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According to the Pennsylvania Department of Transportation (DOT), there were 52,636 arrests on suspicion of driving under the influence (DUI) made in our state during 2014. When police pull a vehicle over and suspect that the driver is under the influence of drugs or alcohol, they conduct an investigation just…
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…
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…
What Is a 302 Commitment in PA? A “302 commitment” refers to a specific provision under Pennsylvania law that allows for the involuntary emergency examination and treatment of individuals who are deemed to be a danger to themselves or others due to a mental health crisis….
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…
In Commonwealth v. Walker, 92 A.3d 766 (2014), the Pennsylvania Supreme Court held expert testimony regarding eyewitness identification may be used in criminal court in Pennsylvania. However, the ruling means the trial judge gets to decide whether to allow the testimony at trial. The standard for the…
CASE REVIEW: Commonwealth v. Bavusa, 832 A.2d 1042 (2003). Bavusa is a case that doesn’t make any sense to me, but for some reason, we see it come up all the time in Philadelphia County Criminal Court. The ruling is logically inconsistent, which is surprising because Chief Justice Castille…
