Charged With Luring a Child into a Motor Vehicle or Structure In Pennsylvania

Luring a child into a structure or a motor vehicle is a serious crime in Pennsylvania and is considered to be a kidnapping offense. If you are convicted of this offense, it can have life-altering negative impacts that continue long after you have completed your sentence and your case has been closed. This type of offense is treated harshly by courts and prosecutors because it deals with children. This might mean that the prosecutor may be overzealous in his or her prosecution of you.

When you are charged with luring a child into a structure or motor vehicle, you should retain a criminal defense attorney who is experienced in handling both misdemeanors and serious felony cases. Michael DiCindio at DiCindio Law in West Chester is a highly-skilled former prosecutor and criminal defense attorney who has years of experience defending people who have been accused of all types of crimes, including luring. He can review your case and the evidence that is being used against you to identify the potential defenses that might be raised to your charges. Here is some information about luring a child into a structure or motor vehicle in Pennsylvania.

What is the crime of luring a child into a motor vehicle or structure?

Luring a child into a motor vehicle or structure is codified at 18 Pa.C.S. § 2910. Under this statute, luring a child into a motor vehicle or structure occurs when someone attempts to lure or lures a child into a structure or motor vehicle without having the implied or expressed consent of the parent of the child. When the child is younger than age 13, this offense is charged as a second-degree felony. If the child was 13 or older, this offense is charged as a first-degree misdemeanor. In the plain language of the statute, it is not a defense to the felony charge that you had a mistaken belief that the child was 13 or older.

Depending on the reason that you allegedly lured or attempted to lure the child into your car or structure, you may also be charged with other crimes. For example, if you lured a child younger than age 13 and subsequently engaged in involuntary deviate sexual intercourse with him or her, you can be charged with both a first-degree felony for the sex offense and a second-degree felony for the luring offense, which could expose you to a very lengthy prison sentence.

Relevant definitions

To understand this statute, you need to understand the relevant definitions that apply to it under the law. A motor vehicle includes any device that is self-propelled and that allows you to transport yourself, including trucks, cars, SUVs, motorcycles, vans, buses, recreational vehicles, and others.

A structure includes any enclosed structure that is not open to the public and that is large enough to hold the child such as an apartment, house, barn, building, vessel, cargo container, and others. A child includes anyone younger than age 18.

What is luring?

In Pennsylvania, it is important to understand how luring is interpreted. Luring does not mean that you simply offered to give a child a lift to his or her house. Instead, it typically means that you used some type of inducement or enticement to try to get the child to get into your vehicle or to come inside of your structure.

An enticement could include many things, including the following examples:

  • Telling the child to get into your car to see your puppy
  • Telling the child that you will give him or her candy if he or she will get in your car
  • Telling the child that you will take him or her to an arcade if he or she gets into your vehicle
  • Telling the child that if he or she comes into your home, you will let him or her swim in your pool or play video games

An inducement is more similar to a command or threat and includes the following types of conduct:

  • Telling the child that you will harm him or her or his or her family if he or she does not get in your car or enter your structure
  • Telling the child that a parent is hurt to try to get him or her to get in your vehicle

What are the penalties for luring a child into a structure or motor vehicle

If you are convicted of a first-degree misdemeanor offense of luring a child who is 13 or older into your car or structure, you will face the following maximum penalties:

  • Prison for up to five years
  • Fines of up to $10,000
  • Sex offender registration for 15 years

If you are convicted of luring a child who was younger than age 13, you will have a second-degree felony on your record. The maximum penalties will include the following:

  • Prison for up to 10 years
  • Fines of up to $25,000
  • Sex offender registration for 15 years

A felony conviction for luring will also cause you to lose some of your civil rights such as the right to possess and own a firearm, the right to perform jury duty, and the right to vote. The severity of the consequences for a luring conviction means that you should not take your charges lightly.

Collateral consequences of a luring conviction

Collateral consequences are other consequences that you might suffer outside of the court and penal system. A conviction for luring a child can lead to several collateral consequences that can have severe negative consequences beyond a prison sentence and fine.

