to two counts of these assault charges which were allegedly committed with a semi-automatic firearm.

WHAT TO KNOW ABOUT PENNSYLVANIA’S IGNITION INTERLOCK LIMITED DRIVER LICENSE PROGRAM

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.

College Roommates and Constructive Possession – How a school housing situation could create a criminal problem for a college or graduate student

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.

Tennessee Titan LB pleads guilty to assault – What makes it a simple and not an aggravated assault?

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.

The 5th Amendment – It protects you against self-incrimination but maybe not civil liability – Why former President Trump made the right decision and why everyone should do the same exact thing!

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

The Trump Mar-a-Lago (aka “Winter Whitehouse”) Search Warrant: How much (or little) evidence does the Government need to search your home, even if you’re a former President?

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.

Is a polygraph (lie detector) admissible in a New Jersey or Pennsylvania criminal court?

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.

Understanding criminal grand juries and a motion to dismiss an indictment in New Jersey

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

What determines if an attack or a fight is an aggravated or simple assault in New Jersey and Pennsylvania and how to make a self-defense argument.

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 […]

How to argue for your own bail if you can’t hire or don’t have time to hire a criminal defense lawyer in Pennsylvania or New Jersey

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

Due Process: Why the NFL’s appeal of Deshaun Watson’s 6 game suspension will end up in federal court

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.

How to purchase recreational marijuana in New Jersey – What can you buy, how much, and where to buy it. Is possession of Marijuana still a crime?

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

What you need to know about house arrest and how to avoid a violation in Pennsylvania and New Jersey

Expungements & Record Sealing

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.

What you need to know about expungements vs. sealing your criminal record in Pennsylvania

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.

Deshaun Watson –Why the NFL suspended him 6 games but two grand juries didn’t indict with even more evidence and same proof requirements.

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.

Is a pellet (BB aka air rifle) gun a firearm in Pennsylvania; how about New Jersey?

Expungements & Record Sealing

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.

The 5 Most Common Questions about Sealing a Criminal Record in Pennsylvania

Here are the answers to the most common questions that our criminal defense lawyers receive about sealing criminal records in Pennsylvania

Former USA Soccer Goalkeeper Hope Solo – How NOT to handle a Drunk Driving Police Stop

Unlike many criminal offenses, drunk driving is a charge that is very common to a wide variety of occupations and stations in life.

What discovery (evidence) must the District Attorney provide to your criminal defense lawyer – Mandatory vs. Discretionary Discovery in Pennsylvania

The prosecution isn’t obligated to give the defense everything, despite what many people commonly believe about the justice system in Pennsylvania.

What you need to know about driving in Pennsylvania and New Jersey with your Medical Marijuana Card

Illegal Drug & Narcotic Crimes, Illegal Gun and Firearms Crimes, Illegal Search & Seizure

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

What NOT to tell police during a vehicle stop in Pennsylvania or New Jersey

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:

Drunk Driving – New Jersey vs. Pennsylvania – The heat isn’t the only thing that can make summer uncomfortable

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.

The Most Common Underage Drinking Offenses in Pennsylvania – What are the long-term consequences of a criminal conviction

these aren’t serious criminal charges, but nevertheless, could result in the minor having a criminal record which could hinder professional academic advancement.

Pennsylvania Drunk Driving Law Update – Mandatory Consecutive Sentencing & Felony Convictions for Repeat DUI Offenders

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.

Felony Gun Charges Dismissed For Lack of Evidence – What happened at this preliminary hearing 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.

Brittney Griner – Why did she plead guilty to drug charges and what will happen next?

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!

Philadelphia Assault Trial – NOT Guilty – How did we make it happen?

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.

Actual vs. Constructive Possession – Do you understand the difference and why its really important if you’re arrested for an illegal handgun or narcotic in Pennsylvania or New Jersey

At the trial level, our law firm often makes arguments regarding actual vs. constructive possession in criminal cases involving illegal guns and narcotics.

7 latest changes everyone needs to know about New Jersey’s already tough gun laws

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

Is it really unfair or arrogance? Should we really blame the Russians or Brittney Griner for her drug conviction?

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.

U.S. “Legal Experts” should NOT have issue with Brittney Griner’s arrest on drug charges

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!

