Criminal Defense Archives

What’s the Difference Between Probation and Parole?

Published on May 13, 2008

“What’s the difference between probation and parole?” This is a frequently asked question that many of my clients ask. Both probation and parole permit an individual to serve their sentence, or a portion of their sentence, in the community, instead of in jail, which many people find attractive. Also, probation and parole are both considered […]

Illegal Firearm Ownership Transfers End With Consequences

Published on May 9, 2008

PA Attorney General Tom Corbett and Philadelphia District Attorney Lynne Abraham have devised a joint task force about a year-and-a-half ago called force called the Gun Violence Task Force (“GVTF”). Within the GVTF, there are veteran police officers, Attorney General Special Agents, and Assistant District Attorneys who work on gun cases, day in and day […]

Criminal Lawyer Update: Superior Court Upholds District Attorney’s Discretion to Withdraw Criminal Charges from Private Criminal Complaint

Published on May 5, 2008

On April 23, 2008, the Pennsylvania Superior Court issued a decision in Commonwealth v. Michaliga, 2008 Pa. Super 78 (2008), which reaffirms that the District Attorney’s Office’s has the sound discretion to approve or disapprove criminal charges commenced by private criminal complaint. What is interesting about this case, is that the District Attorney (“DA”) of […]

Phil. Prison Overcrowding Leads to Another Lawsuit

Published on Apr 30, 2008

Another lawsuit has been filed against the Philadelphia Prison System for its failure to get its act together and fix deplorable conditions. As reported on philly.com yesterday, the suit was filed in federal court on Monday on behalf of 11 inmates, and the attorneys are seeking to certify the lawsuit as a class action on […]

U.S. Supreme Court Holds that Search Incident to Arrest Not Unreasonable Under the Fourth Amendment Just Because Arrest Violates State Law

Published on Apr 25, 2008

On Wednesday, April 23, 2008, the United States Supreme Court in Virginia v. Moore (06-1082) unanimously reversed the Supreme Court of Virginia, which held that the Fourth Amendment’s prohibition on unreasonable searches and seizures warranted suppression of evidence seized as the result of a search incident to arrest where the police officer did not have […]