People who are convicted of a misdemeanor or felony luring of a child will likely lose their jobs. They may also have problems securing employment in the future. If they have a professional license, a luring conviction can cause the loss of the license. Having a luring conviction can also cause you to lose your family and friends, and it can cause lasting harm to your reputation in the community. You can also have trouble finding a place to live or being approved for certain types of loans.

Potential defenses to luring

When you meet with Michael DiCindio at DiCindio Law, he will review the police reports, witness interviews, forensic interviews, and other evidence to identify potential problems with the state’s case against you and the potential defenses that might be raised in your case. One important fact to recognize is the prosecutor has the burden to prove that you committed the luring offense beyond a reasonable doubt. You do not have the burden of proving that you are innocent.

While it is true that the burden of proof is on the prosecutor, raising a strong defense is still important. Your attorney might identify constitutional problems with how the investigation was conducted and file evidentiary motions to try to suppress some of the evidence. For example, if it appears that a flawed identification procedure was used, your lawyer might file a motion to challenge the eyewitness identification of you as the person who lured the child.

Your lawyer may also review any videos that might exist of the child’s forensic interview by a trained clinical interviewer or a detective. Forensic interviews with children must be conducted in specific ways. Your lawyer might look to see if the child was led by the officer or interviewer into accusing you. If you were interrogated, the lawyer may review the custodial interrogation to see if your Miranda rights were violated or if any inculpatory statements that you made were coerced.

In addition to constitutional problems, your defense attorney will also review your case to see if one of the following types of defenses might be raised:

  • You didn’t lure the child and were instead trying to protect his safety or health
  • Other circumstances existed that made you believe that the child needed help
  • You were not the person who lured the child into a motor vehicle or structure
  • You were somewhere else when the offense occurred and have an alibi
  • You had the consent of the child’s parents to invite him or her into your home

The particular defenses that might apply in your case will depend on what happened. Your attorney may identify other defenses beyond these that can be raised.

What to do if you are arrested on suspicion of luring

If you are arrested and charged with luring a child into a structure or motor vehicle, do not resist the officer. You do not have to make any statements, and you should avoid making them. Do not think that you can talk your way out of an arrest or charge. You have the right to remain silent, and you should use that right.

If the officers try to question you about the alleged offense, tell them that you want to remain silent and that you want to talk to an attorney. When you assert your rights, the questioning must end. If you are held in jail, don’t talk about why you were arrested, and do not discuss anything about what happened to your friends or loved ones over the phone from the jail. Jail calls are recorded and can be used against you by the prosecutor.

You should never talk to the prosecutors or police without a lawyer being present. The things that you say can be used against you, and your statements may be taken out of context.

Once you retain an attorney, he or she will see if there is enough evidence for the prosecutor to be able to prove his or her case against you. If the reason for luring the child was lawful, your attorney will look for evidence showing that you asked the child to get into your car or to enter your structure for a lawful reason. If you had the parent’s consent, your attorney will try to find witnesses who can confirm that.

Get help from an experienced defense lawyer at DiCindio Law

Crimes against children and kidnapping offenses are viewed harshly in Pennsylvania. When you are facing a luring charge, you should anticipate that the prosecutor will be determined to secure a conviction and a harsh sentence. You should choose an experienced criminal defense lawyer who understands how prosecutors build their cases so that he or she can anticipate the arguments that the prosecutor might raise and effectively counter them.

As a former prosecutor, Michael DiCindio at DiCindio Law clearly understands how prosecutors approach their cases. He has experience working on both sides and knows how to challenge evidence and build strong defense cases. Contact our office today to schedule a free consultation by filling out our online contact form.

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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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.

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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

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

Limited Tort and Full Tort

Under Pennsylvania law, there are two main types of insurance coverage for motor vehicles.  First, is called “limited tort” and the second “full tort.”  The main difference between limited tort and full tort is that when one has a limited tort policy, if they are injured in a car accident by the negligence of another person they are only entitled to recover for economic damages (i.e. – out of pocket expenses).  Under a full tort policy one injured in the same manner would be able to recover non-economic damages (i.e. – pain and suffering, etc.). While full tort policies are typically more expensive it is obvious why you may wish to pay the higher premium for this coverage in the event of a car accident.

