Criminal defense work constantly presents criminal lawyers with bad facts coupled with bad law. A new case handed down by the Pennsylvania Superior Court is a prime example of this. The case is Commonwealth v. Stein, 2012 PA Super. 26 (Feb. 7, 2012). The defendant is now serving a five-year mandatory-minimum prison sentence because he […]
Superior Court of Pennsylvania Holds Probation Violation Illegal When Original Sentence Illegal
In the recent case of Commonwealth v. Milhomme, 2011 PA Super. 149 (July 21, 2011), the Superior Court of Pennsylvania held that a sentence stemming from a violation of probation was illegal where the original sentence was illegal. After checking out the ruling, you might enjoy this article about mandatory minimum sentences on firearms. Were […]
Governor Rendell Attempts a Parole Overhaul
Pennsylvania Governor Ed Rendell is attempting to put a plan into motion that would take away violent offenders’ ability to be paroled. Rather than sentencing pursuant to Pennsylvania’s indeterminate sentencing scheme in criminal court (that is, a maximum and minimum sentence, with the maximum at least double the minimum), Governor Rendell wants judges to sentence […]
What to Know About Pre-Arrest Silence
You have the right to remain silent at any time. In a recent opinion by the Pennsylvania Superior Court, Commonwealth v. Lettau, 2008 Pa. Super. 152 (2008), the Court held that a prosecutor’s repeated references during direct examination of an investigating officer and during cross-examination of defendant’s pre-arrest silence violates his 5th Amendment right to […]
Philadelphia Has the Highest Rate of Individuals Incarcerated
I wish that this were an April Fools’ joke, but its not. The Philadelphia Daily News reported today that the Justice Policy Institute has released a new report stating that Philadelphia has the highest rate of individuals incarcerated per capita. The report, entitled Jailing Communities: The Impact of Jail Expansion and Effective Public Safety, states […]