Do You Plan On Drinking & Driving this 4th of July? 5 Things To Know

Getting on a plane, train or a ship? Why you can’t rely on your constitutional right against illegal search and seizure in a commercial transportation setting

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.

Is it garbage or evidence? Don’t throw away your right against illegal search & seizure

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.

Driving in New Jersey – The 5 Most Common Questions about New Jersey traffic offenses, insurance points, surcharges, and driver license suspensions.

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.

Drunk Driving Chemical Test Refusals – Breathalyzers vs. Blood Draws

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

Brittney Griner – Marijuana is legal in many parts of the U.S. but NOT in Russia. Why this WNBA player is going to spend the next 5-10 years in a Russia prison…unless the U.S. government cuts a deal ASAP

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.

Marijuana – Pennsylvania vs. New Jersey – What is and isn’t legal!

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.

How The U.S. Supreme Court’s decision on New York’s permit to carry law will change New Jersey’s conceal carry handgun permit law

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.

U.S. Supreme Court (6-3) Ends Time New York’s Permit to Carry Handgun Law – Is New Jersey Next and how is Pennsylvania different

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.

Philadelphia will change the curfew law to allegedly protect kids but it may not change the city’s spiking crime rate

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

5 Things Everyone Should Know About New Jersey’s Medical Marijuana (Cannabis) Program

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.

Yes! Recreational Marijuana is legal in New Jersey – Who can purchase and sell it, what can you buy, where can you get and how much can you get?

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.

Pennsylvania and Marijuana – It is still illegal and you probably still can’t get it from your doctor? State Law vs. Local Decriminalization

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.

Henry Ruggs – Former NFL Player’s Lawyer File Motion to Suppress Blood Alcohol Concentration (BAC) Evidence Following Fatal Accident

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 Top 3 Questions About Qualified Immunity & Police Misconduct

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

Should we end Qualified Immunity for government workers and police officers?

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.

Weapons and military equipment for army, Assault rifle gun (M4A1

Is it easier to buy an assault rifle and carry a handgun in Pennsylvania or Texas? How is New Jersey different?

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

What is Due Process and what are the different type of claims?

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).

Is it legal to record voice communications in Pennsylvania and New Jersey? Are Emails, Texts & Voice Messages different?

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.

Philadelphia…where they won’t give you a plastic bag, and maybe not a traffic ticket either. Does Philadelphia really need a plastic bag ban or a Drivers’ Equity Law?

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

How to speak or not speak to police in Pennsylvania and New Jersey

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.

Juvenile Court Judge Gavel Justice System 3d Render Illustration

How to help your teen or young adult from creating the wrong memories this summer

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: Temporary Restraining Orders (TRO) vs. Final Restraining Orders (FRO)

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).

Do You Plan On Drinking & Driving Memorial Day Weekend? 5 Things To Know

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

6 Things Everyone Must Understand About Pre-Trial Discovery in Pennsylvania and New Jersey

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

3 Ways to Ruin Your Memorial Day Weekend and Summer

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.

Philadelphia, USA. June 23, 2018. Police car with lights waiting for traffic lights

Murder vs. Manslaughter – Former Philadelphia Officer Charged With 1st, 3rd degree Murder & Manslaughter

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.

Fun german shepherd dog - 3D Illustration

Drug Dog Searches & Narcotics – When can police use them at a traffic stop in Pennsylvania and New Jersey?

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

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 Cleaning – What you need to know before you sell or transfer your handgun or firearm in Pennsylvania or New Jersey

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 […]

What you need to know about police stops in New Jersey: What is probable cause to stop?

In New Jersey, like Pennsylvania, the prosecution doesn’t need to prove an actual traffic violation to justify a traffic stop.

at the 86th Annual Academy Awards Arrivals, Hollywood & Highland, Hollywood, CA 03-02-14

Simple Assault vs. Aggravated Assault – Why local authorities didn’t need Chris Rock to press charges to take criminal action against Will Smith

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

Witness Availability, Hearsay Evidence & Trial

In most cases, these witnesses can provide crucial testimony to either the prosecution or the defense.

What should you do if police come to your house or your work with an arrest warrant?

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.

Single black fingerprint - simple monochrome image

They didn’t find my fingerprints on that gun, how can they still charge and convict me with that crime?

