What Is The Difference Between Acquittal and Dismissal?

Criminal charges can be resolved in a defendant’s favor in a few different ways. Two common ways that defendants can receive favorable outcomes are by being acquitted or by having the charges dismissed. While these both involve the charges ending, they may have different results. If you are facing criminal charges in West Chester, DiCindio Law can explain what you might expect to happen in your case and work to secure the best outcome for you.

Understanding acquittals

Acquittals are when a defendant who has been accused of a crime is found not guilty at a trial. A defendant may be acquitted by a judge following a bench trial or by a jury following a jury trial. To secure a conviction of a defendant, the prosecutor is required to prove every element of the crime to the judge or jury beyond a reasonable doubt. A person is acquitted when the prosecution is unable to meet its burden of proof for one or more of the required elements of the crime.

It is common for prosecutors to charge criminal defendants with several offenses. If you have been charged with multiple offenses and receive a not guilty verdict for each of them, you will have been fully acquitted. If you receive a guilty verdict for one offense and a not guilty verdict for another, you will have received a partial acquittal.

Can you be charged again for the same offense after an acquittal?

The Fifth Amendment’s double jeopardy clause prohibits the state from retrying you twice for a crime when you have been acquitted. This means that the same court will not be able to try you again for that offense after you have won at a trial.

For example, if you were charged with possession of heroin on a specific date and the jury finds you not guilty of the offense, the prosecutor will not be able to file new charges for possession of heroin on that date again. However, if you are caught with possessing heroin on a different date, the prosecutor could file new charges for the new offense.

When does the double jeopardy clause not apply?

If you are charged for the same offense in both federal and state court, the double jeopardy clause will not apply. This is because these two courts are considered to be separate sovereigns. If you are acquitted in state court of possessing heroin, you can still be tried in federal court for the same offense if the heroin was brought into the state in interstate commerce.

Similarly, if you are convicted in state court for possessing heroin on a specific date, nothing prevents you from being charged and convicted for the same offense in federal court. Some states do not allow defendants who were charged in federal court from later also being charged in state court. However, the U.S. Constitution says nothing about dual prosecutions of defendants in both state and federal courts.

You can also face a civil lawsuit for the same offense even if you have been acquitted of the associated criminal offense. A good example of this is O.J. Simpson. While he was found not guilty of killing Ronald Goldman and Nicole Brown Simpson in his criminal case, he later was found liable for killing them in civil wrongful death lawsuits that their families filed against him.

Dismissal vs. acquittal

In some cases, criminal charges will be dismissed by the court before the defendants’ guilt is adjudicated. A judge might dismiss a case for multiple reasons, including the following:

  • Lack of probable cause or insufficient evidence for the case to go to trial
  • Evidence was obtained in an unconstitutional manner such as a warrantless search or seizure or by failing to read the defendant his or her Miranda rights or to honor them during a custodial interrogation
  • When the prosecutor engages in egregious misconduct such as hiding exculpatory evidence

Under the Constitution, you have rights against illegal searches, stops, and seizures. The prosecutor is also required to share any exculpatory evidence that is uncovered during the prosecutor’s investigation. If a court finds that the prosecutor deliberately hid evidence, the charges may be dismissed. Similarly, the charges may be dismissed when the court finds that the manner in which the police officers conducted their investigation was unconstitutional.

What happens after a dismissal?

When criminal charges are dismissed, the judge or jury has not had the opportunity to determine whether you are not guilty or guilty by hearing the prosecutor’s case or your defense. Since the defendant’s guilt or innocence has not been determined, the charges can be re-filed at a later date. For example, it is still possible for a prosecutor to charge you again if your charges were dismissed for insufficient evidence. The prosecutor might investigate the case more thoroughly and find additional evidence to use against you. If that occurs within the statute of limitations, the case can be refiled against you.