Car Accident Attorney West Chester

Car Accident Attorney West Chester

While an individual cannot seek recovery for non-economic damages for injuries suffered in a car accident under a limited tort policy the law permits them to do so in the event that the injury they suffered was falls within the definition of “serious injury.”  The law defines serious injury as injuries of one or more impaired body functions; and whether that impairment of a body function was serious.  In determining whether the impairment of a body function was “serious” there are factors that are to be considered such as the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors.

It is important to hire a skilled and experienced personal injury/car accident attorney when you or a loved one has been injured in a motor vehicle accident.  Contact Mike DiCindio and DiCindio Law, LLC to discuss your case today.

Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

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

 

 

Michael D. DiCindio, Esq. Awarded the 2015 Top 10 Under 40

DiCindio Law, LLC attorney Michael D. DiCindio, Esq.  was recently awarded the 2015 Top 10 Under 40 in Pennsylvania Award for criminal defense lawyers by the National Academy of Criminal Defense Attorneys.

criminal defense and personal injury

West Chester Criminal Defense and Personal Injury lawyer Michael D. DiCindio, Esq.

Michael DiCindio, Esq. handles all types of criminal defense matters and represents people in West Chester, Chester County, Montgomery County and throughout the Greater Philadelphia Area.  Michael also is actively involved in representing individuals who have been injured by the negligence of others in personal injury matters.

If you or a loved one has been arrested or charged with a criminal offense, contact DiCindio Law, LLC to speak directly with attorney Michael D. DiCindio, Esq. and discuss your case today.

Are they credible? IMPEACH THE WITNESS! Prior Convictions and credibility…

West Chester criminal defense

Contact West Chester criminal lawyer Michael DiCindio, Esq. to discuss your case today

The trial binder is complete, the opening ready, the closing prepped and the jurors are in the jury box.  It is time now to go through the process our justice system calls a trial.  Both sides have a chance to present evidence – through the form of documents, exhibits and most importantly and commonly – witness testimony.  But how are we able to show the jury that certain witnesses may not be credible? That some witnesses just shouldn’t be believed?  Among many other things, one great way to attack a witness’s credibility is to elicit evidence of their prior convictions. But is it all of their prior convictions that we should/could introduce?  No.  Why?  Because the crimes that Pennsylvania law permits for impeachment directly correspond with honesty.  A good trial attorney will not miss a chance to attack a witness with an applicable conviction when they take the stand.

Under Pennsylvania Rule of Evidence 609(a) an attorney may attack the credibility of any witness, including the defendant with evidence that the witness has been convicted of a crime if it involved dishonesty or false statement. Pa. R. Evid 609(a). Therefore, under Pennsylvania Rule of Evidence 609(a) they shall be admitted to impeach the credibility when a witness chooses to, or does, testify at trial. See, Pa. R. Evid. 609(a

A prior crimen falsi conviction is per se admissible for impeachment purposes if the later of either the conviction date or the last day of confinement falls within 10 years of trial. See, Pa. R. Evid. 609; see also, Commonwealth v. Trippett, 932 A.2d 188 (Pa. Super. 2007).

When a prior conviction is older than 10 years old, that does not end the inquiry as to admissibility.  They are per se admissible when the last date of confinement was within the past ten years.  The Pennsylvania Supreme Court has held that a crimen falsi conviction may be used to impeach the credibility of a witness if he has been confined for that conviction within ten years, even if the incarceration was due to recommitment for a parole violation. Commonwealth v. Jackson, 585 A.2d 1001 (Pa. 1991) (emphasis added).

Further, when there is confinement within the past ten years, it is not necessary for the trial court to engage in a case specific balancing inquiry as to admissibility. See, Commonwealth v. Jackson, 561 A.2d 335 (Pa. Super. 1989) affirmed, 585 A.2d 1001 (Pa. 1991).

Being a trial attorney takes skill, common sense, determination, and knowledge of the law.  Being effective on cross examination is no different.  When a witness has a crime of dishonesty on their record – a skilled trial attorney will know how and when to properly impeach their credibility.


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