Areas of Practice
View Larger Map
|
Archive for the ‘Criminal Defense’ Category
Thursday, October 20th, 2011
Traffic violations cover a variety of areas, and there are many types of violations a driver can be charged with. These violations can range from running a stop sign, to not driving with a seatbelt, but both of these violations are ticket-worthy because the discipline of the ticket will help protect the lives of the pulled-over drivers, and other drivers on the road as well. However, there seems to be a new problem in the area of law enforcement officers giving traffic tickets called: “officer discretion”.
Essentially, officer discretion is when a police officer decides to give someone a lesser ticket for what they actually did. For example: if someone driving forty miles over the speed limit, and an officer decides not to make them pay that hefty of a fine, he might charge them with something as little as a broken break light. Officers are more apt to give lesser tickets when the driver is apologetic, or if the driver has a spotless driving record. The fact that some officers choose to let some people off the hook is absolutely unacceptable.
Law enforcement officers are supposed to hold citizens accountable for breaking the law, and if a driver has seriously violated the law, they need to be punished. Letting drivers off easy does not teach them to not drive vastly over the speed limit, or to not run red lights; if they do not ever have to pay the penalty for it, why should there be any reason for them not to break the law?
Drivers always promise officers that they will change their ways and become more cautious on the road, but that is hardly ever the case. Officers need to be stricter, and less gullible when it comes to traffic violations. There is a reason that there are “rules of the road”, and it is careless to let drivers get away with their crime. If drivers are not held accountable, there will be no reason for them to stop breaking the law; and this mindset not only puts their lives in danger, but it recklessly endangers other drivers as well.
Also, law enforcement officers are supposed to enforce the law, and hold people to it; by letting careless drivers off the hook, they are single-handedly putting innocent citizens in danger, and giving law-breaking drivers reign over the roads. This “officer discretion” should not be allowed to persist.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh Criminal Lawyer
Posted in Criminal Defense | Comments Off
Thursday, September 8th, 2011
In many drunken driving charges, police are using a template to fill out the field sobriety test report. They are putting DUI charges into a one size fits all category which is not the case by any means. The reports are basically being written before the person is arrested and the sobriety tests are performed. These templates contains many facts like symptoms, the way the person in question appears to look, as well as how they respond to sobriety tests. It leaves a lot of information out of the report as well as adds information that may or may not have been present.
An issue that closely ties with the DUI templates is the increasing commonness of rubberstamping approval of these DUI charges. Rubberstamping is where a subordinate has the authority to sign their superior’s name. It is so common, officers are developing complacence about it. Rubberstamping has been going on for about a year. A supervising officer must review and approve all arrest reports. That is why rubberstamping comes into play. In Seattle, police are doing an internal investigation looking at drunk driving cases that are in question of being mishandled.
As a result, some cases have been put on hold. The police are reviewing current and past cases to find out if they may be influenced by any findings from the investigation. The investigation is focusing on arrests that were not done properly or did not follow procedure by being approved by a commanding officer. Four of the five members of the DUI squad were put on desk duties due to this investigation. A 32-year-old veteran of the force is in question of approving DUI arrests by phone and allowing officers to rubberstamp his name onto the form. Investigators are looking into the situation into the situation to see if the commanding officer’s name could have been rubberstamped without his prior knowledge.
Supervisors are supposed to come to the scene and access the situation as well as the suspect. It’s the supervisor’s job to decide what needs to happen with the suspect and ensure all the evidence is properly handled. You can see where rubberstamping can cause a huge problem. All the cases in which that happened now must be reviewed.
Actions such as these cause people to question the integrity of the police who are supposed to serve and protect. With our hard earned tax dollars continually paying the law enforcement and federal law employees, if issues like these continue, who can imagine the future standard of our police officers?
With a focus on thorough preparation, superior client service and dedicated representation, as a Pittsburgh criminal attorney I help families and individuals solve a wide range of DUI and criminal litigation issues throughout the state of Pennsylvania.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: blood testing, DUI, Pittsburgh DUI Attorney, Pittsburgh DUI attorneys
Posted in Criminal Defense | Comments Off
Wednesday, August 24th, 2011
Miranda rights are critical rights that are designed to protect certain key Constitutional rights of a person accused of a crime including the right to counsel, the right of indigent defendants to have an attorney appointed and the right against self-incrimination. These are separate and independent rights that must each be specifically invoked. It is often the case that “confessions” or incriminating statements by the police will constitute the most compelling evidence against the accused. Ironically, this is generally evidence that would not exist if it was not provided by the person accused of a crime. A failure to assert your right to an attorney and right to remain silent is a critical mistake and will encourage the police to continue to try to obtain evidence to justify an arrest or provide probable cause to support a search or arrest.
If you are arrested, it is important that you immediately assert these critical Constitutional rights so that an experienced criminal defense attorney can protect your interest. The police are experienced in interrogating witnesses and may lie or trick you into believing that certain admissions will help you. In reality, there is nothing that you are going to tell the police prior to having an attorney present that is going to “make it go away” so that you can go home. If you are taken into custody (i.e. arrested) and are not given the Miranda warning your criminal defense attorney may make a motion to have any incriminating statements that you make during your custodial interrogation suppressed so that they may not be used as evidence against you.