Get help from a criminal defense attorney

If you are facing criminal charges, you should speak with an experienced criminal defense lawyer as soon as possible. Your lawyer will evaluate the evidence and work to identify all of the possible defenses that he or she might raise for you. At DiCindio Law, we will explore whether there might be grounds for your case to be dismissed. We can also build a strong defense case for trial or work to secure a favorable plea agreement. Contact our law firm today to schedule an appointment by calling us at 610-430-3535.

Why Are Criminal Charges Dropped or Dismissed?

Some people who are charged with crimes do not ever enter a plea or go to trial. Instead, the charges against them are dismissed by the judge or the prosecutor. One of the first things that a criminal defense lawyer will do is to evaluate whether there might be grounds for a case to be dismissed. Some of these grounds include the following:

  • Improper charging document or criminal complaint
  • No probable cause for the arrest
  • An unconstitutional stop or search
  • Insufficient evidence that a crime was committed by the defendant
  • Unavailability of an indispensable witness for the prosecution
  • Evidence needed to prove that the defendant committed a crime has been lost

In some instances, cases will be dismissed following a loss at trial when a defendant wins on appeal. In others, the charges are dismissed long before a trial. At DiCindio Law, we evaluate clients’ criminal cases carefully to determine whether there might be grounds for their charges to be dismissed.

Lack of probable cause for an arrest

Police officers must have probable cause that people have committed crimes before the officers can arrest them. Police officers are not allowed to arrest people because they have inarticulable hunches that they may have committed crimes. The belief that an officer has must be reasonable and based on facts. For example, if an officer sees a person pulling a gun from his or her waistband, he or she would likely have probable cause for an arrest. By contrast, if an officer sees someone who the officer thinks looks shifty but who is not doing anything that amounts to a crime, he or she would not have probable cause to arrest that person. If the officer still arrested the shifty person and subsequently charged him or her with a crime, the charges would likely be dismissed because of the lack of probable cause. However, if the prosecutor later found other evidence that shows that the person committed the crime, the charges could be re-filed.

Improper charging document

Officers must sign charging documents under oath. State laws dictate the types of information that must be contained in a charging document. If a complaint does not comply with the legal requirements because of a substantial omission or error, the prosecutor is not allowed to fix it to give to the court. If an officer writes an improper charging document and subsequently becomes unavailable, the charges against the defendant may have to be dismissed.

Unconstitutional stop or search

Police officers are only allowed to stop vehicles or people when they have reasonable suspicion to believe that a crime or traffic violation is being committed. For example, an officer can stop a car if a person is speeding but cannot just randomly stop a car because of a person’s race. If an officer stops a vehicle or a person when the officer does not have a reasonable suspicion that a crime is being committed, the stop is unconstitutional.

Police officers are only allowed to search houses, cars, and people when they have search warrants unless an exception applies. Police can search people without search warrants when the searches are incident to their arrests. They can also search homes in exigent circumstances such as when they hear screams and violent sounds coming from inside. Officers can also search people when they have reasonable beliefs that the people are carrying deadly weapons. Finally, police can search homes, cars, or people when they are given consent to do so.

If an officer conducts a warrantless search when none of the exceptions apply, any evidence that the officer uncovers during the search cannot be used against the person who is charged. If the court rules that a search or stop was illegal and that the evidence is inadmissible, the defense attorney can ask the court to dismiss the case because the prosecution does not have evidence to prove that the defendant committed the crime.

Lack of evidence

To prove a case against a defendant, the prosecutor must be able to present sufficient evidence to the judge or a grand jury to establish probable cause that the defendant committed a crime. There must be enough evidence to demonstrate a factual and objective basis for believing that a crime was committed by the defendant. If the judge or a grand jury fail to find probable cause, the charges will be dismissed. Prosecutors may also dismiss cases in which they have very limited evidence on their own.