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.

Happy St. Patrick’s Day – Enjoy it responsibly! What to know about dram shop liability, social host liability and Drunk Driving charges

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.

Spring is coming and pretextual vehicle traffic stops will increase…except in Philadelphia

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.

Grand Jury Clears NFL QB Deshaun Watson – How do Pennsylvania and New Jersey use Grand Juries in Criminal Proceedings?

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

Is your Act 235 certificate a substitute for a concealed carry permit in Pennsylvania? The most common questions about Act 235.

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.

The Top 20 Questions about Guns and Firearms in New Jersey

Our criminal defense law firm, with offices in strives to provide information that will provide immediate value for our clients.

The Top 4 Ways New Jersey is Different from Pennsylvania on Handguns and Firearms

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’s Driver’s Equity law bans police pre-textual traffic stops – What does it mean and why it won’t likely make a difference.

Philadelphia is the first major city in the United States to ban police stops for low-level traffic offenses.

Your Medical Marijuana Card is NOT a Defense to Driving Under the Influence (DUI) in Pennsylvania or Driving While Intoxicated (DWI) in New Jersey

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.

What to know about Philadelphia’s Administrative Accelerated Rehabilitative Disposition (ARD) Program and the Most Common ARD Eligible Crimes & Offenses

An arrest, however, doesn’t necessarily mean a lifelong criminal conviction, even if the evidence is overwhelming.

What you need to know about the illegal sale and transfer of guns and firearms in Pennsylvania

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.

The 3 types of police interactions and why speaking to police will never help your criminal case

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.

How does the parole system work in New Jersey?

To calculate a person’s parole eligibility it’s important to keep in mind several factors. These factors are as follows:

Understanding the Pardon Process in Pennsylvania – Common Client Questions

There are no minimum eligibility requirements for a pardon application and a board will review each application on a case by case basis.

NFL Free Agent Adrian Peterson Charged With Domestic Violence – What are domestic violence statutes?

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

What You Need To Know About Guns, Drugs & Drunk Driving in New Jersey

Stop & Frisk in New Jersey – What makes it constitutional?

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

Controlled Dangerous Substance Gambone Law

Does your prescription pill bottle give police probable cause to search your vehicle?

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

Canine Searches – How can police establish probable cause with a dog

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

Unavailable Witnesses, Hearsay, & the Exceptions

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

The 5 Numbers Most People Don’t Understand about DUI Breathalyzers

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 […]

Vehicle vs. Pedestrian (Stop & Frisk) Searches – What Evidence Do Police Need?

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.

Is there an expectation of privacy in a rented or borrowed vehicle?

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.

How a Police Traffic Stop for a Bad Taillight Can Ruin More Than Just Your Weekend in Pennsylvania or New Jersey

The purpose of the inspection requirement in states like Pennsylvania and New Jersey is to ensure the car’s safety for the road.

Drug Delivery Resulting in Death – What the prosecution doesn’t need to prove to convict you of it

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.

Understanding the New Jersey AG’s Directive Revising Statewide Guidelines – Waiver of Mandatory Minimum Sentences in Non-Violent Drug Cases

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.

Warrantless Searches & Police Stops in New Jersey

All warrantless searches in New Jersey are presumed unconstitutional but it is a rebuttable presumption which the State can overcome.

Purpose – What You Need To Know About Guns, Drugs & Drunk Driving in New Jersey

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 […]

How to Reopen Pre-Trial Detention Proceeding in New Jersey

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.

What You Need to Know about Grand Juries in New Jersey

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.

5 Ways to Avoid a Criminal Charge in Pennsylvania or New Jersey

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.

What is criminal conspiracy and what is needed to prove it

A person is guilty of criminal conspiracy if he or she acts with another person with the intent to commit a crime.

The Top 5 Crimes That Occur During Snowstorms in Pennsylvania & New Jersey

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!

The holidays are over and its back to school – Want to lose your license fast? Go around that school bus in PA or NJ

New Jersey, like Pennsylvania, the law is very similar with regards to passing school buses while the red flashing lights are activated.

The smell of Marijuana isn’t enough to search a car in Pennsylvania but the Supreme Court says police can still use it.