The police do not have an obligation to provide the Miranda warning until you are in custody (i.e. under arrest). If the police approach you and ask you to answer questions, the very first thing you should do is decline to speak to them without an attorney. If the officers do not honor your request for your attorney, you should ask the police if “you are under arrest or free to leave.” This is a critical question because if you are not free to go this triggers the protections of Miranda. If you do not ask this question, the police will argue that you were not advised of your Miranda rights because you were not yet under arrest. This single question is sufficient to give rise to your right to a Miranda advisement regarding your rights against self-incrimination and right to counsel.
If you have not yet been arrested and do not expressly assert your Miranda rights, your answers may be viewed as voluntary and given in a non-custodial situation so the statements will typically be admissible against you. Spontaneous statements made after an arrest, which are not elicted by the words or conduct of the police may also be admissible. Physical evidence that is discovered as a result of statements taken in violation of Miranda may also be admissible depending on the specific facts of your case.
Many people talk to the police because they are afraid that their silence will be interpreted as an indication that the person has something to hide or had done something wrong. However, your decision to decline to speak with the police is simply an exercise of your Constitutional rights and cannot be used against you at trial. However, your silence prior to exercising your Miranda rights or being taken into custody may be used against you. If the police speak to you regarding a belief that you committed a crime, the prosecutor at trial may comment regarding your failure to deny the accusation or indicate surprise.
An experienced Pittsburgh criminal defense attorney will protect your rights and help you avoid making mistakes, such as volunteering damaging statements that may become the most compelling evidence against you. Your decision to promptly contact a criminal attorney before speaking with the police can be the key factor in preserving your freedom.
For an effective criminal defense strategy, call us today at 412-475-9217 or toll free at (855) DUI-CRIME
Experienced Pittsburgh criminal defense attorney Michael V. Worgul represents those accused of a crime. If you have been arrested in Pittsburgh or anywhere in Allegheny County, we are prepared to advise you of your rights and help you formulate the most effective defense strategy so call us today at 412-475-9217.
Tags: Pittsburgh criminal defense attorney, Pittsburgh criminal defense attorneys, Pittsburgh criminal defense lawyer, Pittsburgh criminal defense lawyers
Posted in Criminal Defense | Comments Off
Friday, May 13th, 2011
Search and seizure law under the United States Constitution is varied and complex. It generally arises in the context of the police finding evidence, such as drugs, and bringing a criminal case based on the evidence seized. The Fourth Amendment of the U.S. Constitution provides that a warrant is generally required when police search a person’s home or vehicle subject to many exceptions to that rule. One of the issues that courts often face involve the legality of seizures of evidence that occur in houses or dwellings. The case of Commonwealth v. Soto, 23 Phila. 132 (Pa. C.P. 1991) provides an illustration of the critical role of a warrant when police search a person’s home and seize evidence to be used in a Pennsylvania criminal prosecution.
In Soto, the Commonwealth sought review of an order that granted defendant’s motion to suppress certain physical evidence that was seized in a warrantless search incident to defendant’s arrest. After defendant was arrested, the police conducted a warrantless search and recovered packets of heroin. The court found that the Commonwealth made no claim that the warrantless search was consensual or that the property seized was abandoned both of which would have justified the lack of a warrant.
The court further held that although the Commonwealth presented testimony that the evidence was in plain view, such visibility did not convert the illegal entry into defendant’s home and subsequent search into legal ones. The court determined that the Commonwealth did not present any evidence that would have permitted the warrantless search under its claim that there were exigent circumstances (i.e. emergency). The court reasoned that no evidence was presented as to why the five officers on the scene would not have been able to secure the house while a warrant was obtained. The court affirmed the order granting defendant’s motion to suppress the heroin.
The Soto case shows that courts place more scrutiny on warrantless search and seizures that occur in houses rather than searches of one’s person following an arrest on a public sidewalk. The case also illustrates how certain warrant exceptions apply to a particular case. If the defendant has agreed to allow the search (i.e. consensual search) or had discarded the drugs or drug paraphernalia in the garbage, the seizure might have been justified on the basis of abandonment depending on the location of the trash. If the heroin had been discarded into the trash and subsequently placed on the curb, the seizure might have been permissible.
The prosecution also tried to use two other warrantless exceptions that were rejected. The prosecutor claimed that the drugs were in plain view. This defense was rejected because the prosecutor was basically bootstrapping. The officers could not claim that the search was legal because the drugs were in plain view when the only reason the drugs were in plain view was because of the officers illegal entry into home without a warrant.
Finally, the government tried to assert that the exigent circumstances exception applied. Ironically, this exception may have been made inapplicable by the arrest of the defendant. The exigent circumstance exception to the warrant requirement typically applies to emergencies like someone being in physical danger or the immediate threat of destruction of the evidence. Since the defendant was in custody and 5 officers were at the scene the officers could have preserved the scene to ensure no destruction of evidence occurred until a warrant could be obtained.
The heroin in this case was excluded which meant that the state did not have the critical evidence needed for a conviction. Pennsylvania criminal defense attorney Michael V. Worgul frequently uses warrant violations to get critical evidence suppressed in criminal cases. This strategy can be especially effective in cases involving drug offenses.
