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.
- Criminal Defense
- Diversion Programs
- Drunk Driving & DUI/DWI Defense
- Expungements & Record Sealing
- Illegal Drug & Narcotic Crimes
- Illegal Gun and Firearms Crimes
- Illegal Search & Seizure
- Legal Marketing
- Radio Podcasts
- Violent Crimes
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.
You should never plead guilty to something you didn’t do! You have the right to fight these charges in a criminal and civil courtroom
Drunk driving is one of the leading causes of traffic deaths in America, with drunk drivers causing 32 deaths a day according to the United States Department of Transportation. In 2020, the death toll from drunk driving was a staggering 11,654, which was a 14 percent increase from 2019. Driving under the influence (DUI) is a major problem in many states, including Pennsylvania and New Jersey. It costs the nation over $44 billion annually.
The holiday season officially begins next week with Thanksgiving. These are the 8 most common questions than our law firm receives from clients and their families during the holiday season.
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?
It is important to understand that a theft charge in New Jersey can range from a disorderly persons offense to an indictable crime of the second, third or fourth degree depending on the value of item in question. In addition, a theft which involves force is considered a robbery and in some cases, carjacking, if it involves a car or motor vehicle.
a theft charge in Pennsylvania can range from a summary offense to a much more common misdemeanor offense and even a felony charge in some cases!
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.
Racial profiling is an issue which a criminal defense attorney may sometimes need to address if he or she is representing a member of a minority group such as African American, Hispanic, Asian, or a Native American person.
A handgun is obviously a dangerous piece of equipment, which unlike most household items is highly regulated and subject to many state and federal laws which include mandatory minimum state prison sentences in some cases.
What is inevitable discovery and why is it important if police don’t have probable cause for a search?
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.
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.
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.
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!
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
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.
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.
This is an extremely broad criminal charge and involves the defacing, destroying, or damaging of real or personal property of another.
Many use the time to tailgate in parking lots or to host parties, which culminate in an end of season Super Bowl events. While these events are often memorable, the frequently lead to the drinking and driving.
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.
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.
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.
Hazing is a crime in 44 states including Pennsylvania and New Jersey! How school fraternity and sorority initiation “requirements” can lead to criminal felony charges for your college student
The start of a new school year brings opportunities to make new friends and form new relationships. Many college students want to join clubs which have informal “hazing” rules which require them to perform tasks or other often embarrassing events.
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.
A criminal conviction can hinder a student’s ability to obtain internships, get into certain graduate programs and seek employment post-graduation
Our criminal defense law firm represents individuals arrested and charged with felony and misdemeanor offenses in Pennsylvania and New Jersey. Frequently, we handle cases involving trespassing along with the felony charge of burglary. While terms trespassing and burglary sometimes used together, there is a substantial difference between these two criminal charges in Pennsylvania and New […]
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.
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.
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.
It is important to understand that a polygraph is not actually a lie detector test but evaluates a person’s physical responses to questions. The machine makes its determination based on these physical presentations and not anything within a person’s mind.
New Jersey, unlike Pennsylvania, maintains an indictment system under its crimes code. The Garden State is one of 23 jurisdictions that exclusively employs this type of criminal prosecution
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
House arrest is a good option for many clients as it allows the person to stay out of jail and, in many cases, continue to earn income for their families.
The goal for any client and their family is to mitigate the long-term consequences of the conviction so that they can move forward with their life with the least possible hinderances toward the advancement.
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.
We frequently receive questions regarding guns and firearms. In addition, we also receive questions regarding what is and isn’t considered a firearm or gun in Pennsylvania and New Jersey.
Here are the answers to the most common questions that our criminal defense lawyers receive about sealing criminal records in Pennsylvania
Unlike many criminal offenses, drunk driving is a charge that is very common to a wide variety of occupations and stations in life.
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.
Despite legalization in States like New Jersey and decriminalization in States like Pennsylvania, medical marijuana remains a controlled substance and still classified as a Schedule I drug
Here are some common questions and phrases police officers ask to investigate and collect information which could lead to a vehicle search or a search warrant:
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.
