The Castle Doctrine in Pennsylvania provides that people have the right to defend themselves with deadly force in their homes if they feel they are in imminent danger of death or serious bodily harm.
]]> This past summer the governor extended the reach of the Castle Doctrine to mean that peoples' right to defend themselves could include places directly outside their homes, like the front porch. In the previous interpretation of the doctrine, Pennsylvania residents had to flee at the sign of danger in order to use deadly force for protection, but now self-defense is permitted without an attempt to escape.The revision to the Pennsylvania law is important. It provides additional protection to residents who are confronted with dangerous situations and want to protect their family. In situations where there is a direct threat of death or severe injury, most peoples' first instinct is to protect themselves, not consider whether or not they could be prosecuted for a crime. The Castle Doctrine is useful in the protection of those who use self-defense but might otherwise be charged with a violent crime.
Most people have never been in a situation where they had to defend themselves from serious bodily harm or even death, but the Castle Doctrine exists so that if that situation does arise Pennsylvania residents can choose the course of action that best protects their family. Those who have been accused of unnecessary force against an intruder can attest to the importance of the doctrine in protecting the rights of the innocent.
If you are facing charges of murder or homicide ensure that you protect your legal rights: Contact an experienced Philadelphia murder attorney. A skilled criminal defense lawyer will help you build a solid defense strategy by exploring all legal means, including the Pennsylvania Castle Doctrine.
Source: csmonitor.com, "Pennsylvania 'castle doctrine' protects man who shot his romantic rival," Jan. 5, 2012
]]>The woman is now bringing civil lawsuits against the state of Ohio, Franklin County Coroner's Office and Licking County Coroner's Office. No amount of money can ever truly compensate the woman for the two decades she served in prison, but she hopes to recover monetary damages and hold wrongdoers publicly accountable for the harm they've caused her and her family.
]]> The victim is also seeking a declaration from the state that she suffered a wrongful imprisonment, so her name can be officially cleared.If you or a loved one is facing wrongful criminal charges, contact an experienced Philadelphia criminal defense lawyer to begin building a sound defense strategy.
Source: Courthouse News Service, "Free after 20 years, woman sues Ohio," Kevin Koeninger, Jan. 27, 2012
]]>This case involved the admissibility of statements made by a 13-year-old accused of burglary. The child was interviewed in a conference room at his school by a police officer. The boy was not issued a Miranda warning and the court had to consider whether the statements he made to the officer were made while he was "in custody" and were therefore rendered inadmissible evidence by the Fifth Amendment.
]]> The Supreme Court created a new standard for determining whether a juvenile is in custody when being questioned. In short, the police officer must consider the child's age when questioning him; the younger the child, the more likely they will feel they "have to" stay and answer the officer's questions, therefore triggering the need for a Miranda warning. This new standard could affect law enforcement procedure for questioning children about crimes.When you are facing criminal charges, make sure you fully protect your rights and contact an experienced Philadelphia criminal defense attorney. Your freedom and future can be determined by a skilled defense lawyer's ability to recognize a seemingly-trivial procedural or evidentiary flaw in the prosecution's case.
Source: policeone.com, "2011 in review: 7 key decisions of the U.S. Supreme Court," Terrence Dwyer, Dec. 9, 2011
]]>Stevens' conviction was overturned in 2009 when a U.S. District Judge ruled that the prosecution's misconduct unfairly tainted the trial involving public corruption charges. The judge hired an attorney to investigate the prosecution's conduct and he discovered several instances of misconduct, including:
]]>The investigating attorney's report has helped restore justice, but it appears that prosecutors will escape charges of criminal contempt due to a legal technicality. It is a shame, as prosecutors are in a unique position where their unscrupulous conduct can wrongfully cause a man or woman to lose their freedom and livelihood. Prosecutors must be held to the same standards they aim to hold criminal defendants accountable for.
Prosecutors at any level - county, state or federal - are supposed to uphold the interests of justice. A prosecutor's duty is not necessarily to convict the accused; it is to ensure that justice is served and a wrongful conviction never brings justice.
If you have been wrongful convicted of a white-collar crime, you should contact a Philadelphia federal appeals lawyer to discuss your legal options.
Source: Reuters, "More prosecutor misconduct in Sen. Stevens case," James Vicini, Nov. 21, 2011
]]>While the theft did not occur in Philadelphia - the crime took place in Atlanta - the issue is intriguing to prosecutors throughout Pennsylvania. If suspects are arrested in the case, could they be charged with theft of information?
]]> Local police believe the theft was targeting the computers themselves - not the data stored on them - but the prosecution would still have an argument that the act constituted a theft of information. The probable argument would point out that the accused person knew there would be sensitive data on the computers and proceeded with the theft.That argument would open the door for a complicated legal battle, as the data on the YMCA computers required a password to access it. If the suspect had not breached the computer's security features and accessed the data, the criminal defense attorney could make a sound argument that the information had not truly been stolen and used to further a white collar crime such as theft of information or identity theft.
If a suspect is eventually arrested in the YMCA computer theft, it will be interesting to see what charges prosecutors bring and what strategy the criminal defense attorney counters them with.