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 […]

10 Things to do if you’re stopped for DUI/DWI after that New Year Eve/Day Party

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 […]

Happy New Year – The 4 Most Common Crimes & Offenses That Happen During New Year’s Eve and Day

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 […]

Gambone Law – Holiday Newsletter Edition 2021

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 […]

What you need to know before you go over the river and through the woods with your handgun or firearm this Christmas and New Year’s party

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 […]

What to know about motions to suppress evidence in New Jersey and how it’s different from Pennsylvania

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 […]

Are Philadelphia small businesses required to let “vaccination inspectors” into their establishments to verify patrons and employees’ vaccination status?

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 […]

Everything you need to know about bail in New Jersey and how a prosecutor can keep you behind bars until trial

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 […]

What Everyone Must Know About Search Warrants (and the 18 exceptions to them) in Pennsylvania and New Jersey

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 […]

6 Things You Must Understand About Your Pre- Trial Discovery If You’re Charged With a Crime

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

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 […]

What is Involuntary Manslaughter and why did prosecutors charge Michigan school shooter’s parents with this crime?

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 VETOES CONCEALED GUN CARRY BILL

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 […]

DWI Checkpoint Holiday Crackdown in New Jersey – Were you stopped and arrested?

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 […]

Recent Drunk Driving Checkpoint Crackdown in the Philadelphia Metro Area – Were you stopped?

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 […]

Holiday & Christmas Parties – Does social host criminal and civil liability only apply to restaurants and bars?

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 […]

Headed over the bridge this holiday season? The States that won’t honor your Pennsylvania license to carry permit?

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 […]

Drunk Driving & Your Holiday Season – What you need to know about field sobriety testing, your alcohol tolerance, impairment and the drunk driving legal limit

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 […]

5 Ways to Ruin Your Thanksgiving & Black Friday

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 […]

What is Honest Services Fraud, what type of sentence could Dougherty and Henon receive, and why they will appeal their convictions

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 […]

3 Things you need to understand about illegal drug and narcotic charges in Pennsylvania and New Jersey

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 […]

Why being “Super” isn’t enough now or in 2022!

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 […]

Henry Ruggs’ Blood Evidence – Could cross interference affect the prosecution’s case against him?

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 […]

Will the City’s “Driving Equality Law” decrease prosecutions of illegal guns, narcotics and drugs in Philadelphia?

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. […]

The Henry Ruggs Case—Understanding the elements of Drunk Driving Resulting in Death & Blood Evidence

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 […]

Your Reasonable Expectation of Privacy: Your Right Against Illegal Search & Seizure – Borrowed Vehicle

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 […]

ALEC BALDWIN – MURDER, MANSLAUGHTER, AND INVOLUNTARY MANSLAUGHTER

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

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 […]

Police search and seizure of those on probation or parole? Does the law in Pennsylvania treat them different?

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 […]

Understanding Domestic Violence Allegations – Pennsylvania and New Jersey

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 […]

Smart Phone, Teens & Texts- How one bad text could make you a sex offender

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 […]

Consciousness of Guilt and how it could become an issue in the Gabby Petito homicide

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 […]

Federal Sentencing Explained – Former NFL Players Plead Guilty to Insurance Fraud

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 […]

What are your speedy trial rights in New Jersey and what are the exceptions?

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 […]

What types of searches are only constitutional in schools?

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 […]

A group of students having fun with smartphones after class.

Its Back to School! What parents need to know about police searches and their children’s constitutional rights on school grounds in Pennsylvania and New Jersey.

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 […]

What is an assault weapon and who can legally possess them in Pennsylvania or New Jersey?

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 […]

Drunk Driving Felony Charges – What makes a DUI/DWI more serious in Pennsylvania and New Jersey

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. […]

Rental Cars and Your Expectation of Privacy Against a Police Search & Seizure – Does the law treat rental cars and your own vehicle the same?

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 – Why it matters

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 […]

Gyms, Cross Fit, & Fitness Studios – Limiting Trainer & Owner Liability – Background Checks

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 […]

SELF-DEFENSE – DEADLY FORCE- NEW JERSEY VS PENNSYLVANIA

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) ELIGIBILITY IN NEW JERSEY

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 […]

The 4 Most Common Questions About Handguns in Pennsylvania

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 […]

What you need to know this summer and beyond about warrantless vehicle searches in Pennsylvania and New Jersey

Criminal Defense, Illegal Drug & Narcotic Crimes

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: […]

3 Choices That Will Ruin Your Summer

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 […]

Why crimes spike during summer?

