Case Results

Charges Dismissed DUI Marijuana Charges
Client had a medical marijuana license for several years and was previously charged with two DUI's for having marijuana in his blood. The previous cases were resolved with pleas to the DUI offenses, making this a third offense. As a third offense our client faced a felony conviction and a mandatory minimum of one year in state prison. For our case, the traffic stop was made as the state police ran his registration and saw that it was suspended.

Continue Reading
Charges Dismissed Terrorist Threats, Simple Assault, Defiant Trespass
Client was involved in a romantic relationship for several months when things turned south. During the relationship, our client lent money to the other party for various things, and when he was confronted about paying it back, it never was. Eventually, it got to a point where the couple had a planned vacation to see the other parties family in Florida, and after multiple attempts to reach the other individual, our client went to his house to confirm if they were still going. The allegations were that she entered the home without being invited. It was further alleged that while she was inside an argument ensued and a knife was pulled out. The Commonwealth argued that the knife was pulled out with the intent to terrorize and to place their witness in fear of serious bodily injury. The police arrived on scene, took statements from both witnesses and did not initially file criminal charges. After several months of our client following up with the police to pursue criminal charges against the other individual for shoving her on the ground during the altercation, the police reopened the investigation and filed charges of terrorist threats, simple assault, and defiant trespass against our client. Although our client was entitled to a jury trial, she elected to proceed with a bench trial where the judge would rule on the facts of the case and guilt or innocence. At trial we were able to show that after the incident, but before charges were filed, the parties did take their trip to Florida together. After two separate days of testimony, the Judge ruled that the Commonwealth had not met all of the elements for each of the charges filed and found our client not guilty of all criminal charges.
Charges Dismissed 2 separate DUI’s
Client was charged with two separate DUI’s. For the first case, our client was pulled over for what the state trooper observed to be erratic driving. My client admitted to consuming alcohol and was subsequently asked out of his vehicle to submit to field sobriety tests, which he complied with. Following the tests, the trooper believed he had enough to arrest my client for DUI so he placed him in handcuffs and took him to the booking center for a blood draw. At booking my client agreed to submit to a blood draw; however, after the phlebotomist stuck our client three times in the arm with a needle without hitting a vein, the trooper directed her to stop attempting to draw blood. Although the police were not able to obtain blood from our client, they still filed DUI charges. Yes, you can face a DUI in Pennsylvania without a blood result. Of further significance for this case was that my client had his two children in the vehicle. This enhanced our client's DUI charges from an ungraded misdemeanor to a misdemeanor of the first degree.
Shortly after receiving the charges for his first offense, our client was stopped again for the same circumstances and his wife and children were in the car with him. On this occasion he admitted to the police that he had consumed alcohol and was coming from a family member's home. As with the previous offense, he was asked out of the vehicle to perform field sobriety tests, but before being placed under arrest for DUI, the trooper who had him perform the field sobriety tests stated on the dash camera video that he did not believe he was impaired. Our client was still arrested for DUI and taken in for a blood draw. As in the prior case, he willingly submitted to a blood draw, but the phlebotomist could not obtain any blood from him.
Throughout this client's cases we attempted to reach a resolution, but all conversations lead us to trial on the first case. Due to the enhancements with the children in the car, this proceeded to a jury trial. Typically for a first offense DUI, you would not be eligible for a jury trial and the case would be decided by a judge. After the jury heard all of the testimony and watched the dash camera footage for the first case, they returned a verdict of not guilty on the DUI. The second case was scheduled for the very next trial term, but at jury selection the District Attorney’s Office agreed to dismiss the DUI charge and offered a plea to the summary traffic citations. This was in large part due to my client’s willingness to submit to a blood draw as well as the trooper in the dash camera video explaining that he felt he did not have enough.
Charges Dismissed Terroristic Threats, Simple Assault, Harassment
For most of us it is hard to imagine what our health will be like when we are older. For one such client he had worked in the entertainment industry in Las Vegas for the majority of his life, was married and after retirement moved to Pennsylvania to be closer to family. After moving to Pennsylvania he began dealing with the onset of dementia and Alzheimer’s. This client had never been in trouble in his entire life and one evening sitting down at the dinner table with his wife and good friend he had an outburst that concerned and scared the people that were around him. His wife and good friend did not know what to do and contacted the police for help. Inevitably my client was charged with Terroristic Threats, a misdemeanor of the first degree; Simple Assault, a misdemeanor of the second degree; and a summary harassment charge. From the beginning it was our position that this outburst was the result of his dementia and Alzheimer’s, but the District Attorney’s Office needed more proof. The Commonwealth did initially offer acceptance into the ARD Program, which is a diversionary program that would have allowed my client's charges to be dismissed; however, this would have required my client to be on probation and to pay fees for the program. Although this was an amicable resolution, we did not want our client to have to pay additional fees and to be on probation for what we truly believed was a result of his medical condition. Thankfully, after providing detailed medical records concerning his diagnosis at the time of the incident as well as his ongoing treatment and medical appointments, the District Attorney’s Office was willing to dismiss my client's charges without the need to complete a formal program.
Charges Dismissed 2nd Offense Aggravated Assault by Vehicle While DUI.
Client was charged with a felony Aggravated Assault by Vehicle While DUI, three other DUI related offenses, possession of drug paraphernalia and three summary violations for an accident that he was involved in with another motorist. All DUI offenses were based on our client having alcohol in his system at the time of the accident. Members of the state police were dispatched to the accident and upon arrival observed heavy front end damage to both vehicles. Our client was still trapped in his car.

