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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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

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

Possessing Instruments of Crimes

When an object or weapon is involved in the commission of a criminal offense, a common charge that will be levied against an individual is that of “Possessing Instruments of Crimes.” This charge is found in title 18 section 907 of the Pennsylvania Criminal Code.

What must be evaluated in these cases is whether or not the person intended to employ any instrument of crime in a criminal manner. Importantly, there need not be what is generally termed as a “weapon” in order to be found guilty of this offense. Unlike what most may generally think – a knife or a gun, an instrument of crime is defined as anything that fits with in the following definitions. First, anything specifically made or specifically adapted for criminal use. Second, anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses that it may have.  Finally, anything commonly used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

An example of a situation where a normal everyday object may be viewed as an instrument of crime would be when a crowbar is used to break into somebody’s home or vehicle. That is not the lawful and intended purpose of a crowbar therefore it would fit under the definition of this crime.

If you or a loved one has been charged with a crime or are the subject of a case where Possession of an Instrument of Crime is charged contact Mike DiCindio, Esq. and DiCindio Law, LLC directly today.

 

  • 907.  Possessing instruments of crime.

(a)  Criminal instruments generally.–A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

(b)  Possession of weapon.–A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c)  Unlawful body armor.–A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.

(d)  Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Body armor.”  Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.

Criminal Defense Chester County

West Chester Criminal Defense Lawyer

“Instrument of crime.”  Any of the following:

(1)  Anything specially made or specially adapted for criminal use.

(2)  Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

“Weapon.”  Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.


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

Merger of Criminal Offenses

Many times individuals enter a lawyer’s office wondering why they have been charged with numerous counts of the same or similar offense. While it is not always the case, it is important to know what crimes will or may “merge” for sentencing purposes after trial and conviction.  The legal explanation of merger of criminal offenses is detailed below, but the simple way to describe it is that when one crime merges with another, the defendant will only be sentenced on one – showing the obvious necessity of understanding this concept in practice.

To determine whether crimes merge for sentencing purposes, Merger of criminal offenses is governed by 42 Pa.C.S.A. § 9765, titled, “Merger of Sentences”, which provides as follows:

No crime shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense.  Where crimes merge for sentencing purposes, the court may sentence the defendant only on the higher graded offense. 42 Pa.C.S.A. § 9765.

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West Chester Criminal Defense Lawyer

Each case, crime, and factual scenario must be addressed.  The Pennsylvania Supreme Court has explained the basis for isolating the particular portion of a statute at issue when determining whether two crimes merge.  The Baldwin Court stated:

“Therefore, while Section 9765 indeed focuses on an examination of “statutory elements,” we cannot ignore the simple legislative reality that individual criminal statutes often overlap, and proscribe in the alternative several different categories of conduct under a single banner. See, e.g., Aggravated Assault, 18 Pa.C.S. § 2702 (defining seven distinct violations of law); Involuntary Deviate Sexual Intercourse, 18 Pa.C.S. § 3123 (setting forth eight separate violations). Consequently, in such cases, we caution that trial courts must take care to determine which particular “offenses,” i.e. violations of law, are at issue in a particular case. See, e.g., Commonwealth v. Johnson, 874 A.2d 66, 71 n. 2 (Pa.Super.2005) (recognizing that a particular subsection of a criminal statute may merge with another crime as a lesser-included offense even though a different subsection of that same statute may not).  Com. v. Baldwin, 985 A.2d 830, 836 n.6 (Pa. 2009).”

In a criminal case, it is important to have an attorney who understands these concepts and knows when to raise these issues and how to effectively and persuasively argue this to a Court if it is a situation where the Commonwealth does not agree.  If you or a loved one has been accused, charged or convicted of a crime and are in need of legal help contact Mike DiCindio directly.

 


 

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

Aggravated Assault by Vehicle

While many car accidents are just that, accidents, there is a few circumstances that may turn an accident into a criminal proceeding. Aggravated Assault by Vehicle is a very serious offense which has serious ramifications to the accused’s reputation, livelihood, and future.

When an individual causes serious bodily injury to another person while engaging a violation of any law of the Commonwealth of

West Chester Criminal Lawyer

Chester County Criminal Defense

Pennsylvania which applies to driving will be guilty of a Felony of the Third Degree.

The key distinction between an accident and a case becoming a criminal matter is if the violation occurred with recklessness or with gross negligence. That becomes a question in which our case law in Pennsylvania has provided guidance. Nonetheless, these are serious situations and an allegation of committing Aggravated Assault by Vehicle can have a devastating impact on the individual accused. An aggressive defense must be mounted immediately in order to quickly and completely preserve evidence, evaluate potential defenses, and consult with expert witnesses about whether there are valid defenses to the allegations.

If you or a loved one is facing prosecution for an allegedly violation of the Aggravated Assault by Vehicle statute, contact Mike DiCindio directly to discuss your case and begin planning your defense.