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. […]

Almost 95% of criminal cases plead, if you are thinking about it, here are 10 factors which could make you want to go to trial!

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 […]

How to get a permit to carry a handgun in New Jersey

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 […]

Underage Drinking & Drunk Driving – Zero Tolerance in Pennsylvania and New Jersey

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 […]

6 Steps if stopped for Drunk Driving in Pennsylvania or New Jersey

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 […]

Why being “Super” just isn’t enough in 2021

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 […]

Police Traffic Stops – Your constitutional rights, responsibilities and what to do if you’re arrested

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, […]

The End of the Masks and The Start of the Memorial Day Weekend – New Jersey DWI Basics

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 […]

My Top 5 Criminal Defense Tips for Summer 2023

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. […]

Sentencing Guidelines – How do judges sentence convicted persons in Pennsylvania and New Jersey?

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 […]

Understanding Aggravated Assault and Attempted Murder Charges

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 […]

Criminal Homicide: Murder, Felony Murder, Manslaughter – What is the difference?

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 […]

Probable Cause & The Smell of Marijuana – Is it enough for a police search?

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 […]

Does your lawyer have a plan for your preliminary hearing?

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 […]

The Most Common Client Questions About Sentencing

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 […]

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The 4 most common questions about illegal drug and narcotic charges

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 […]

Medical Marijuana, DUI, and Your Pennsylvania Driver’s License

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 […]

Gun Rights: Pennsylvania vs. New Jersey

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 […]

The 5 Most Common Charges for Rioters and Protestors Regardless of the Reason

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 […]

Britt Reid – DUI and Vehicle Accidents – What are the possible criminal charges?

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, […]

What to know about circumstantial evidence and why it matters in a criminal case

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 Top 5 Crimes Committed During Snowstorms in Pennsylvania and New Jersey

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 […]

Saving Spots & Snow Storms – The 3 Most Common Crimes

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

Police Vehicle Stops – How Long Is Too Long and Why It Matters If You’re Arrested?

Reasonable suspicion is based not only on the officer’s observations but his knowledge and length of experience in his position

Controlled Substances & Classes – Why the type of drug matters in a criminal prosecution

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 […]

What to know about drugs and New Jersey: Definitions & Degrees

Like Pennsylvania, New Jersey doesn’t treat all narcotics the same way. Controlled substances are classified according to five schedules

Probable Cause vs. Reasonable Suspicion

The terms are often used interchangeably but they are different. Criminal charges are the result of investigations.

New Jersey & Guns – What is the Graves Act why everyone needs to know about it

New Jersey has some of the nation’s toughest gun laws regarding the unlawful possession of a handgun or firearm.

Who is a “prohibited person” under Section 6105 under Pennsylvania’s gun law?

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

What to do if you were arrested for DUI/DWI on New Year’s Eve

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), […]

What to do if you’re stopped for drunk driving New Year’s Eve

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 […]

Happy 2021 – The Most Common Crimes During New Year (even this year)

While most of us, aren’t going anywhere this year because of restrictions, even small celebrations can cause potential criminal problems.

Police Warrantless Searches are once again illegal in Pennsylvania

Once again The Pennsylvania Constitution offers greater protections against warrantless searches than the United States Constitution.

Traveling over the river and through the woods? States that will honor your concealed carry this Christmas and beyond!

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 […]

3 Legal Mistakes That Will Ruin Your Holidays And New Year

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

Chairs & Saving Parking Spots – The 3 Most Common Crimes

The 3 most common criminal offenses related to “saving spots” during winter snowstorms

What You Need to Know about Guns – Pennsylvania vs. New Jersey

New Jersey and Pennsylvania have dramatically different laws regarding handguns and firearms

Possession of Controlled Dangerous Substance (CDS) in a Motor Vehicle in New Jersey

One of the lesser known consequences of a controlled dangerous substance offense (CDS) is the potential for a driver’s license suspension.

Drunk Driving & Field Sobriety Testing – What you need to know

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.