Continue Reading
Success on Appeal Homicide by Vehicle While DUI
Homicide by Vehicle While DUI – PA Supreme Court affirms Superior Court order ruling that police needed warrant for blood that was drawn.
On July 5, 2014, our client was charged with Homicide by Vehicle While DUI and Aggravated Assault by Vehicle While DUI as well as numerous other offenses for an accident involving a train. Our client lost his fiancé in the crash and his daughter was severely injured. Following the accident numerous police officers and medical personnel arrived on scene. Due to our client’s injuries he was taken to a nearby hospital for treatment. While at the hospital his blood was drawn by medical staff. Through the police officers investigation they obtained information that an odor of marijuana was observed coming from our client and a police officer went to the hospital to obtain a blood draw. After arriving at the hospital the officer was told that blood was already drawn so he requested that blood be sent for further testing. He did not obtain a warrant to do so. Due to the officer’s failure to obtain a warrant for the blood, we filed a motion to suppress this evidence at trial. The trial court initially denied this request, but after our client was convicted at trial and this case went on to appeal to the Pennsylvania Superior Court, the trial court wrote an opinion that it should have suppressed this evidence. When this case went before the Superior Court, they confirmed that the blood results should have been suppressed as the officer did not obtain a warrant and exigent circumstances did not exist in order to excuse the warrant. The Commonwealth appealed this ruling and the case was accepted by the Pennsylvania Supreme Court. On July 20, 2022, the PA Supreme Court reaffirmed the Superior Court’s ruling and ordered that the convictions for our client were to be vacated, the blood results are to be suppressed and the case was to be remanded to the trial court for a new trial.
Charges Dismissed 2nd Offense DUI
Client faced a 2nd offense DUI. When having difficulty sleeping, client went out spotlighting for deer when he was stopped by the police. He was stopped for crossing lane lines. Thankfully, we were able to get involved with the case and obtained a copy of the police officer’s dash camera video. The video did not show that our client’s driving was anything more than minimal deviations from his lane of travel. We filed a motion to suppress evidence arguing that the officer did not have either reasonable suspicion or probable cause to stop our clients truck and the trial court granted it. Without any evidence concerning our client’s performance on field sobriety tests or a blood alcohol content the Commonwealth agreed to dismiss the charges.
Charges Dismissed Felony Drug
Client was charged with felony drug delivery offenses for an incident where narcotics were found in the trunk of his car. Client was with a friend at a hotel who was wanted on a felony warrant. Based on intel the police had received they set up surveillance at the hotel and ultimately gained entry into the hotel room where our client was staying. After searching the room and everyone in it, they did not find anything so they released our client. Our client walked away from the hotel. After he left the scene police accessed our clients vehicle and found drugs that were believed to belong to the person they had the felony warrant for and our clients. At court, we filed a motion to suppress evidence arguing that in order to gain entry into our clients car the police needed a search warrant. The Court and eventually the District Attorney’s Office agreed. All charges were dismissed.
Charges Dismissed Driving Under Suspension DUI Related
Client was charged with Driving Under Suspension – DUI related for what the officer claimed was his third violation pursuant to Section 1543(b)(1)(iii). This section of the motor vehicle code concerns an individual who has had two prior violations under the same subsection. At the preliminary hearing we were able to argue that our client’s prior driving under suspension offenses were under a separate subsection of the motor vehicle code and his charges were dismissed. He was facing a sentence of up to a $2,500 fine and imprisonment for not less than six months.

1 / 2