Sports analyst, NBA, WBNA players and coaches along with talk show host have submitted that Griner pled guilty to expedite her way back to the United States. This, however, is simply wrong, not true and demonstrates the misunderstanding of the legal process or strategy!
Our criminal defense law firm recently represented a single mother charged with simple assault, possession of an instrument of a crime (PIC), and recklessly endangering another person (REAP) in Philadelphia, PA.
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.
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.
While legal experts have alleged that the Russian proceeding are a “show trial”; Griner would have few, if any, real defenses to these criminal charges under the U.S. constitution either!
While it is our sincere hope that you and your family will enjoy this and all holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
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.
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.
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.
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
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 recent police misconduct cases in major cities, like Philadelphia, have raised questions about qualified immunity. Every case is different but we often receive very similar questions from families. Here are my answers to the top 3 questions regarding qualified immunity
Qualified Immunity shields all government workers from civil lawsuits arising from constitutional right violations. Some believe that Ending qualified immunity is the best solution for both law enforcement and the general public.
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
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
We always tell readers and clients to respect police and law enforcement but to never give consent to search their vehicle, their home or property. In addition to not giving consent to search, a person should never speak to police without a lawyer present.
While the majority of these cases involve representation of adults, our law firm has also represented minors in the juvenile justice system in Pennsylvania and New Jersey. The goal of the juvenile system is supervision, care, and rehabilitation to ensure that the community in general is kept safe from harm, the perpetrator takes responsibility for his or her actions, and finally, to teach skills to allow the youth to become a productive member of society.
New Jersey, like Pennsylvania, maintains laws to protect domestic violence victims. These are temporary (emergency) court orders and often final orders which prohibit the abuser from having any contact with the victim. They are often abused for other motives against domestic partners. In New Jersey there are 2 types of restraining orders: a temporary restraining order (TRO) and a final restraining order (FRO).
There is an increased local and state police presence on all major highways during national holidays
One of the first things that clients ask about is “my discovery” but most don’t understand what the discovery must contain and when they’re actually entitled to it! You hire a criminal defense lawyer not only to be your advocate in court but also to advise you about your rights under the law
During the summer, it is common for people to host parties and barbecues at their homes for friends and family. While these are often casual events, the law doesn’t distinguish between a formal affair held at your home and one where persons are sitting around a fire pit in your backyard wearing jeans, sandals or bathing suits. In Pennsylvania, social host liability applies to adults who serve alcohol to minors. Adults are responsible for the consequences of their own drinking but minors are the exception. New Jersey however doesn’t limit lawsuits to minors, but also allows adults to bring claims against social hosts if these individuals leave an event clearly intoxicated.
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.
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? 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 […]
In New Jersey, like Pennsylvania, the prosecution doesn’t need to prove an actual traffic violation to justify a traffic stop.
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
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.
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.
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.
Our criminal defense law firm, with offices in strives to provide information that will provide immediate value for our clients.
While the majority of Pennsylvania illegal gun and firearm crimes do not trigger mandatory minimum state prison sentences, New Jersey maintains several mandatory minimum state sentences for the illegal possession and use of guns and firearms.
Philadelphia’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.
Everyone is looking for a shortcut to make life easier. Short cuts, however, should never involve the transfer, purchase or sale of a gun or firearm.
There is no exact amount of time in which an officer must complete an investigation, it is important to always remain silent and not allow police to search your vehicle or your person. Never give consent to search! Don’t volunteer any information and don’t elaborate or attempt to engage the officer in a conversation since this will only extend the investigation.
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
New Jersey judges and not juries decide these issues as they are pre-trial and not trial issues. If your criminal defense lawyer doesn’t file the necessary motions to exclude evidence, you will lose your right to argue this issue
Many people travel with their prescriptions and it’s not uncommon to see people consuming or swallowing pills and other medications in their car. Always keep in mind that the search of a car or vehicle is much different than the search of a home
The search of a person’s person is much more intrusive than the search of their property. This type of search therefore requires probable cause
There are situations where a person can’t come to court because they have passed away, have taken ill or have simply “disappeared.” The court, however, may find that a witness’s statements are non-testimonial and either the defense or prosecution may offer such statements for their effect
Our criminal defense law firm represents persons charged with drug driving in Pennsylvania (DUI) and New Jersey (DWI). Initially, our defense often focuses on what occurred prior to our client’s arrest. While this tactic is appropriate and sometimes effective, our legal analysis doesn’t stop there. Focusing on what occurs before the arrest forms the basis […]
Cases come to our law firm in different ways but the majority begin following a vehicle or pedestrian search where police discover or uncover evidence of crimes in the form of illegal guns, narcotics, firearms or a handgun.