If you have been charged with a serious crime, contact an experienced Philadelphia criminal defense attorney to discuss potential defense strategies and weaknesses in the prosecution's case.
Source: ajc.com, "YMCA says someone stole computer with members' data," David Ibata, Nov. 21, 2011
]]>The trial revolved around an alleged conspiracy where Feese and Jill Seaman - Feese's former assistant - misappropriated public funds to buy computer programs that were used for political campaigning. The Harrisburg jury also convicted Seaman for her alleged role in the conspiracy. A total of 10 people have faced criminal charges for the Computergate scandal, including seven who have pleaded guilty. Freese denies his guilt in the matter and will likely appeal the conviction.
]]> When public officials are accused of corruption charges - or other white collar crimes - the stakes are extremely high. Even before criminal investigations are complete, politicians face unfair condemnation by the public. Even baseless accusations can due unimaginable harm to a public figure's career, it is crucial for the politician to aggressively defend against such attacks.If you are a public figure or prominent businessperson facing charges of conspiracy, corruption, fraud or embezzlement it is crucial to contact an experienced Philadelphia white collar crime lawyer to begin building a strong criminal defense strategy.
Source: philly.com, "Feese convicted on all counts in 'Computergate' trial," Angela Couloumbis, Nov. 8, 2011
]]>Even though Jackson was 50 years old and competent to make his own decisions, his tragic death prompted family, friends and fans to seek out someone to hold responsible for the beloved musician's death. That man was Murray, as he had long served as Jackson's personal physician and had supplied him with the medication that was ultimately responsible for his death, according to the coroner.
]]> The jury's verdict demonstrates an emerging area of criminal liability where physicians are held responsible for the fatal overdoses of patients. Prescription drug addiction has fiercely gripped communities across the country and citizens and politicians are desperately seeking ways to battle the drug addiction epidemic. As a result, doctors have more to worry about than they did in years past, as they can potentially face time in prison for choosing to write their patients a prescription.If you are a physician, psychiatrist or clinician facing criminal charges related to the care of a patient, contact an experienced Philadelphia criminal defense attorney to help create a sound defense strategy.
Source: laist.com, "The verdict is in: Dr. Conrad Murray guilty of involuntary manslaughter in Michael Jackson's death," Nov. 7, 2011
]]>The couple recruited a young woman from Micronesia and arranged for her passport and transportation to the U.S. with the intent that she would work full time providing child care as well as cooking and cleaning. While her employment may have been legal - depending upon her immigration status - she received no compensation during her year of employment with the couple.
]]> The couple also acknowledged that they had acquired a Social Security card for the foreign worker without her knowledge and arranged for her to be employed - again, full time - at a chicken processing plant. They took all of her earnings.The definition of "human trafficking" includes those who are coerced to work in debt bondage (often the person is told they must pay the debt for their passport and transportation costs) or forced to work due to violence or threats of violence.
When assessing whether a foreign worker has been the victim of human trafficking, law enforcement will consider whether the victims could have left their job, whether the person was isolated from others, and the extent the person was monitored.
In this case, the couple charged with human trafficking admitted that they did not allow their domestic worker to have friends, to leave the house unmonitored, or to participate in social gatherings.
They have not yet been sentenced but could face a maximum of five years in prison and fines of up to $250,000 for this federal crime.
]]>If the bill passes, the new criminal charge of aggravated arson will be a first degree felony. A person could face charges if a) he or she starts start a fire, b) pays someone else to start a fire or c) helps someone start a fire at an occupied building OR if the perpetrators' intent was to injure someone by lighting a fire (such as a firefighter or police officer).
]]> If convicted of aggravated arson, the bill specifies a minimum 10-year prison sentence if a firefighter, police officer or a person fighting the fire suffers serious injuries. It would carry a 5-year minimum sentence if a civilian is injured, if more than one person was inside the building at time of the fire, if more than three buildings were damaged or the fire caused more than $1 million in damage. If a person was convicted of more than one arson offense, prison terms would be served consecutively.The bill has not yet passed and it's unclear if it will.
The Judiciary Committee must approve the bill before it can go to the full Senate but Republican chairman of the Senate Judiciary Committee, Stewart Greenleaf, has gone on record as strongly opposing mandatory sentencing. He says it is the root cause of prison overpopulation and that it should be up to individual judges to decide what punishment to hand down. Greenleaf has said he won't bring the bill to the committee if it contains the mandatory sentencing provision.
The bill's sponsors and assistant district attorney Tom Ost-Prisco, who prosecuted the Coatesville arsonists, have all said they will work with Greenleaf to address concerns and they hope to see the legislation acted upon in September when the legislature resumes.
Source: Daily Local News, "Coatesville Arson Legislation Faces Hurdle in Harrisburg," by Jennifer Carboni, June 10, 2011.
]]>You may be considering contacting our law firm after being arrested for DUI or after learning that you are under investigation on suspicion of an Internet crime. Please know that we scrupulously follow, monitor and analyze news that will have an impact on the strategies we will use while protecting your rights if our Pennsylvania criminal defense law firm represents you.
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