Unavailable witnesses and lost evidence

Charges may be dismissed when key witnesses are unavailable to testify or when some important physical evidence is lost. This may happen because the prosecutor may be unable to prove that a defendant is guilty beyond a reasonable doubt. If a witness asserts his or her Fifth Amendment rights because testifying might incriminate him or her or if a witness dies or disappears, the prosecutor might not have enough evidence to prove the charges against the defendant.

In some cases, the identification of the defendant as the person who committed the criminal offense is key to the case. When the key witness is unable to identify the defendant, the prosecutor may not have enough remaining evidence to secure a conviction. When a witness says that he or she is uncertain that the defendant is the person who committed the crime, the prosecutor might decide to dismiss the charges.

Defense attorneys sometimes challenge the method the police used to obtain a witness’s identification of a defendant. For example, if the police used a photo lineup with six people, and the defendant was the only person depicted who was the race of the person who committed the crime, the judge may find that the lineup was improper and exclude the identification testimony.

Prosecutorial discretion

Prosecutors occasionally agree to dismiss criminal charges when extenuating circumstances exist. For example, a prosecutor might dismiss minor charges when questions exist about the facts of what occurred. The charges can be dismissed without prejudice, which would allow the prosecutors to refile the charges later within a specific period if new evidence of the defendant’s guilt is discovered.

In rare cases, a prosecutor might agree to dismiss the charges against a defendant when the victim asks him or her to do so. However, victims do not have the power to determine whether a case should move forward. The state is responsible for pressing charges. However, a prosecutor does have the discretion to determine what a just outcome would be. For example, if a sexual assault victim would undergo severe emotional harm by testifying about what happened to him or her and asks the prosecutor to dismiss the charges against the person who was responsible for the assault, the prosecutor might agree to do so.

Dismissals after successful appeals

When a person loses his or her criminal case at trial, he or she can appeal the verdict. If the appellate court finds that prejudicial error happened in the trial, the verdict may be vacated and the case may then be sent back to the lower court for a new trial. If the prosecutor believes that he or she will not succeed in a new trial, he or she may dismiss the case rather than trying it again.

Appeals court finds insufficient evidence to support the verdict

In some cases, the appellate court will reverse a jury verdict because the jury did not have sufficient evidence to support the finding of guilt. In most cases, the defense attorney will file a motion asking the judge to enter a judgment of acquittal that the judge denies. The defense attorney can make this argument again on appeal and may be successful. When that occurs, the appellate court will direct the trial court to enter a judgment of acquittal.

Lack of jurisdiction

Courts must have jurisdiction to hear the cases that are before them. If a court learns that it does not have jurisdiction to hear a particular case, it will dismiss it.

Contact DiCindio Law

If you have been charged with a crime, getting help from an experienced criminal defense attorney is important. A knowledgeable lawyer from DiCindio Law can review your case and determine whether there might be grounds for the charges to be dismissed. Contact us today to schedule a consultation by calling 610-430-3535.

How to Avoid a Criminal Record for First-Time Offenders

If you have a criminal record, it can seriously impact your life. A conviction can cause you to lose your job or to have problems finding a new position. Some convictions may cause you to lose your ability to get financial aid for school. You could also lose your government benefits and have trouble getting into a college of your choice or into the military. If you are a first-time offender of a minor offense, you might be able to participate in a diversion program to avoid a conviction.

Every county in Pennsylvania has its own district attorney’s office. These offices have their own diversion programs and admission requirements. At DiCindio Law, we can advise you about whether you might qualify for a diversion program and help you to apply if you do. The benefit of these programs is that your charges could be withdrawn, and you might be able to have them expunged from your record. Some of the diversion programs that are available in Chester County include the following:

• Accelerated Rehabilitative Disposition Program or ARD
• Drug Court
• Mental Health Court pre-plea or post-plea diversion

What is a diversion program?