Winter is coming….how to avoid criminal problems during this Christmas and holiday season

While New Jersey and Pennsylvania have restricted indoor and outdoor gathering, many will ignore executive orders to stay home this Christmas and holiday season.

Drug Delivery Resulting in Death – What are the defenses?

The majority of drug induced homicide cases don’t involve traditional drug dealers but rather friends of the overdosed decedent.

New Jersey’s Reformed Compassionate Release Program For Inmates

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.

Fall Clean Up – What to know before you sell, give away or throw out your old handgun or rifle

If you’ve decided to get rid of a handgun or firearm its important that you do so in the proper manner.

Understanding the Felony Murder Rule, Protests, and Riots in Pennsylvania

If police or civilians were killed during these riots in Philadelphia which often involve robberies and burglaries the felony murder rule would apply here.

Moving Day Circled Calendar Important Date Reminder

Moving or traveling with your gun without license to carry in Pennsylvania or New Jersey

Transporting guns and firearms isn’t like moving other household items or personal belongings

Pennsylvania Guns, Firearms & Preemption

Philadelphia officials have argued that these preemption laws are creating dangerous situations

New Jersey Municipal Courts – What type and how many cases do they hear?

On average, New Jersey’s municipal court adjudicates over 6 million cases per year. While 5 million of these cases involve

USA - 2nd Annual Sports Humanitarian Of The Year Awards - Los Angeles

The Scope of Search Warrants – Robert Kraft

The Florida court ruled that police failed to ensure that the video minimized the intrusion on non-criminal activity

Probable Cause, Detention & Video Evidence in New Jersey

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 […]

School Searches – What parents need to know

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 […]

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The Electric Scooter – DWI/DUI – Is it a “vehicle?”

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.

Underage Drinking and Driving In New Jersey – Is it a DWI and does it matter?

In New Jersey, if an underage driver’s BAC is .01 or more, but less than .08, then license suspension is

Probable Cause, Vehicle Stops, & Drug Odor (Smell)

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.

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New Jersey DWI Refusal

If you choose to refuse, the police officer will not exert any force to compel you to take the test

You didn’t listen to your lawyer and you spoke to police but there is still hope!

If you do speak to police and then later attempt to challenge the admissibility of that statement, keep in mind that most courts

Convictions That Can Result In Your Concealed Carry Being Revoked

The Commonwealth of Pennsylvania is what is known as a ‘shall issue’ state for concealed carry licenses.

Moving to New Jersey with your Pennsylvania Gun

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

Drug Delivery Resulting in Death in Pennsylvania – Why the Prosecution Doesn’t Need to Prove an Intentional Killing

This is a unique charge as it does not require the Commonwealth to establish an intentional killing beyond a reasonable doubt!

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New Jersey & Search Warrants

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.

The 5 Most Common Criminal Charges for Philadelphia Protestors, Defenders, & Rioters

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.

Self Defense & The Duty to Retreat in Pennsylvania

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

Rioting and Failure to Disperse in Pennsylvania & New Jersey

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 […]

Understanding Brimage For Drug Crimes In New Jersey

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.

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Social Distancing – How It Temporarily Changes Our Rights & What Could Happen

A gathering by itself allows police to investigate the group meeting and possibly even issue a citation.

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Spring Cleaning – Before You Sell or Give Away Your Old Handgun or Rifle

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.

Is a business required to open its door during the COVID shutdown if the local, state or federal government knocks on it?

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

COVID-19, REDUCED BAIL & LIFTING PROBATION DETAINERS FOR MEDICAL REASONS

Confinement in a county, state, or federal facility often create the ideal environment for the transmission of contagious diseases like COVID-19.

Is Philly DA really ignoring crime or refusing to prosecute it?

Many Philadelphians have accused Krasner of offering “sweet” deals but plea offers aren’t uncommon and are made for many reasons

Juvenile Justice – How to help your teen or young adult from creating the wrong summer memories

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 […]

Drugged Driving Defense, Tolerance, and Impairment

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) […]

Pre-Trial Intervention (Pennsylvania Gun in New Jersey)

The prosecution will weigh the above mitigating aggravating circumstances and make a determination as to whether there are compelling reasons to justify it

What You Need to Know to Stay out of Legal Trouble on Saint Patrick’s Day in New Jersey and Pennsylvania