If you have been arrested and are facing criminal charges, the Pittsburgh criminal defense law firm of Michael V. Worgul may be able to seek dismissal or at least a reduction in the charges pending against you. We offer a free initial case evaluation so that we can assess your case so contact us at 412-475-9217.
Tags: lack of warrant to search, Pittsburgh criminal defense law firm
Posted in Warrants and Detainers | Comments Off
Sunday, February 20th, 2011
Under the Second Amendment to the United States Constitution, every citizen has the right to own, and with special permission, carry a firearm. Of course, any responsible gun owner knows that firearms are only as safe as the person handling the weapon. Certainly, when guns fall into the wrong hands, the consequences can be deadly. If you are accused of a gun crime charge in Pittsburgh or Pennsylvania, the government will certainly be treating the charges as serious as the results of irresponsible firearm use. For this reason, you should consult an experienced Pittsburgh criminal lawyer as soon as possible to explore your options in defending against a gun charge.
The two most charged firearm offenses in Pittsburgh are Carrying a Firearm Concealed Without a License and Person Not to Possess a Firearm. Less often charged gun crimes are Persons to Whom Delivery Shall Not be Made, Illegal Sale or Transfer of a Firearm, and Altering or Obliterating Marks of Identification. As a seasoned Pittsburgh and Allegheny County criminal lawyer, I know that most of these offenses constitute felonies, and the punishment can be harsh for a violation.
Before I can get into detail about the specific offenses, we must first be clear about what the law means by the word “Firearm.” A qualified Pennsylvania criminal lawyer will know that that there is a specific definition for firearm in the PA crimes code. If the item in your case does not fit that definition, your case can potentially be dismissed. According to 18 Pa.C.S.A. §6102, the term “Firearm” means “[a]ny pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.” Now that we have sufficiently defined “Firearm,” lets move on to the specific offenses.
Schedule an appointment now with Pittsburgh Criminal Lawyer Michael V. Worgul, at (412) 475-9217 or 1-855-DUI-CRIM.
Carrying a Firearm Concealed Without a License
As I mentioned before, the United States Constitution guarantees the rights of the citizens to bear arms. But the best criminal attorneys in Pittsburgh know that this does not states from regulating weaponry for public safety. Therefore, the law mandates that it is illegal to carry a firearm concealed without a license. The moment that you conceal a gun on your person or transport it in your car (there are exceptions to this rule) and you have not obtained a permit to do so, you can be charged with illegally carrying a firearm.
Person Not to Possess a Firearm
The right to possess a gun is one of the easiest rights to lose in this country. Top Pennsylvania criminal attorneys know that, depending on your background, you may be ineligible to purchase a firearm. You may not even realize that you are ineligible and still be charged with these criminal offenses in Pennsylvania. If you have been convicted of any of the following, you are prohibited from possessing a firearm in Pennsylvania and most other states:
- prohibited offensive weapons
- corrupt organizations
- possession of weapon on school property
- murder
- voluntary manslaughter
- involuntary manslaughter – “if the offense is based on the reckless use of a firearm”
- aggravated assault
- assault by life prisoner
- assault by prisoner
- stalking – “if the offense relates to stalking”
- kidnapping
- unlawful restraint
- luring a child into a motor vehicle
- rape
- involuntary deviate sexual intercourse
- aggravated indecent assault
- arson and related offenses
- causing or risking catastrophe
- burglary
- criminal trespass – “if the offense is graded a felony of the second degree or higher”
- robbery
- robbery of motor vehicle
- theft by unlawful taking or disposition – “upon conviction of the second felony offense”
- theft by extortion – “when the offense is accompanied by threats of violence”
- receiving stolen property – “upon conviction of the second felony offense”
- impersonating a public servant – “if the person is impersonating a law enforcement officer”
- intimidation of witnesses or victims
- retaliation against witness or victim
- escape
- weapons or implements of escape
- riot
- prohibiting of paramilitary training
- firearm by minor
- corruption of minors
- sale or lease of weapons and explosives
- “[a]ny offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth, or any offense equivalent to any of the above enumerated offenses under the statutes of any other state or of the United States.”
- weapons of mass destruction, and
- facsimile weapons of mass destruction.
Again, there are exceptions to the rule, but absent an exception, the PA courts have treated this as a strict liability offense. Even first time offenders of this law are usually facing jail time. As such, the importance of a Pittsburgh defense lawyer cannot be overstated.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh Criminal Lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Gun Charge Pittsburgh, Pittsburgh Criminal Lawyer
Posted in Criminal Defense, Gun Crimes, Second Amendment, Violent Crimes | Comments Off
Friday, February 18th, 2011
If you are charged with a 1st degree Assault in Pennsylvania (or Aggravated Assault), Pittsburgh, or Allegheny County, you are facing felony charges and potential jail time even if you are a first time offender. The matter is even more complicated if you have been previously convicted of a “crime of violence,” whether or not it happened in Pittsburgh or Pennsylvania. An experienced Pittsburgh Criminal Attorney knows that with previous convictions for crimes of violence you could be facing upwards of life imprisonment without the possibility of parole.