A diversion program allows you to have your criminal case diverted away from going to trial. Depending on whether your diversion is pre- or post-plea, you might not have to enter a plea of guilty or not guilty. You may be assigned a probation officer who will supervise your progress in the diversion program. When you successfully complete it, the charges against you may be dismissed or withdrawn. They can then be expunged from your record. Commonly, these programs require you to pay fines, perform community service, attend drug and alcohol treatment, and attend other classes. You may also be required to meet with the probation officer and to submit to drug and alcohol tests. If you are placed in a diversion program, it is important that you comply with all of the instructions so that you can complete it and have your charges dismissed.

The Accelerated Rehabilitative Disposition Program (ARD)

The ARD program was created by statute and is available in all counties in Pennsylvania. If you do not have any prior arrests or have a very limited history, you might be eligible for the ARD program. The ARD program may be available to you if you are facing charges for a low-level misdemeanor, including the following types (depending on the county you are charged in):

  • DUI
  • Receiving stolen property
  • Theft
  • Harassment
  • Simple assault
  • Criminal mischief
  • Disorderly conduct
  • Retail theft
  • Passing bad checks
  • Simple possession

The District Attorney determines who can be admitted into the ARD program. Even if you are facing one of the previously listed charges, the circumstances might result in you being rejected from ARD. Conversely, if you have been overcharged, it is possible that you might gain admission to ARD even if you are facing more serious charges.

Working with an experienced criminal defense attorney may help you to gain admission to the ARD program. An attorney might know how to complete the application and who to talk to at the DA’s office in order to give you the best chances of being admitted.

Drug Court

The Chester County Drug Court Program was the second such program in the state of Pennsylvania. This program is available to people who are charged with non-mandatory drug crimes or DUIs with drug offenses who do not have any record of violent offenses. In order to be eligible to participate, you must waive your right to a preliminary hearing and legally reside in the U.S.

The District Attorney has discretion about who to admit to the drug court program. Your lawyer can submit an application on your behalf, and you will have to complete a drug and alcohol assessment. If you are accepted, you will be assigned to a probation officer for intensive supervision. You will go through several phases during the program, and you must submit to drug and alcohol tests, appear before the court for regular reviews, and comply with all of the program’s rules. You will also have to actively seek or maintain a job or engage in productive activity each day and pay costs and fines. If you successfully complete all of the phases of the drug court program, maintain your sobriety, and have stable employment (among potential other conditions) the court will dismiss your charges and you can expunge them from your record.

If you violate any of the conditions of the drug court program, you can be removed from it or receive sanctions. The program takes from 12 to 24 months and goes through four phases. If you violate the program, the program may last longer. If you are removed from it, you will face the underlying charges and will have to handle them through the regular criminal court process.

Mental health court

The mental health court program is available on a pre-plea or post-plea diversionary basis or as a referral from probation. You may be eligible for mental health court if you are diagnosed with a mental illness or a dual diagnosis of a mental illness and a substance abuse disorder and have been charged with a misdemeanor or certain felony offenses. The mental health court staff complete screenings to determine eligibility. If you are accepted into the program, you will move through four phases. If your participation was completed on a pre-plea diversionary basis, the charges may be dismissed upon your successful completion. If you were referred and accepted to the program on a post-plea diversionary basis, you will be required to complete the programs supervision requirements after pleading guilty.

Contact DiCindio Law

If you are a first offender of a low-level misdemeanor offense or are facing charges for certain felony drug offenses, you may be eligible for a diversion program. Contact DiCindio Law to learn more about diversion and whether it might be a good choice for you.


DISCLAIMER
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

How to beat a DUI

How to Beat a Driving Under the Influence (DUI)  Case

     DUI/driving under the influence offenses are some of the most frequently charged criminal offenses in the Pennsylvania. When someone is charged with a driving under the influence (DUI) offense they may immediately feel a sense of hopelessness because their liberty, driving privileges and reputation may be impacted.  This article is not meant to highlight some of the main ways someone can challenge a DUI case.