While the majority of US household, especially ones with working professionals own or lease 2 or more cars, many of us will have to rent or borrow a car at some point in our lives.
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.
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.
The purpose of this book is to provide you with a broad understanding of criminal justice and criminal defense in New Jersey. While most of the concepts and terms focus on matters within New Jersey, the core principles are applicable to other state jurisdictions as well as the federal criminal justice system. I have committed […]
New Jersey bail system, unlike Pennsylvania’s system isn’t based on money but on risk factors to determine if a person should be held in custody prior to trial.
An indictment isn’t a finding of guilt, but rather that enough evidence exists for a person to stand trial on a charge, otherwise known as an “indictable crime” within the Garden State.
I often represent people who have no criminal history who are simply in the wrong place at the wrong time or simply don’t exercise proper judgment.
A person is guilty of criminal conspiracy if he or she acts with another person with the intent to commit a crime.
While some are home from work or school, there are many businesses like bars, restaurants and even the malls and casinos in New Jersey and Pennsylvania that are open all of which create possible legal trouble for those with time off!
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 […]
2022 is almost here but being charged with drunk driving in Pennsylvania or New Jersey, however, isn’t the way to end the year and start the new one! An arrest and a conviction for drunk driving will make your life very complicated in 2022 as it will result in legal fees, a drivers’ license suspension […]
2021 is coming to an end and despite restrictions, many are still attending New Year’s Eve and New Year’s Day parties in New Jersey, Philadelphia, and its surrounding counties of Bucks, Chester, Delaware and Montgomery Pennsylvania. Regardless if you’re celebrating the New Year in Pennsylvania or New Jersey, it’s important to understand that too much celebration […]
I can’t believe the 2021 is almost over! Our law firm, like so many professional services companies, has overcome a number of obstacles this year. I am so proud of the work we have done for our clients and their families and we look forward to an even better results in 2022! This year, we […]
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 […]
Our law firm practices criminal defense in New Jersey and Pennsylvania and one of the critical concepts that we review with clients is an understanding of their pre-trial discovery along with the rules that apply with it. One of the first things that clients ask about is “my discovery” but most don’t understand what the […]
Consciousness of Guilt – Why running from police always makes your criminal case worse Recently, the Philadelphia District Attorney’s Office asked the Pennsylvania Supreme Court to find that part of the Pennsylvania law governing when police can use deadly force as unconstitutional. Prosecutors have argued that the portion of the law which allows officer to […]
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 Tom Wolf recently vetoed a bill passed in the Pennsylvania Senate which would have allowed lawful gun owners to conceal carry and open carry within the Commonwealth without a permit. Currently, Pennsylvania prohibits concealed carry unless the owner obtains a permit from either the chief of police in Philadelphia County or his/her equivalent […]
During the Thanksgiving holiday and following Black Friday weekend there were numerous DUI roadblocks throughout New Jersey. Here is the link to all recent DUI roadblocks in the New Jersey area: Recent New Jersey DUI Checkpoints – November 2021 / Recent NJ DWI Checkpoints – Page 1 (duiblock.com) Read my blog article on the legality […]
During the Thanksgiving holiday and following Black Friday weekend there were numerous DUI roadblocks throughout the Philadelphia area including the surrounding counties. Here is the link to all recent DUI roadblocks in the Philadelphia Metro area: Recent Pennsylvania DUI Checkpoints – November 2021 / Recent PA DWI Checkpoints – Page 1 (duiblock.com) Read my blog […]
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 […]
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 […]
Recently my colleagues selected me as a 2022 Super Lawyer in the field of criminal defense within the Philadelphia metro area which includes Philadelphia, Delaware, Montgomery, Bucks and Chester counties in Pennsylvania. This was my 8th consecutive selection and obviously, I’m grateful for the selection but can’t stress enough the importance of looking beyond an […]