In order to achieve the best criminal defense in Pittsburgh, or anywhere else in Pennsylvania, you must first know what constitutes a crime of violence. The qualified Pennsylvania criminal attorney will tell you that the following are all considered violent crimes in both the Allegheny County Courts and other Pennsylvania courts:
- Murder of the Third Degree,
- Voluntary Manslaughter,
- Aggravated Assault as defined in 18 Pa.C.S.A. § 2702(a)(1) or (2),
- Rape,
- Involuntary Deviate Sexual Intercourse,
- Aggravated Indecent Assault,
- Incest,
- Sexual Assault,
- Arson as defined in 18 Pa.C.S.A. § 3301(a),
- Kidnapping,
- Burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present,
- Robbery as defined in 18 Pa.C.S.A. § 3701(a)(1)(i), (ii) or (iii),
- Robbery of a Motor Vehicle,
- Criminal Attempt, Criminal Conspiracy or Criminal Solicitation to Commit Murder, or
- Any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.
Contact Pennsylvania Criminal Attorney Michael V. Worgul, now at (412) 475-9217 or 1-855-DUI-CRIM for a free consultation of your case.
You do not need to be a Pittsburgh Defense Attorney to see that this list is extensive. As extensive as the list is, top Pennsylvania Criminal Attorneys will advise that the consequences of repeating an offense listed above can be very harsh. I you are facing a violent crime charge in Pittsburgh or Pennsylvania for one of the above offenses, and you have previously been convicted for one of the above offenses, you should contact an experienced Pittsburgh Criminal Attorney immediately for the following reasons:
- Second Violent Offense – requires the court to impose a mandatory minimum sentence of not less than 10 years and a maximum of not less than double the minimum (at least 20 years if not more).
- Third or Subsequent Violent Offense – requires the court to impose a mandatory minimum sentence of not less than 25 years and a maximum of not less than double the minimum (at least 50 years if not more). If the court determines that 25 years is not sufficient to protect the public safety, the court may sentence the offender to Life Without Parole!
Those two paragraphs can be very sobering and they bring into sharp focus the need for an experienced PA Criminal Attorney. Properly consulted, a seasoned Pennsylvania or Pittsburgh Lawyer may find exceptions to this rule that can save years of you or a loved one’s life. This may be accomplished in one of several ways:
- Notice – quite simply, if the DA does not give adequate notice prior to sentencing that he/she will seek the mandatory sentencing provisions, the court is not obligated to accept the recommendation.
- Prior Convictions From Other States – when the prior offenses occurred in other states, the court must apply a complicated test to determine whether the other state’s crime is sufficiently similar to Pennsylvania’s crime. If not, the prior crime will not count for purposes of mandatory sentencing.
- Prior Convictions in Same Disposition – consider the following scenario: “A” commits Robbery on Monday and Kidnapping on Tuesday. On Wednesday, A pleads guilty to Robbery and Kidnapping at the same time and is sentenced. On Thursday, A commits Arson. When A is sentenced for Arson, for the purposes of mandatory sentencing, A will only be deemed to have committed one (1) prior crime of violence according to current PA criminal law.
The crimes of violence can often take the form of criminal assault in Pittsburgh or Pennsylvania. Certainly, domestic violence crimes often lead to charges listed as crimes of violence. When you seek criminal attorneys in Pittsburgh, be sure to seek one with experience handling violent crime as well as significant trial experience.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh Criminal Attorney Michael V. Worgul, directly at 412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Best Criminal Defense in Pittsburgh, Criminal Attorneys in Pittsburgh, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Criminal Trial Process, Domestic Violence, Violent Crimes | Comments Off
Saturday, February 12th, 2011
If you have been charged with a crime in Pittsburgh or Pennsylvania, it is a very serious matter. Depending on the grading of the crime charged, you could be facing significant jail time if convicted. There may be mandatory sentencing provisions related to your case if you are charged with crimes involving DUI, Drugs, and/or Firearms offenses. An experienced Pittsburgh criminal lawyer will be able to sit down with you, evaluate your case, and recommend a strategy to obtain the best result for you.
Sometimes, achieving the best criminal defense in Pittsburgh or Pennsylvania is to have a qualified Allegheny County criminal lawyer file a Motion to Suppress evidence. Experienced criminal lawyers in Pittsburgh and Pennsylvania know that if the police committed an illegality in collecting the evidence against you, some or all of that evidence could be excluded by your trial judge.
Contact me, Pittsburgh Criminal Lawyer Michael V. Worgul, now at (412) 475-9217 or 1-855-DUI-CRIM to schedule an initial consultation on your case.
There are several reasons that you might want to consider filing a Suppression Motion. A top Pennsylvania criminal defense attorney will tell you that both the United States and the Pennsylvania Constitutions prohibit unreasonable searches and seizures. This includes searches and seizures of your house, person, motor vehicle, mail, and many other areas you may not have known were protected.
The Constitution also provides that no search warrants may be issued without probable cause and that the warrant must particularly describe 1) the place to be searched and 2) the person or things to be seized. Experienced Allegheny County defense lawyers know what to look for in the police reports to determine if these requirements have been met. If they have not been met, Pittsburgh trial experience will be a premium in defending your case.
