Archive for the ‘Criminal Law’ Category

What Happens After I Have Been Charged With A Crime

Stages of a criminal case

What happens after I have been arrested?

Depending on the circumstances of the case, as well as the severity of the crime, you will either be taken into custody or advised of your charges and released.  If you are taken into custody, you will go through booking and get fingerprinted. You will also be taken before a magisterial judge who will arraign you and set bail.

If you are released, you will receive notice of the charges in the mail, an order requiring you to be fingerprinted, and notice of your first court date called your Preliminary Hearing.

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May I Still Drive My Car After a DUI

In May of 2016, the legislature modified the Vehicle Code to allow a person to obtain an interlock license  for almost any Driving After Imbibing offense.  The changes are due to begin fifteen months from the legislation which is quickly approaching effective August 25, 2017.  These changes allow any person to obtain an Interlock Driver’s License which will allow operation of a motor vehicle equipped with an interlock device.

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Backpage Adult Section, Known by Police as Advertisement of Prostitution, Shut Down

Recently, the website backpage.com has discontinued certain adult oriented sections due to unconstitutional censorship as describe on their webpage. The subpages that are no longer offered or supported by backpage include the “escorts,” “body rubs,” “strippers & strip clubs,” “dom & fetish,” “ts,” “male escorts,” “phone & websites,” and “adult jobs” sections under the adult heading. Although many legitimate people may have advertised in these sections, some of the now closed pages included advertising for services that arguably could be characterized as prostitution. In fact, local police would regularly conduct organized operations using the backpage website making numerous prostitution arrests during the time the site was available. (more…)

Attorney Caraciolo to speak at Cannabis Career Institute Seminar in Harrisburg, Pennsylvania

Foreman & Caraciolo, P.C., is thrilled to announce that Attorney Joseph D. Caraciolo will be speaking at the Cannabis Career Institute Seminar on the fundamentals of state law and federal law, answering questions regarding case law, marijuana law, zoning requirements, current developments in relevant cases, upcoming cases with political implications and will help to interpret rulings and recent decisions made by state and federal courts. The Seminar will be held on August 7, 2016 from 10:00 a.m. until 6:00 p.m. at the Best Western Premiere Central Hotel and Conference Center in Harrisburg, PA.

For more information and to purchase tickets to this event, visit this link.

https://cannabiscareerinstitute.com/events/harrisburg-pa-auguswt-7th-harrisburg-pa-june/

 

Pennsylvania State Police Lack Standing to Pursue SORNA Appeal

The Pennsylvania State Police filed seventy-three (73) appeals to the Superior Court after the Commonwealth and defendants in those cases entered into negotiated plea agreements which would alter registration requirements the defendants would otherwise be required to follow under the Sex Offender Registration and Notification Act (SORNA).   (more…)

Governor Changes Position on Medical Marijuana

Pennsylvania governor Tom Corbett recently began the process of supporting a senate bill for the introduction of medical marijuana in Pennsylvania. On May 1, 2014, governor Corbett issues the following press release: (more…)

Pennsylvania Supreme Court Requires a Lower Standard of Proof to Maintain Names on Statewide Register for Child Abuse

The Pennsylvania Supreme Court released on opinion earlier this week which overturned a lower court’s decision that clear and convincing evidence must be presented in order to maintain a name on the statewide register for perpetrators of child abuse.  In G.V. v. The Department of Public Welfare, the Supreme Court held that only substantial evidence is needed to maintain a name of a perpetrator of child abuse. (more…)

Pennsylvania Supreme Court Allows Warrantless Searches of Vehicles

The Supreme Court of Pennsylvania recently issued an opinion which allows for the warrantless search of a vehicle in Commonwealth v. Gary.  The Court adopted the federal standard which allows for the search of a vehicle, without a warrant, when probable cause exists.  (more…)

Superior Court Affirms the Exclusion of Evidence for the Commonwealth’s Refusal to Identify its Confidential Informant

The Commonwealth was prohibited from introducing evidence it obtained through a search warrant because the affidavit of probable cause relied on information supplied by a confidential informant and the Commonwealth refused to provide the defense with information about this confidential informant.  The Superior Court affirmed the trial court’s decision to preclude this information from evidence earlier this month in Commonwealth v. Jordan, 2014 Pa.Super. 57. (more…)

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