I’ve already done a blog and a video on former Las Vegas Raider, Henry Ruggs, and his pending drunk driving case where he is charged with drunk driving resulting in death following an incident which allegedly killed a woman in Las Vegas. Ruggs faces up to a maximum of 20 years on this drunk driving […]
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 […]
Recently, actor Alec Baldwin shot and killed a movie cinematographer Halyna Hutchins on the set of his movie “Rust” in Santa Fe, NM. Baldwin allegedly didn’t know that the weapon was loaded and unsafe to use, and an assistant director allegedly handed it to him, which led to the death. To date, Baldwin is not […]
The Most Common Pennsylvania Pre-Trial Criminal Diversion Programs – ARD, AMP, Section 17 Our criminal defense law firm frequently encounters clients who have no prior criminal history. They’re often charged with summary or misdemeanor offenses such as drunk driving, minor drug possession, petty theft, or some type of minor physical altercation or disorderly conduct. Clients […]
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 […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey and we sometimes need to defend persons charged in connection with alleged domestic violence. Pennsylvania, like New Jersey, maintains a strict procedure which allows a police officer to arrest a person, without a warrant, if he or […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey. We frequently must represent young persons charged with crimes that involve the illegal possession of drugs, narcotics, guns, and firearms. Despite their age, these individuals face serious criminal penalties which include the possibility of state prison followed […]
Recently and sadly, the remains of 22 year Gabby Petito were found in Wyoming’s Bridger-Teton National Forest. Now, the FBI and along with various other law enforcement agencies are looking for her fiancé, Brian Laundrie. Laundrie allegedly returned home to Florida without Petito three weeks ago. He has since disappeared and it is assumed at […]
Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey. These crime and offenses range from the illegal possession of narcotics, firearms, and drunk driving to white collar offenses such as insurance and identity fraud. Recently, 15 NFL players pled guilty to insurance fraud (Title 18, Section […]
Our law firm wants to ensure that our clients in Pennsylvania and New Jersey understand their rights, especially in cases where they face a substantial state prison sentence for crimes involving the illegal possession of drugs, narcotics, firearms, and guns. In New Jersey criminal defendants often face mandatory minimum sentencing, and so if an accused […]
Our criminal defense law firm represents persons charged with crimes and offenses in Pennsylvania and New Jersey. We have represented people from every walk of life and sometimes we’ve had to represent a student accused a crime which began after a search revealed contraband on school property. Why is school different? First, its important to […]
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 […]
Our criminal defense law firm represents individuals charged with gun and firearm offenses in Pennsylvania and New Jersey. As I’ve written in previous articles, the two states treat these weapons differently, especially with regards to their general possession, purchase and the ability of an owner to carry them outside of his or her home or place of […]
Our criminal defense law firm, based in Philadelphia, but with a second office in Moorestown, New Jersey, represents people charged with vehicle related crimes in Pennsylvania and New Jersey. While the majority of these offenses pertain to driving under the influence (drunk driving (DUI/DWI)), we also represent accused persons where alcohol or drugs aren’t involved. […]
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 – What is the difference Our criminal defense law firm represents client charged with crimes in Pennsylvania and New Jersey. By far, the most important concepts that we need to explain to client and their families is probable cause and reasonable suspicion. The terms are often used interchangeably but they […]
Health and fitness facilities which include traditional gyms, health clubs, cross fit affiliates and others allocate over 40% of their gross revenue to employee wages, salaries, and benefits. These employees and sometimes independent contractors are vital to the success of fitness based businesses. They are responsible not only for the retention of current members but […]
Our criminal defense law firm represents individuals charged with violent and non-violent offenses in Pennsylvania and New Jersey. In cases involving the allegation of violence against our client a common and critical issue is that of self-defense. New Jersey and Pennsylvania refer to self-defense as “justification” under their crimes code and both jurisdictions separate it […]
