Month: April 2015
When you appeal your criminal conviction, four documents are very important for the Superior Court of Pennsylvania when making their decision: Your Brief (Appellant’s Brief) The District Attorney’s Brief (Appellee’s Brief) The Trial Judge’s Opinion Notes of Testimony & Exhibits from Trial The trial judge’s opinion…
Just the other day, we reviewed burglary in Pennsylvania. Since we were onto property crimes, I thought: let’s discuss Criminal Trespass. A big issue in burglary prosecutions is the prosecutor has to prove beyond a reasonable doubt the defendant had the intent to commit a crimes in…
A review of the law of burglary in Pennsylvania Often people say, “my house got robbed!” What the law says is that your house was burglarized. At common law, burglary was defined as unlawful entry into a home or business with the intent to commit any crime inside. Any…
If law enforcement officers had the power to arrest anyone whenever they wished for any reason—or no reason at all—we would live in a totalitarian state without the rule of law. To avoid this situation and to preserve democracy, the Constitution of the United States as…
If you have been arrested and charged for driving under the influence (DUI) of alcohol, you may be facing serious penalties. Criminal procedures can be confusing for individuals who are not familiar with the legal system as defendants have several options in front of them. For example, they…
CASE REVIEW: Commonwealth v. Smerconish, 2015 PA Super 59. In Smerconish, the Appellant had been involuntarily committed because he was suicidal. He attempted to have his firearm rights restored. In order to have his rights restored, he needed to have his involuntary commitment expunged. Appellants expungement was denied….
When you think of a criminal charge, you are likely to first think of an offense that harms another person, such as theft or assault. However, the Pennsylvania criminal code sets out offenses that cause harm to more than just a specific human being. For example,…
Often, after you are unsuccessful in your state court appeal, people wonder what they can do to further their appeal and keep fighting. After your state court appeals are over, you may have a right to a Federal Habeas Appeal. In a Federal Habeas Appeal you are saying the…