     There are programs that may permit you to avoid conviction if you are a first offender. For second or third (plus) offenders there may be treatment court options or intermediate punishment programs. This article is solely meant as an overview of the  litigation points of attack that need to be evaluated in every DUI case. Also, this is not to say that there will ALWAYS be legitimate issues in the following categories – these are the issues that a defense attorney (any worth his/her fee) MUST evaluate before making a recommendation to his client in any DUI case.

     First – the legality of the of the stop: Before any law-enforcement officer may stop a motor vehicle in Pennsylvania they must possess either reasonable suspicion or probable cause. Therefore, the first battle ground in any DUI case is whether or not the arresting officer possessed the needed legal justification to pull over and/or come into contact with the driver of the vehicle.  In these situations if the stop is found to be illegal/unconstitutional then all of the evidence that flows from it will be suppressed. If the stop is suppressed than the case must be dismissed.

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer

     Second –  whether the officer possessed the requisite legal justification to take the driver individual for a chemical test of their breath or blood: Observations, field sobriety tests, defendant admissions, portable breath tests and more play into this evaluation. There are times where there is not the requisite legal justification to take an individual for further/formal chemical test of their breath or blood.  When that is the case the results of the chemical test are suppressed and not permitted into evidence.

     Finally – issues that may present themselves at trial: These issues typically involve two main categories outside of what has already been addressed.  One of the main issues at trial is the factual argument that an individual was not driving. That is not always a defense that is available to him/her for obvious reasons.  Another argument is based upon the scientific accuracy of the chemical tests of the breath/ blood.

     There are many other arguments and defenses that may present themselves in DUI case.  Each and every factual scenario is unique and this is not an exhaustive list by any means.  Before making any decision in any criminal DUI / driving under the influence case – at a very minimum, these issues should be examined, evaluated and understood before deciding on a strategy.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County.

What do I do when I am charged with a DUI

One of the first things that people call and ask is, “What do I do when I am charged  with a DUI”

The crime of Driving Under the Influence or “DUI” is likely the most commonly charged crime in Pennsylvania. With law enforcement targeting DUI offenders – people from all walks of life are being arrested and prosecuted.

Anyone who is arrested and charged with a DUI is going to have concerns about what they will be facing moving forward. Will I go to jail? How much is this going to cost? Will my employer find out? How long will I lose my license for? All of these are normal concerns of a first offender or of someone who has prior driving under the influence convictions or arrest. Further, not only are these normal . . . they are questions that are important for you to have answers to. Some things you can do.

1. Write down as much as you can about what you remember from the evening of the arrest. When determining what the best course of action or litigation strategy is for your case every detail may matter and may impact your case or the way in which your criminal defense lawyer proceeds. Nothing is insignificant.

2. Contact and hire an attorney. DUI cases may be common but they still impact your livelihood, reputation, finances and liberty. Now is the time to find an attorney who you trust to protect your interests and defend you in your case. There are no guarantees in criminal law.  Now is the time that you need to have your questions answered and understand what the different potential outcomes may be. While a strategy should be put in place quickly it is important to still understand that we as criminal defense lawyers do not always have all the information needed immeidately in order to properly decide how is best to proceed this early on.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

3. Ask questions. There is no question that you have that shouldn’t be asked. This is a significant event for you and the outcome very well may impact you in some manner for the remainder of your life. You do not want to look back in a few years and question what you did and/or why you didn’t do something with your case. No attorney worth hiring will make you uncomfortable or be bothered by your questions. Some things to think about:

a. Cost
b. Punishment
c. Trial issues
d. Time Frames/Length of the case
e. Pre-Trial Motions
f. Diversionary Courts/First Offender Programs and options
g. Things you can begin to do to help your case

These are just a few of the many things that you should be thinking about and doing when you or a loved one has been arrested and charged with a DUI. If you have any questions or are facing DUI charges call Mike DiCindio directly today.

