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

Commonwealth Court Scrutinizes NCAA

What a couple of weeks it has been for the National Collegiate Athletic Association.  Still reeling from a Labor Relations Board determination that private college football players are employees of the college and may elect to organize and collectively bargain, on April 9, 2014 Pennsylvania Commonwealth Court resurrected scrutiny of the entire sanctions process used by the NCAA against Penn State University. (more…)

Legal Cannabis in Pennsylvania

On January 15, 2014, Senator Folmer introduced Senate bill 1182  providing for the medial use of cannabis in the Commonwealth of Pennsylvania.  (more…)

Do Fathers Have Child Custody Rights Before the Birth of the Child?

A New Jersey Court recently tackled an issue which arises sometimes early on in custody cases.  A presumed father wanted to be present for the birth of his child.  The mother said no, and the court ruled in her favor in the first case of its kind to be litigated in the United States. The court focused on the privacy rights of women which have been recognized in Supreme Court cases involving a woman’s right to choose. (more…)

Relocation and its Impact on Existing Custody Orders

The Court’s procedure in relocation of a parent with some custody of a minor child has been codified at 23 Pa.C.S.A. 5337(h): (more…)

Cannabis Career Institute Seminar

Foreman & Caraciolo is pleased to announce that Joseph Caraciolo, Esquire will be a speaker at the Cannabis Career Institute seminar on March 2, 2014 at the Hilton Airport Hotel in Philadelphia, PA.

The Cannabis Career Institute focuses on providing students with all the information necessary for them to enter the business world of cannabis.  No matter what field of cannabis a student is interested in, the Cannabis Career Institute provides them the information and resources necessary to be successful in this business.

Tickets for this seminar are available here.

What Factors must a Court Address in Determining the Modification of a Custody Arrangement?

The Pennsylvania Legislature has adopted an enumerated list of sixteen factors to decide issues of custody in the Commonwealth of Pennsylvania.  23 Pa.C.S.A. 5328.  (more…)

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.

Police May Use Body Cameras to Record Interactions With the Public

On February 4, 2014, a new law  was enacted which permits police officers to wear body cameras to record their interactions with the public. (more…)

New Law Proposed to Combat Revenge Porn

The Pennsylvania Senate is presently proposing legislation which would amend the Crimes Code to add a provision to address ‘intimate partner harassment’. (more…)