Articles

Primer on Defenses to Speeding

Filed under: Criminal Law by Contributor @ August 8, 2014

Introduction One of the most frustrating things that can happen while driving is receiving a speeding ticket, especially when you were “just going the speed of traffic.” Many motorists believe that speeding tickets are impossible to fight because of how seemingly straightforward they are, but after you finish reading this primer, you will have an […]

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Federal Narcotics Sentencing Reduction Made Retroactive

Filed under: Criminal Law, Drug Crimes, News by Contributor @ July 31, 2014

On April 10th, the United States Sentencing Commission voted to lower the federal narcotic sentencing guidelines by two levels. This would apply to all offenders facing federal drug charge and would result in the average drug sentence being reduced by 11 months. This does not, however, affect mandatory minimums attached to certain drug crimes; someone guilty of a crime […]

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Pennsylvania Supreme Court Limits Expungements

Filed under: Criminal Law by Contributor @ July 26, 2014

In Commonwealth v. Wallace, 2014 WL 3579692 (7/21/14), the Pennsylvania Supreme Court limited the availability of expungements. An inmate with 12 arrests between 1988 and 1992, numerous other arrests, and a 14 page criminal record with a total of 228 charges, sought an expungement for approximately 150 of these charges. The expungement petitions were denied, with the trial court reasoning that the records should be […]

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Retroactive Application of SORNA

Filed under: Criminal Law, Sex Crimes by Contributor @ July 18, 2014

In Commonwealth v. Perez, 2014 WL 3339161 (Pa.Super. July 09, 2014), the Pennsylvania Superior Court held that the retroactive application of SORNA, the Sex Offender Registration and Notification Act, did not violate the Ex Post Facto Clause of the Federal Constitution. SORNA requires offenders of certain sex crimes to register with the government so they […]

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Defendant Granted New Trial Due to Biased Judge

Filed under: Criminal Law, News by Contributor @ July 17, 2014

In Commonwealth v. Shwarz , 1847 EDA 2012 (July 15, 2014), the Pennsylvania Superior Court granted a new trial to an appellant who argued the trial court judge exhibited bias against him. The appellant, a Philadelphia police officer, faced charges of official oppression and related offenses, and was convicted by a jury. On appeal, the appellant argued that the trial judge […]

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