________________________________________
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester

When Someone is Charged with Possession of Child Pornography

Criminal Defense Chester County

West Chester Child Pornography Attorney

A large amount of law enforcement resources and efforts are spent on investigating and prosecuting those who make, possess or view child pornography.  Child pornography cases are intensely involved criminal matters where not only are the criminal penalties severe but the damage to personal reputation and career are potentially irreversible – even when one is charged unjustly.  Beyond the severe criminal punishment lies the potential of long-term or life registration as a sex offender.  Further, in many cases there is a potential that the federal government will adopt the case and prosecute it in Federal Court – leading to potentially even more serious punishment.

When someone is charged with a child pornography crime there are many investigative avenues that need to be explored.  Most of the time these charges involve computers / the internet – meaning an expert in computer forensics may provide a potential defense.  Mental health and the potential of reoffending is also a concern in many of these cases meaning that mental health professionals may be employed to help mitigate cases / sentences.  It is also important to understand that the age of the children depicted in the child pornography will potentially enhance the punishment one is facing which may become an issue that will be litigated.

Child pornography cases are involved and emotional.  Despite the fear one may feel after being charged it is crucial to hire an attorney experienced in these matters and one who is able to evaluate all potential options to provide the best defense strategy before moving forward.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester

Possession with Intent to Deliver Marijuana – Other forms

Sentencing guidelines provide Courts in Pennsylvania with the ability to have a standard range of sentences that are imposed for certain similarly situated offenders and crimes.  One of the major aims of these guidelines is to have a level of consistency in sentencing.  Each crime is assigned an offense gravity score which when combined with an offender’s prior record score on a sentencing grid provides the sentencing guidelines (all established by the legislature).

One common drug charge in Pennsylvania is distribution of marijuana.  Possession with Intent to Deliver Marijuana is a crime that is common but has also become more complicated in recent years.  In the past the only substance that was typically being sold or possessed was the actual marijuana / seeds or the plant alone.  Recently, possessing oils and other forms of THC outside of the plant and seeds creates enhanced potential sentencing penalties – and is being seen more often.  In a case where only marijuana is possessed and/or sold the sentencing guidelines may not be as high as they would be in the event that THC oil was possessed and/or sold.  This is because the THC oil is not included in the definition of marijuana in the controlled substance act of Pennsylvania. Therefore, it would be treated as a general schedule I/II controlled substance which has a higher offense gravity score under PA law.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Despite the recent decriminalization talks throughout the country and the state it is important to remember that marijuana is illegal in Pennsylvania and possessing different forms of it may create complications or higher potential penalties.

 “Marihuana” consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not;  the seeds thereof;  the resin extracted from any part of such plant;  and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin;  but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination. (See, Pennsylvania Statutes Title 35 P.S. Health and Safety § 780-102 § 780-102. Definitions


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Rule 600 in Pennsylvania

The wheels of justice turn slowly. An old saying that we who practice in the criminal defense field think about weekly – if not daily. Even though the slow crawl that criminal cases sometimes take is to be expected at times, it is important to understand that as an individual charged with a crime in the state of Pennsylvania, you have a right to a prompt trial and resolution to your case.

Criminal Defense Chester County

West Chester Criminal Defense Lawyer

First, it must be noted that the prompt trial rule or “Rule 600” is different than the statute of limitations. The statute of limitations is the amount of time that the government has to CHARGE an individual with a crime or forever be barred from doing so. Rule 600 and the prompt trial requirements instead deal with the amount of time the government has to prosecute a person once they have been charged.

There are two main portions of Rule 600. First, that the government has 365 days to commence trial once charges have been brought. If they do not do that, a motion must be filed by the defense and the charges will be dismissed with prejudice if a violation of this time limit has been found by the Court. Second, no person may be held in custody on bail for longer than 180 from the commencement of the prosecution. If this occurs the defense must file a motion and if a violation is found by the Court the defendant will be placed on nominal bail.