 

 

Title 75 § 3732.1.  Aggravated assault by vehicle. (Pennsylvania)

(a)  Offense.–Any person who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except section 3802 (relating to driving under influence of alcohol or controlled substance), is guilty of aggravated assault by vehicle, a felony of the third degree when the violation is the cause of the injury.

(b)  Sentencing.–

(1)  In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed two years’ confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.

(2)  In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) as the result of a violation of section 3325 (relating to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver in emergency response areas) and who is convicted of violating section 3325 or 3327 may be sentenced to an additional term not to exceed two years’ confinement when the violation resulted in serious bodily injury.

(3)  The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.

(4)  The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section when the violation occurred in an active work zone or was the result of a violation of section 3325 or 3327.


 

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

Preservation of Evidence

The preservation of evidence in criminal cases is incredibly important for the prosecution. For that reason and many more the preservation of evidence is crucial for the defense of a case, as well. No matter what criminal charge is currently pending against someone, as soon as possible after charges are filed, it is important for a defense attorney to preserve as much relevant and/or exculpatory evidence that he can in to begin to prepare a defense.

West Chester Criminal Lawyer

Chester County Criminal Defense

The Commonwealth dedicates significant resources and has what seems to be unlimited investigation tools at its disposal. When a client comes into a criminal defense lawyer’s office it is important to spending time speaking in detail about the case and the specific facts and circumstances. That will permit the lawyer to determine what investigation must be done. What evidence must be preserved. And what must be investigated further through the aid of a private investigator or in some circumstances and when appropriate the attorney himself.

 

This is true no matter what type of case. In a Driving Under the Influence, or DUI, cases there may be proof that someone was not driving, or evidence that can show they were not drinking. In assault cases there may be witnesses who can testify to the other parties being the first aggressor or a video that shows that the person who is charged shouldn’t have been charged. From a public drunkenness case all the way to a criminal homicide investigation preservation of evidence must be done swiftly and completely in order to properly prepare a defense.

 


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

Entrapment – I know the word, but what does it really mean?

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer Mike DiCindio

 

It is not uncommon for someone who as been arrested to believe that they were entrapped. It is a word that is generally known, but not generally understood by those who are not involved in the criminal justice system.

 

In order for an entrapment defense to succeed, the person being prosecuted must prove by a preponderance of evidence that his conduct occurred in response to entrapment. That begs the question . . . what is entrapment?

 

Under the Pennsylvania Crimes code, entrapment is clearly defined and requires the following (Taken from Pennsylvania Criminal Code § 313):

  • A public law enforcement official or a person acting in cooperation with public law enforcement.
  • Acting for the purpose of obtaining evidence of the commission of an offense
  • He induces or encourages another to engage in conduct constituting such an offense by either of the following:

1.  Making a knowingly false representation designed to induce the belief that such conduct is not prohibited

OR

  1. employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

There are numerous considerations that must go into the decision to argue the entrapment defense. Again, while it is generally a known word – the understanding and applicability of it should be analyzed by a criminal defense lawyer before deciding to further the defense.

 


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 DiCindio 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

 

 

Search Warrant – What is required and how is one challenged

West Chester Criminal Lawyer

Contact Chester County Criminal Defense and DUI lawyer Mike DiCindio today.

Drug cases, gun cases and many other countless cases in the criminal system begin with a search warrant. At times, some of these cases also end with a search warrant. If a search warrant is involved in a criminal case, a criminal defense attorney should review the warrant in depth and with a fine tooth comb for all potential flaws and/or legal deficiencies.

Before a search warrant is approved, a law enforcement officer must allege facts in an affidavit of probable cause. The evidence and facts in support of a warrant must lead to the conclusion that probable cause exists to believe the items the officers are looking for are connected with criminal activity and that the items will be found in the place that to be searched under the warrant. If a neutral judge finds that probable cause exists – the search warrant will be approved.

Within the request in the warrant – the items/person being sought and the place to be searched must be described with particularity. Meaning, there should be nothing left to the discretion of the officers when they are describing the “things” to be seized AND it should give the officers ample information and description in order to allow them to identify the things and places to be searched and seized. “General” warrants are frowned upon in our system.

As a criminal defense attorney, it is important that whenever a warrant is involved in a matter, all portions and documents of the warrant must be obtain and reviewed thoroughly. If any of the requirements of the rules and constitutional protections governing the issuance of warrants seem to be lacking a motion should be filed to address this matter before the Court. If the warrant is found to be legally deficient or defective and no exception to the warrant requirement is present – the remedy may be suppression of the evidence seized.

If you or a loved one has a criminal case involving a search warrant, call West Chester Criminal Defense Lawyer Mike DiCindio to schedule your free consultation.


 

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.  Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.

Mike DiCindio is a 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 as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.