Pre-trial intervention (PTI) is a diversion program in New Jersey which allows a person to avoid a criminal conviction and be eligible for an expungement following completion of a program. Like Pennsylvania’s ARD program a person’s admission into the program is largely based on the prosecutor (assistant district attorney) discretion and the courts review of […]
Our criminal defense law firm defends individuals charged with different gun and illegal firearm offenses in New Jersey and Pennsylvania. As I’ve written in my previous blogs, books, and stated in my videos, New Jersey and Pennsylvania treat illegal guns differently. In New Jersey, the illegal possession of a gun or firearm (Title 18, Chapter […]
What you need to know this summer and beyond about warrantless vehicle searches in Pennsylvania and New Jersey
Warrantless search is a major issue in all criminal defense cases but especially those involving illegal guns (Title 18, Chapter 61, PA; 2C: 39-5, NJ), drugs (Title 35, Section 780-113, PA; 2C: 35-10, NJ), narcotics (Title 35, Section 780-113, PA; 2C: 35-10, NJ), controlled substance, Drunk Driving and DWI (Title 75, Chapter 38, PA; 39: […]
Summer is here and there is nothing that can ruin it like getting arrested! While most of my readers won’t run into any trouble this summer season, they may have a friend or a family member who doesn’t read my blog, my books, or watch my videos. As I’ve written on my blog and in […]
According to a report from the United State Department of Justice, crime is more common in the summer than the winter. This doesn’t apply to all crimes, but there are a few that spike every summer in the Pennsylvania and New Jersey where our criminal defense law represents individuals charged with felony and misdemeanor offenses. […]
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 […]
I’ve written previous articles on the various illegal gun and firearm charges in the state of New Jersey and the mandatory minimum sentencing under the Garden State’s Graves Act. The laws in New Jersey are much stiffer than in Pennsylvania. While the Commonwealth is a “shall issue” state the state of New Jersey is a […]
Philadelphia Underage DUI Defense Attorney In Pennsylvania the legal age to consume alcohol is 21 just like the rest of the country. The legal limit for Blood Alcohol Content is .08%, again just like the rest of the United States. However, if you are under the age of 21 and are caught drinking and driving […]
A DUI/DWI (Title 75, Section 3802; 39:4-50) is a crime anyone can commit. Many people do not know what to do when you get pulled over for DUI, DWI or impaired driving charge. However, by following these steps, you can protect yourself and your rights. It is important to seek the advice of an experienced NJ […]
Recently colleagues nominated me as a 2021 Super Lawyer the field of criminal defense within the Philadelphia metro area. This was my 7th consecutive selection and obviously, I’m grateful for the selection but can’t stress enough the importance of looking beyond an attorney’s awards and other past accolades. Focus on what the attorney is doing to keep […]
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, […]
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 […]
We are almost past the pandemic and restrictions are quickly coming to an end in Pennsylvania and New Jersey. As we soon begin summer 2021 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). […]
Following Derek Chauvin’s conviction at trial, where a jury convicted the former Minneapolis Police Officer on all three counts in the murder of George Floyd, the question is now how much time will he serve in State prison. Prior to sentencing both the prosecution and defense teams will have the opportunity to review a pre-sentence […]
Crimes of violence are sadly in the spotlight the news and on social media especially given recent events in our country. Our criminal defense law firm in Philadelphia often defends the crimes of Aggravated Assault and Attempted Murder in Pennsylvania. These are obviously serious charges which subjects a person to a substantially long prison sentence. Even a […]
Yesterday, a jury has found former Minneapolis police officer Derek Chauvin guilty of unintentional second-degree murder, third-degree murder and second-degree manslaughter following death of George Floyd. The verdict has caused a lot our readers to ask what is the difference between these charges in Pennsylvania and New Jersey. It is important to understand that within […]
Our criminal defense law firm represents person charged with illegal drug and narcotic crimes in Pennsylvania and New Jersey. Most of our illegal drug and narcotic cases come to us following vehicle or car stops on a street, road or highway. Remember that police and other law enforcement need probable cause to search your car […]
Now that criminal courts are getting back to normal in Pennsylvania, our criminal defense law firm is back to representing accused persons at preliminary hearing across the Commonwealth. I’ve written previous articles on preliminary hearing strategies specifically those involving illegal guns, drugs and violent felonies. A preliminary hearing isn’t a trial but don’t underestimate its importance in […]