Obviously, this is subject to limitations and the unique circumstances of each case dictate the strength of a Rule 600 motion. For example, one of the main limitations is that time extensions requested by the defense or not attributable to the prosecution are not counted in the 365 or 180 day time period – among other things.

If you or a loved one believe that you may have a prompt trial issue or if you have been charged with a criminal offense at all, contact Michael D. DiCindio, Esq. at DiCindio Law, LLC for all of your criminal needs and begin preparing your defense today.

 

__________________

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Conspiracy

Under Pennsylvania law and throughout Pennsylvania criminal trial Courts one crime that is often seen in cases involving multiple defendants is the crime of conspiracy. Conspiracy is a separate and distinct crime and it is covered by its own statute in the criminal code. Under section 903 of the Pennsylvania Criminal Code criminal conspiracy is defined as an agreement with another that one or more of them will engage in conduct which constitutes a crime or an attempt or solicitation to commit a crime.  Alternatively, a conspiracy can be found when one agrees to aid another in the planning or the commission of such a crime and attempt or solicitation to commit a crime.

Criminal Defense Chester County - Criminal Conspiracy Cases

West Chester Criminal Defense Lawyer

Conspiracy cases are often very complicated factually

In conspiracy cases it is not always clear when the conspiracy ends and therefore what is “in furtherance of the conspiracy.”  This becomes a key question for admission of certain types of evidence.  Further, it is not always clear whether or not someone has left (renunciation) the conspiracy and no longer liable.   These and others are unique legal issues that come about in conspiracy cases.  Co-conspirator statements, testimony against other co-conspirators and many more issues may be litigated and or involved in the defense of a criminal conspiracy charge.

If you or a loved one has been charged with a criminal offense or needs representation on a conspiracy charge do not hesitate to contact Michael D. DiCindio, Esq. and DiCindio Law, LLC directly today.

  • § 903.  Criminal conspiracy.

(a)  Definition of conspiracy.–A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:

(1)  agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or

(2)  agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

(b)  Scope of conspiratorial relationship.–If a person guilty of conspiracy, as defined by subsection (a) of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, to commit such crime whether or not he knows their identity.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Self-Defense in Pennsylvania

Self-Defense in Pennsylvania

Under Pennsylvania law when a crime of violence has been alleged a criminal defense attorney must evaluate the circumstances and determine whether or not self-defense would be an available principle of justification and defense in the criminal case. Whether it be a prosecution of simple assault, harassment, aggravated assault, or even a murder or criminal homicide case, self-defense must be evaluated before moving forward with a strategy for legal defense. Under Pennsylvania law the general principle of self-defense is that the use of force towards another is justifiable if the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of force by another person on the pres

Criminal Defense Chester County

West Chester Criminal Defense Lawyer

ent occasion. Still, as with any criminal justification defense there are limits to self-defense in Pennsylvania.

For example there is a limit on the level of force that may be reasonably used which becomes a factual determination for  the jury.  There are also limits on the use of deadly force and when it can be used in a justifiable manner. Finally, there are numerous intricate scenarios where the self-defense or use of force in self-protection statute differentiates between the location of the incident.  For example, different rules may apply if someone is acting in self-defense in their home rather than in public.

Putting forth a self-defense justification defense in Pennsylvania is incredibly involved at times and usually based upon the specific circumstances of a given scenario.

If you or a loved one needs representation on any criminal matter – contact Mike DiCindio, Esq. directly.

  • § 505.  Use of force in self-protection.

(a)  Use of force justifiable for protection of the person.–The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b)  Limitations on justifying necessity for use of force.–

(1)  The use of force is not justifiable under this section:

(i)  to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

(ii)  to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(A)  the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(B)  the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or

(C)  the actor believes that such force is necessary to protect himself against death or serious bodily injury.

(2)  The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:

(i)  the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or

(ii)  the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale