Foreman & Caraciolo, PC argues against the Constitutionality of Mandatory Minimum’s in Pennsylvania

Following the Supreme Court decision in Alleyne v. United States, 133 S.Ct. 2151 (2013), where the Supreme Court of the United States held that Mandatory Minimums were unconstitutional both in denying an accused’s sixth amendment right and being in a violation of due process, State Courts have slowly began to adjust practices involving mandatories. In Franklin County, Pennsylvania, Foreman & Caraciolo, PC is arguing that the practice of enforcing a mandatory minimum so long as a jury slip is utilized is unconstitutional.  The decision of the Franklin County court could have ramifications to the individual defendant of saving up to five years of incarceration, but could also have State wide repercussions as Courts may need to strictly follow the language of Alleyne.  Argument is scheduled for April 3, 2014 in Courtroom four of the Franklin County Courthouse, Chambersburg, Pennsylvania.