Articles

Chester County Judge declares SORNA unconstitutional!

Filed under: Sex Crimes by Steven F. Fairlie @ August 27, 2022

A Chester County Judge has determined that SORNA is unconstitutional on many grounds in a blockbuster opinion! In Commonwealth v. George Torsilieri the Pennsylvania Supreme Court had remanded the case back to the Chester County Court for a determination of how five factors from Kennedy v. Mendoza-Martinez applied to SORNA. The Court struck down the […]

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US Supreme Court invalidates NY restriction on gun licenses

Filed under: Criminal Law by Steven F. Fairlie @ June 23, 2022

Today the United States Supreme Court ruled that New York state may not require its citizens to show just cause in order to obtain a permit to carry a firearm. Such a law is often referred to as a “may issue” law, meaning that the state may issue the permit upon a showing of just […]

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Possession with intent to deliver heroin and cocaine dismissed

Filed under: Criminal Law, Drug Crimes by Steven F. Fairlie @ May 28, 2022

We got a great result today at a Montgomery County Preliminary Hearing by getting the case dismissed. The allegation was that our client was driving back from Philadelphia and swerved over the white fog line. He was pulled over, asked to step out, and subjected to a K9 sniff of his car. The K9 circled […]

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Time to Beg Your Pardon

Filed under: Criminal Law, News by Steven F. Fairlie @ July 3, 2021

Have you been convicted of a crime in Pennsylvania? There are complicated rules that apply to minor misdemeanors and summary offenses, those who have completed an ARD program, and those who won their cases at trial or had the charges dismissed – which permit expungement (erasure) of criminal records. But if you were convicted of […]

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Rule 600 given strong teeth by Pennsylvania Supreme Court

Filed under: Criminal Law by Steven F. Fairlie @ June 24, 2021

The Pennsylvania Supreme Court gave strong teeth to Rule 600 in a case decided two days ago (Commonwealth v. Harth). Rule 600 gives the Commonwealth 365 days to bring a case to trial, subtracting delays caused outside the control and due diligence of prosecutors. While the rule seems clear cut enough, the exceptions had swallowed […]

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