The PA Superior Court recently affirmed a suppression court’s finding that probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. In this appeal (filed by the Commonwealth),...
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Year: 2021
How will a conviction affect your teenager’s future?
When children become teenagers and young adults, making mistakes and rebellion become major concerns. Even children who are usually responsible and respectful can go through phases where they let the worst elements at school influence their behavior or push back...
When must Pennsylvania drivers install IIDs in their vehicles?
An ignition interlock device (IID) is a personal breath test unit installed directly in someone's vehicle. The driver will have to perform the test when they start the vehicle and even occasionally while they drive. The goal of these devices is to prevent someone from...
What can affect Breathalyzer accuracy?
The results of a Breathalyzer or chemical breath test performed during a traffic stop could have massive implications. If the results show that your blood alcohol concentration (BAC) is over the legal limit of 0.08%, you will - at minimum - most likely be arrested,...
Is physical injury necessary for simple assault charges?
Assault is one of the most common violent criminal charges that people face in Pennsylvania. Charges range from simple assault to aggravated assault, with many factors increasing the severity of the charges and penalties. Simple assault is often a second-degree...
Why should you hire a criminal defense attorney?
Whether you’re under investigation, facing charges or have just been arrested, you need to make sure that you do not say or do anything that could hurt your case. You’re in a precarious position, and it’s important that you don’t end up getting into deeper trouble...
MOTION TO SUPPRESS EVIDENCE MAY BE BROUGHT IN A RETURN OF PROPERTY ACTION
The PA Commonwealth Court has recently held that a motion to suppress evidence may be brought in a Rule 588 return of property action, regardless of whether the Commonwealth has filed criminal charges or a forfeiture action. On January 23, 2020, a Pennsylvania State...
LEWD TEXT MESSAGES BETWEEN CONSENTING ADULTS DO NOT MEET DEFINITION OF OBSCENITY
Andrew Thomas Alexander was found guilty after a non-jury trial of one count of obscenity based on sexually explicit text messages he sent to an unidentified recipient. The trial court “struggled” with the obscenity charge and acknowledged that the definition of...
The space protected by the Fourth Amendment ends at the threshold of the door.
Aaron Charles Martin was convicted after a stipulated bench trial of carrying a firearm without a license. Prior to the bench trial, he had filed a Motion to Suppress the seized firearm based on the fact that it was only seized after police made an unconstitutional...
How do repeat offenses affect a DUI charge?
In Pennsylvania, there are three levels of DUI. These include general impairment, high BAC and highest BAC. Each of these have their own penalties upon conviction. The penalties for these charges increase each time if there are previous DUIs on a person’s record. For...