Foreman & Caraciolo, P.C. Successfully Argues That Statute is Unconstitutional in Franklin County Pennsylvania

In a decision published on April 17, 2014, Judge Carol L. Van Horn of the Franklin County Court of Common Pleas has ruled that that 42 Pa.C.S. A. §9712.1(c) related to mandatory minimum periods of incarceration for offenders possessing a firearm in connection with the manufacture or delivery of a  controlled substance is unconstitutional.

Judge Van Horn utilized the Supreme Court of The United States case of Alleyne v. United States (2013) and reviewed recent decisions of the Pennsylvania Superior and Supreme Courts, as well as recent decisions from other Courts of Common Pleas in her well reasoned opinion published below.

Opinion of the Court