There are several other ways that a Pittsburgh defense lawyer will help you in search and seizure matters. Sometimes, the police will be permitted to search even where the warrant requirement has not been met. We call these warrantless searches. There is a massive collection of case decisions on warrantless searches (it expands quite often). Finding the right case law for your matter can be like looking for a needle in a haystack if you don’t know what you are doing. A Pennsylvania criminal attorney with experience researching and writing on the law, including the law of search and seizure, will be invaluable in such matters. As a Pittsburgh criminal lawyer, I have filed, litigated, and been successful on suppression motions for many of my clients. I can do the same for you.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pittsburgh Criminal Lawyer, Suppression Motion, Top Pennsylvania criminal defense attorney
Posted in Criminal Defense, Criminal Trial Process, DUI, Drug Crimes, Fourth Amendment Rights, Internet / Computer Crimes | Comments Off
Friday, February 11th, 2011
No one expects to be arrested and charged with a serious crime. When a person is charged with a crime, it can be an overwhelming experience making it difficult to know what to do. Many people that qualify for a public defender are not sure whether to simply work with the public defender or retain a private attorney. It is legitimate to wonder why you should pay for an attorney when you can have one appointed by the court free of charge. However, the adage that one gets what they pay for is true in this context. This is not meant to disparage public defenders, as there are many excellent criminal defense attorneys in the public defenders office. However, there are distinct advantages to having a Pennsylvania private criminal defense attorney. A public defender is also only available if you do not have the income or resources to pay for a private attorney. If you have assets like a home or have reasonable income, you will probably be financially ineligible for a public defender.
A recent study conducted at Emory University found that a criminal defendant charged with a serious crime who is represented by a public defender is typically sentenced to a term of incarceration that is three years longer than a defendant with a private attorney. When all criminal offenses are considered a private criminal defense attorney will typically obtain a criminal sentence that is five years shorter than a public defender.
The biggest advantages associated with obtaining a private Pennsylvania criminal defense attorney are that the attorney will have a far smaller caseload. Public defenders typically handle an overwhelming caseload which means that they cannot give as much time or attention to any individual case. The caseloads of public defenders are even heavier now because of cut backs in public funding as well as an increasing number of defendants who are unable to afford a private Pennsylvania criminal defense attorney due to the poor economy. The high volume of cases typically handled by a public defender may decrease the quality of the public defender’s representation. It is not uncommon that your meeting with the public defender in the courthouse will be the first time that the public defender has looked at your case. Generally, the only meetings that occur between a public defender and a client occur during brief moments in the hallway at the courthouse.
Another advantage to retaining a Pennsylvania private criminal defense attorney is that the law firm will typically have more resources for factual investigation, scientific and forensic testing and other types of criminal litigation strategies and techniques, which can be very expensive. The public defender typically will not have access to the same degree of financial resources to pay for these types of more complex forensic testing and litigation techniques. Public defenders also may be quick to recommend a plea bargain because they feel pressure to resolve the case quickly so that other cases can be handled. Although a private Pennsylvania criminal defense attorney may also recommend a plea agreement, he or she is more likely to push for better terms. Because a private Pennsylvania criminal defense attorney also has greater resources to conduct a more exhaustive and detailed investigation, the attorney will also be able to develop a better defense strategy in preparation for a potential criminal trial. The best way to obtain a favorable plea agreement is to prepare a strong case for trial.
You also get no input when you are appointed a public defender. You get whoever is assigned to your case regardless of expertise, experience, background or compatibility. When you work with a private Pittsburgh criminal defense attorney, you can carefully screen and evaluate prospective attorneys until you find one that you feel is best suited to handle your case. Because of the unique challenges facing public defenders, they often do little more than help prosecutors obtain guilty pleas. More importantly, you generally cannot fire a public defender even if you are not happy with how they are handling your case.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options available under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: criminal defense lawyer in Pittsburgh, Pittsburgh criminal defense attorney
Posted in Criminal Defense, Criminal Trial Process | Comments Off
Tuesday, February 8th, 2011
If you are charged with a drug crime in Pittsburgh or Pennsylvania, you could be facing serious jail time and fines. In some circumstances, the legislature has decided that the judge should not have any discretion when imposing a sentence. The best criminal attorneys in Pittsburgh are aware of the conditions that will trigger mandatory drug sentencing and will take immediate action to achieve the bet result possible.
As an experienced drug crime attorney, I know that there are three types of Defendants involved in drug offenses; 1) people who are addicted to drugs, 2)people who deal drugs, and 3)people who do both. Defendants in the first group do not need to worry about mandatory sentencing. They are often charged only with Simple Possession, and the mandatory sentencing provisions do not apply to that crime. However, as a Pittsburgh defense attorney, I know that Defendants in the second or third group are at risk. As a result, sometimes the best (and only) crime defense in Pittsburgh as to a drug trafficking charge is a trial.
If you have been charged with drug trafficking, you may face mandatory sentencing for one of two reasons:
- The weight of the drugs.
- The proximity of a firearm to the drugs.
Call Pittsburgh criminal attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM to discuss your case today.