Everyone wants to win but sometimes but sometimes trials aren’t in a client’s best interest. Sometimes trial is the only option that makes sense but the evidence is just too strong. While our criminal defense law firm strives to obtain acquittals and dismissals for all of its clients and their families, we realize that pleas […]
Many of our clients face drug and illegal narcotic charges in Pennsylvania and New Jersey. Some people who have never been in any type of criminal trouble now face the prospect of going to state prison! I’ve always told my friends and family that a drug charge can happen to anyone because we’ve all been […]
Pennsylvania was the 24th state to legalize Cannabis as a medical treatment when Governor Wolf signed the “Medical Marijuana Act.” While the Act has addressed many concerns on the medical administration of the drug, those utilizing this treatment must understand that Pennsylvania still classifies Cannabis a Schedule I Controlled Substance. This classification, despite the legalization for medical […]
As restrictions to continue to relax many of our readers will once again cross the bridge to and from New Jersey and Pennsylvania without giving it much thought. It’s important to realize, however, that these two jurisdictions have dramatically different laws regarding firearms. What is a gun or firearm? In Pennsylvania the term “firearm” is […]
Our law firm represents individuals charged with a wide variety of crimes offenses and crimes in Pennsylvania and New Jersey ranging from summary to felony offenses. Recent protests and riots in and around the Capitol Building in Washington, DC and in Philadelphia over the summer have created a potential legal situation for those on both […]
Many of us watched the Super Bowl this past Sunday where Tom Brady and the Tampa Bay Buccaneers won his 7th title against former Philadelphia Eagles Coach Andy Reid’s Kansas City Chiefs. Prior the game, however, Reid’s son, Britt, was involved in a car accident where 2 children sustained serious injuries. According to new reports, […]
We’ve only finished the first month of 2021 and we’ve already had our first major snow storm in Pennsylvania and New Jersey. There are still plenty of weeks of winter and the snow reminds of me example which is often used in law school and in courtrooms to explain the concept of circumstantial evidence—footprints in […]
The first snow storm of 2021 continues to pound the Northeast especially in Philadelphia, the surrounding counties of Bucks, Montgomery, Delaware and Chester along with all of New Jersey. Despite the storm, our criminal defense law firm is operating at full speed thanks to technology such as zoom! While snow is falling and many are […]
The first winter snowstorm of 2021 is here! In Philadelphia and its surrounding counties, there is somewhat of a tradition of saving parking spaces with chairs, cones, or some other household item
Reasonable suspicion is based not only on the officer’s observations but his knowledge and length of experience in his position
Our criminal defense lawyers represents accused persons charged with possession and possession with intent to distribute, deliver or manufacture in Pennsylvania (PWID) and New Jersey. These charges range from something as low a summary offense (petty disorderly- New Jersey) to as high as felony offense (Crime of the First Degree in New Jersey—indictable offenses). If […]
Like Pennsylvania, New Jersey doesn’t treat all narcotics the same way. Controlled substances are classified according to five schedules
New Jersey has some of the nation’s toughest gun laws regarding the unlawful possession of a handgun or firearm.
Pennsylvania, similar to New Jersey, doesn’t permit an individual to carry or possess a firearm (even in their home or place of business) if they have been convicted of certain enumerated felony offenses
While this year was very different because of government imposed shutdowns which have led to the failure of many small businesses there is always still a significant spike in arrests for drunk driving, impaired driving, driving under the influence and driving while intoxicated throughout Pennsylvania and New Jersey. Despite being misdemeanors (usually but not always), […]
2021 is almost here after a tough 2020. A drunk driving arrest, however, isn’t the way to end the year and start the new one! An arrest and a conviction will make your life very complicated 2021 as it will result in legal fees, a drivers license suspension and possible jail. A DUI/DWI conviction will […]
While most of us, aren’t going anywhere this year because of restrictions, even small celebrations can cause potential criminal problems.
Once again The Pennsylvania Constitution offers greater protections against warrantless searches than the United States Constitution.
