DiCindio Law, LLC opens newly renovated West Chester Office

DiCindio Law, LLC opens newly renovated West Chester Office building.

Located in downtown West Chester, Chester County, Pennsylvania and built in 1900 – the firm’s building has undergone a top to bottom renovation/restoration with the idea of preserving and repairing the building to the beauty it once was and providing Mike’s client’s with a comfortable and accessible office location and atmosphere.

Mike DiCindio looks forward to continuing to serve his current and future client’s for years to come at this new location.

West Chester Criminal Lawyer and West Chester Personal Injury Lawyer

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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.

 

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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

Heroin Overdose Cases

A major focus of law-enforcement recent years and especially in recent months has been in preventing heroin overdose deaths from occurring. Heroin overdose cases have become an epidemic that law-enforcement, legislators and the communities at large are trying to combat. With the vicious effects of a heroin overdose, people must act fast. It is not uncommon to have two users together when one of them overdoses. Many times, people would be fearful to report the overdoses for fear of prosecution in the matter – and people would lose their lives. Recently, legislation has been enacted which is aimed at ending these types of situations and deaths and stopping the risk of certain criminal charges in these situations.

Chester County criminal defense

Contact Chester County Criminal Lawyer Mike DiCindio to discuss your case today

The recently enacted law permits individuals to call law-enforcement, emergency medical services or 911 and report a heroin overdose. If they provide their name and identifying information and stay with the individual who is overdosing they will be immune for prosecution for certain minor offenses (those are enumerated in the amended law) and the individual who overdoses is also immune. It should not be viewed and is not intended to be viewed as a license to commit illegal conduct, instead, it is aimed at helping to minimize the frequency of deaths from heroin overdoses.

If you or a loved one has been arrested or prosecuted in the circumstance that seems similar to the one described above contact criminal defense lawyer DiCindio Law, LLC today law speak in detail to Mike DiCindio about the facts and circumstances and determine whether or not the amended legislation applies to your specific situation.


 

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 who represents individuals accused of crimes 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

Drug Paraphernalia..Do they have to prove it was to be used with drugs?

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer Mike DiCindio

Under Pennsylvania law, there is a statute that prohibits possessing anything for:

 

“The use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.”

 

It may seem like a statute that encompasses a lot of circumstances and items – and it does. Still, what must be understood is that while many different items may seemingly “fit” under the statutes verbiage – the Commonwealth still has the burden to prove that the alleged drug paraphernalia was exactly that – drug paraphernalia.

 

How do they do that and what does it really mean? There is case law that states the Commonwealth must prove a specific intent that the item possessed or delivered was to be used with controlled substances.

 

Now, what does this mean – practically speaking?

 

The Commonwealth must provide more than the item itself. They must prove that there was the intent to use the item with/for/etc. a controlled substance. Further, a skilled criminal defense attorney should cross-examine the Commonwealth witnesses and potentially point out legal uses for the items claimed to be drug paraphernalia.

 

While there are many cases where there is other circumstantial or corroborative evidence that the item claimed to be drug paraphernalia was in fact just that – the law must be understood, and a knowledgeable and skilled criminal defense attorney will be aware of what the law requires and make sure the Commonwealth is made to meet its burden fully and completely.