A qualified drug crimes attorney in Pittsburgh or Pennsylvania will counsel that the presence of a firearm in a drug trafficking case triggers a mandatory sentence of 5 -10 years. The DA may also seek a mandatory sentence depending on the weight of the drugs. The weights that trigger a mandatory vary from substance to substance, and an experienced Allegheny County criminal defense attorney should always be consulted. Some of the more common mandatory provisions are as follows:
| Substance |
Amount |
1st Offense |
2nd + Offense |
|
|
|
|
| Marijuana |
2 – 10 lbs. or 10 – 20 Plants |
1 year |
2 years |
|
10 – 50 lbs. or 21 – 50 Plats |
3 years |
4 years |
|
50 + lbs. or 51 + Plants |
5 years |
5 years |
|
|
|
|
| Cocaine |
2 – 10 grams |
1 year |
3 years |
|
10 – 100 grams |
3 years |
5 years |
|
100+ grams |
4 years |
7 years |
|
|
|
|
| Heroin |
1 – 5 grams |
2 years |
3 years |
|
5 – 10 grams |
3 years |
5 years |
|
10+ grams |
5 years |
7 years |
In my career practicing Allegheny County criminal defense, I have handled many case involving drug trafficking and the mandatory sentences that come with it. Like top Pennsylvania criminal attorneys in Pittsburgh and elsewhere, I know that a trial may be the only option to avoid a mandatory sentence. Fortunately, I have the Pittsburgh Drug Attorney experience necessary to effectively represent you in your case.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, … Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pittsburgh Criminal Attorney, Top Pennsylvania Criminal Attorneys
Posted in Criminal Defense, Drug Crimes | Comments Off
Wednesday, February 2nd, 2011
Most people know better than to pack their luggage with illegal narcotics or a weapon, such as, a firearm or explosive device, but this short list of things not to place in your suitcase includes only the most obvious examples of things that you should not pack. A federal appellate court in Florida recently ruled that child pornography found in luggage during a random Transportation Security Administration airport baggage check is admissible as evidence in a sex crimes prosecution based entirely on the evidence found in the suitcase. This decision presents another blow to the protections of the Fourth Amendment of the U.S. Constitution against unreasonable search and seizures. The defendant in the case argued that the search of the luggage was conducted without a warrant and that the search violated the Fourth Amendment. The judge in the Florida case distinguished two prior federal court cases that had previously suppressed evidence in similar cases. This recent decision means that travelers need to be especially careful regarding any incriminating material that a traveler brings on his or her vacation when boarding an airplane.
The recent decision permit’s a prosecutor to use material found during a TSA screener’s search of a traveler’s luggage even though the evidence is unrelated to travel hazards like weapons or explosives. The judge in the Florida case distinguished the earlier cases because the TSA agent in the Florida case testified that the agent simply stumbled across the material while searching only for weapons and explosives. The judge reasoned that the case was unlike Ohio and Hawaii cases where the TSA screeners admitted that the focus of their searches shifted during the search. In the two earlier cases, the agents had stopped looking for travel hazards and instead began looking for pornography in one case and cash in the other. “We hold that the TSA agent was not engaged in ‘general law enforcement objectives’ when she discovered the child pornography,” District Judge Bradford L. Thomas wrote.
This issue may eventually reach the U.S. Supreme Court, but in the interim, it is important that travelers not transport contraband or incriminating materials in their luggage. Suitcases are searched on a random basis when travelers go through TSA screening. If your bag is selected for a random search, any incriminating material discovered may form the basis for obtaining a warrant to search further or as a basis for your arrest. This case is particularly troubling because it seems very open to abuse. All a TSA agent needs to do is affirm that the agent was still looking for evidence of travel hazards and the incriminating material may be admissible. TSA agents could go on a “fishing expedition” claiming they are looking for explosive materials in powder form, which could literally justify a search of every inch of a traveler’s suitcase . If you are under investigation for a sex crime or any other criminal offense or you are already facing criminal charges, you should contact an experienced Pennsylvania criminal defense attorney. An experienced Pennsylvania criminal defense attorney will explore issues related to any unreasonable search and seizure in violation of your Fourth Amendment rights.
If you have been charged with a crime in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, contact me, Pittsburgh criminal attorney Michael V. Worgul. I will sit down with you and discuss the law and custom strategy for your case at no cost to you. It all begins with a phone call at (412) 475-9217 or 1-855-DUI-CRIM.
Tags: Pittsburgh Criminal Attorney
Posted in Criminal Defense | Comments Off
Wednesday, February 2nd, 2011
A Pennsylvania DUI arrest can be an expensive and time consuming proposition with a significant number of potential penalties including jail, fines and drunk driving school amongst other consequences. However, a consequence you may never have considered is public exposure including a law enforcement posting of your mug shot and identifying information on Facebook for your friends, family, co-workers and colleagues to discover. As awful as this idea may sound, some local governments are considering this as a way to “shame” drivers into not driving while under the influence of alcohol. You could find yourself walking into work Monday morning after a Saturday night DUI arrest only to have your co-workers huddled around a computer looking at your mug shot on a DUI website. This proposal considered by the Huntington Beach City Council in California is drawing national media interest as Time Magazine ran an article last week on this novel “shaming proposal.”