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 […]
Individuals who fail to understand their constitution rights and limitations are usually in the worst position if and when they find themselves charged with a crime
The 3 most common criminal offenses related to “saving spots” during winter snowstorms
New Jersey and Pennsylvania have dramatically different laws regarding handguns and firearms
One of the lesser known consequences of a controlled dangerous substance offense (CDS) is the potential for a driver’s license suspension.
Despite restrictions in New Jersey & Pennsylvania, Philadelphia Police, over this Thanksgiving weekend, recorded the same number of drunk driving arrests (18) this year as they did in 2019.
While New Jersey and Pennsylvania have restricted indoor and outdoor gathering, many will ignore executive orders to stay home this Christmas and holiday season.
The majority of drug induced homicide cases don’t involve traditional drug dealers but rather friends of the overdosed decedent.
Under the new law, a New Jersey criminal court can now broadly consider as a mitigating factor whether a person under the age of 26 would have acted differently.
If you’ve decided to get rid of a handgun or firearm its important that you do so in the proper manner.
If police or civilians were killed during these riots in Philadelphia which often involve robberies and burglaries the felony murder rule would apply here.
Transporting guns and firearms isn’t like moving other household items or personal belongings
On average, New Jersey’s municipal court adjudicates over 6 million cases per year. While 5 million of these cases involve
Our law firm represents individuals charged with different crimes and offenses in the state of New Jersey. Many of these allegations pertain to what the Garden State classifies as “indictable” offenses. Indictable offenses are heard in New Jersey’s Superior Court, but prior to indictment the state may attempt to resolve the matter through a plea […]
Our law firm represents students charged with different crimes and offenses in Pennsylvania and New Jersey. While many of these cases are minor compared to many of our adult cases, they are nevertheless important, especially to the parents of these students. A criminal charge and a possible conviction can stay with a young adult long […]
In the past, most vehicles on the roads and highways ran on gas but today, there are vehicles which run on electric, natural gas, solar, and a combination of fuel sources.
In New Jersey, if an underage driver’s BAC is .01 or more, but less than .08, then license suspension is
Police need probable cause to search your car but they don’t need a search warrant; warrantless searches are allowed in Pennsylvania and New Jersey.
If you do speak to police and then later attempt to challenge the admissibility of that statement, keep in mind that most courts
The Commonwealth of Pennsylvania is what is known as a ‘shall issue’ state for concealed carry licenses.
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!
Recent protests in and around Philadelphia have created a potential legal situation for those on both sides of the issues related to racial discrimination, Christopher Columbus in South Philadelphia, ranging from summary to felony offenses.
There is a presumption in Pennsylvania that deadly force is justified and that it is immediately necessary if the person against whom force is used
Despite continued executive order in Pennsylvania and New Jersey to maintain face masks, social distancing and groups beyond 25, local police must deal with protests following the death of George Floyd in Minneapolis, Minnesota. Riots are occurring around the country and unfortunately, in the city of Philadelphia, along in its surrounding Montgomery, Bucks, Delaware, Chester […]
If you’re charged with a drug crime in New Jersey it is very important that your attorney discuss if your matter falls under a Brimage eligible offense.
A gathering by itself allows police to investigate the group meeting and possibly even issue a citation.
A firearm is obviously a dangerous piece of equipment, which unlike most household items is highly regulated and subject to many state and federal laws which include mandatory minimum state prison sentences in some cases.
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
Confinement in a county, state, or federal facility often create the ideal environment for the transmission of contagious diseases like COVID-19.
Many Philadelphians have accused Krasner of offering “sweet” deals but plea offers aren’t uncommon and are made for many reasons
Our criminal defense law firm represents individuals in Pennsylvania and New Jersey charged with crimes and offenses ranging from simple possession of drugs and narcotics to violent felony crimes such as aggravated assault, robbery and homicide. While the majority of these cases involve representation of adults, our law firm has also represented minors in the […]
Our criminal defense law firm represents individuals charged with driving while intoxicated (DWI) and driving under the influence (DUI) in New Jersey and Pennsylvania. While most people typically associate a DUI/DWI with alcohol, it can also involve legal prescription drugs and as well as illegal drugs and narcotics. Pennsylvania, under Title 75 Section 3802(d) […]
The prosecution will weigh the above mitigating aggravating circumstances and make a determination as to whether there are compelling reasons to justify it