Month: August 2016
In order to convict you of any criminal offense, a prosecutor must prove all of the elements of that crime as set out in Pennsylvania criminal law. For example, if you are charged with possession of marijuana, the prosecutor would have to prove not only that…
Yesterday, Pennsylvania Attorney General Kathy Kane was found guilty of two counts of perjury and multiple misdemeanors. Today, the question is, what will be Kathy Kane’s sentence? Pennsylvania Sentencing Guidelines The Pennsylvania sentencing guidelines layout a matrix to be applied to every defendant. However, the guidelines are not mandatory and…
Summary Expungements Pennsylvania allows Summary Expungements under 18 Pa.C.S. §9122(b)(3) if you have been arrest free for five years at the time you file the expungement. The specific language is: (3)(i) An individual who is the subject of the information petitions the court for the expungement of…
As if the federal sentencing guidelines aren’t harsh enough, the guidelines occasionally contain a “cross reference” or a “special instruction”. At sentencing in federal court, Cross References & Special Instructions create a situation where the guidelines are increased to suggest to the court the defendant should get…