Law enforcement posting of Facebook DUI mug shots could have a whole series of adverse consequences. These mug shots merely mean that you have been arrested not convicted. However, the mug shots could be printed and circulated at your place of employment. They could easily haunt you for years when future employers, landlords, professional licensing boards or others search the Internet. Publication of the mug shot from your DUI arrest could even lead to embarrassment and harassment for your family. Many teenagers virtually live on Facebook. Can you imagine your child being confronted by a teasing classmate who prints out your DUI mug shot? Despite the presumption of innocence, many people are quick to judge those arrested for DUI. There are many reasons you may be arrested for DUI even if you are not driving while under the influence including illness or physical disability that affects your field sobriety testing, false positive breath test results, misinterpreted police observations of your red watery eyes related to allergies and many more.
Colleagues, neighbors, friends, employers and co-workers may be quick to conclude that a DUI arrest means that you are guilty. Many people operate under the false assumption that breath tests are accurate so an arrest is the same as guilt. Even if the charges are later dismissed, it can be difficult to “unring the bell.” Breath tests are far less accurate than most people realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath, which can interfere with test results. It is also the case that substances, such as inhaled asthma medication, mouthwash and cough syrup can result in a false positive result. Public exposure of embarrassing and unjustified DUI charges is unfair and may haunt you for years. An experienced Pennsylvania DUI lawyer will handle your case confidentially and work diligently to protect your privacy and reputation. We can only hope that city councils in Pennsylvania do not decide to experiment with this the Facebook “shaming” strategy to discouraging driving under the influence.
If you have been charged with a crime in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, contact me, Pittsburgh Criminal Lawyer Michael V. Worgul. I will sit down with you and discuss the law and custom strategy for your case at no cost to you. It all begins with a phone call at (412) 475-9217 or 1-855-DUI-CRIM.
Tags: Pittsburgh Criminal Lawyer
Posted in Criminal Defense | Comments Off
Wednesday, February 2nd, 2011
Mobile phones have become all everything devices that hold extensive personal information about many aspects of our life. Today’s smart phones can store email correspondence, text messages, mobile social media site logins, address books, personal photos and video, GPS positioning history and personal calendar information. Despite the enormous mass of personal, confidential and potentially embarrassing information that may be stored on your mobile phone, a court recently approved the search of a mobile phone taken from a suspect without a warrant during an arrest. Exploring privacy concerns in the age of the smart phone, the California Supreme Court ruled that after police take a mobile phone from a suspect during an arrest, they can search the phone’s text messages without a warrant. Criminal defense lawyers argue that this ruling violates the Fourth Amendment protection against unreasonable search and seizure.
In 2007, a Ventura County deputy sheriff arrested Gregory Diaz after observing Diaz engage in an Ecstasy transaction in the backseat of his vehicle. Diaz denied engaging in the transaction until the deputy searched Diaz’s mobile phone text messages and found a text that appeared to refer to a price for six Ecstasy pills. When the deputy questioned Diaz about the text, Diaz admitted to participating in the drug sale. Based on the search of Diaz mobile phone, his attorney sought to have the text suppressed. Both the trial court and the Second District Court of Appeal held that the search was proper.
The California Supreme Court found that prior U.S. Supreme Court decisions treated mobile phones as personal property that was “immediately associated” with one’s person. The California Supreme Court relied on a prior U.S. Supreme Court Decision, U.S. vs. Robinson, which condoned a search of a cigarette pack in a suspect’s pocket. The court reasoned that these decisions did not prohibit the search of a person’s personal items taken from a suspect’s person incident to an otherwise lawful custodial arrest. The court also indicated that nothing in the decisions indicated that the right of a law enforcement officer to search the item was in anyway limited by the specific character of the item.
A dissent in the case argued that a warrantless search of a mobile phone constitutes a violation of the Fourth Amendment protection against unreasonable searches. The dissent reasoned that there are no exigent circumstances that require a warrantless search because the suspect is in custody so the mobile phone and the information it contains is not going to be lost or destroyed. According to the dissent, the majority gave “police carte blanche, with no showing of exigency, to rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer merely because the device was taken from an arrestee’s person.” The dissent found the argument persuasive that the unique nature of a cell phone and the type of personal and confidential information stored within the phone makes it qualitatively different than a cigarette pack.
Although this is a California decision, it may influence other courts including Pennsylvania courts regarding warrantless searches of mobile phones. It is important to keep in mind that any information or data you store in your mobile phone may be available to police if you are arrested even in the absence of a warrant. The defendant in this case may appeal the ruling.
If you have been arrest or if you are being questioned by police about a crime, do not delay in seeking the advice of a Pittsburg criminal defense attorney even if you are completely innocent. I will sit down with you and discuss the law and custom strategy for your case at no cost to you. It all begins with a phone call at (412) 475-9217 or 1-855-DUI-CRIM.
Tags: Pittsburgh criminal defense attorney, Search Warrant Issues
Posted in Warrants and Detainers | Comments Off
Wednesday, February 2nd, 2011
If you have been charged with a crime in Pittsburgh or Pennsylvania, the first, and sometimes most important hearing you will have is the Preliminary Hearing. It is one of the earliest times that you will be in front of a Judge and is a critical stage in the criminal process. Make no mistake, in order to receive the best criminal defense in Pittsburgh, you should have an experienced Pittsburgh Defense Lawyer present.
