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