In Pittsburgh and Pennsylvania, the Preliminary Hearing is almost always held in front of a Magisterial District Judge. Most Allegheny County defense lawyers who practice criminal law know that there are specific facts that the prosecutor must prove to have the case moved from the Magistrate’s office to the Allegheny County Courts of Common Pleas for trial. In order for this to happen, the prosecution must prove that, more likely than not:
- A crime has been committed; and
- You are the person who has committed it.
Contact Pittsburgh Criminal Lawyer Michael V. Worgul now at (412) 4754-9217 or 1-855-DUI-CRIM to schedule a consultation.
Proving the case for the prosecution is not always cut and dry. Sometimes, the prosecution can run into evidentiary problems that a qualified Allegheny County defense lawyer, like me, will know how to exploit. There can be opportunities for a Pennsylvania criminal lawyer to have the charges reduced or even dismissed (witness does not show or changes the testimony) for reasons outside the prosecution’s control.
As a practicing Pittsburgh Criminal Lawyer for many years, I have learned several strategies to implement at the Preliminary Hearing for your benefit:
- Discovery – The Preliminary Hearing is the best tool to test the veracity of the prosecution witnesses and find holes in their case. If there actually is a hearing, a top crimes lawyer in Pittsburgh will ensure the presence of a certified court reporter to transcribe the testimony. I can’t tell you how many times I have seen witnesses testify at a Preliminary Hearing and then completely change their story at a later court date.
- Dismissal / Reduction – Through the hearing or a waiver of the hearing, I may be able to have your charges reduced from felonies to misdemeanors, or even to summary level offences. There is also a tendency for the prosecution to overcharge you with extra crimes that you did not commit. I have significant trial experience which enables me to pick out these charges and effectively argue for their dismissal. If we have the charges dismissed at the hearing, you will be immediately entitled to an expungement of those charges off your criminal record.
- Bail – It is not uncommon that you or a loved one might be in jail as a result of the charges. If this is the case, having a strong hearing or waiving the hearing is an effective way to convince the Magistrate to set an ROR (released on own recognizance) bail. However, there are very particular situations where an experienced Pittsburgh Criminal Lawyer will actually ask the Magistrate to increase bail (usually where probation detainers exist).
It is important to remember that the burden of proof at a Preliminary Hearing is not “beyond a reasonable doubt.” That standard does not apply until the case reaches the Allegheny County Courts of Common Pleas. Nor is the defense permitted to raise any defenses at the hearing beyond alleging (1) that the prosecution’s evidence does not add up to Pittsburgh or Pennsylvania crime or (2) that the defendant is not the person who committed the crime.
If you have been charged with a crime in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, contact me, Pittsburgh Criminal Lawyer Michael V. Worgul. With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Best Criminal Defense in Pittsburgh, Pittsburgh Criminal Lawyer, Preliminary Hearing
Posted in Criminal Defense, Criminal Records & Expungement, Criminal Trial Process | Comments Off
Tuesday, February 1st, 2011
If you are under investigation or have been charged with a criminal offense in Pennsylvania, it is urgent that you speak to an experienced criminal defense attorney immediately. A criminal defense attorney can take steps to improve both your short-term situation as well as the long-term outcome of your case. Often, those accused of a criminal offense wait to contact a private criminal attorney. During this delay, many adverse events can affect your case including the police obtaining incriminating statements or searching your residence, place of business and/or vehicle. Sometimes the evidence discovered or admissions made while waiting to consult with a private attorney can mean the difference from going home and going to jail. If you are arrested, you should invoke your right to remain silent until you have an attorney present and seek immediate advice from an experienced Pennsylvania criminal defense attorney. This article is designed to provide some insight into how you should handle that initial consultation with a Pennsylvania criminal defense attorney.
Be Prepared for a Straightforward Evaluation: Many times those facing criminal charges want desperately to hear that “things will be fine” and “it is not big deal.” However, this may not be the case because your freedom and reputation are at stake. An experienced criminal defense attorney will provide a candid picture of your rights, likelihood of obtaining an acquittal, reduction in charges or dismissal and potential sentencing possibilities. The information may not be what you want to hear, but it is important to understand that your attorney is not really serving your best interest if he tells you what you want to hear as opposed to what you need to know. In fact, if you get an attorney who gives you only a rosy picture and a suggestion of guarantees, you should be cautious. The key is to obtain realistic options good or bad so that you can make informed decisions.
Do Not Lie to Your Attorney: Many times people facing criminal charges are afraid to be honest or candid with their criminal defense attorney. A client may be afraid that the attorney will judge the client or not defend the client as diligently if the attorney is privy to embarrassing or negative information. In reality, criminal defense attorneys represent all different types of people from all walks of life. It is not the job of a criminal defense attorney to pass judgment but to protect the rights of one’s client and present a zealous defense. With rare exceptions, you should answer the attorney’s questions candidly and honestly. A criminal defense attorney will develop a defense strategy based on the information you provide. By being dishonest with your criminal defense attorney, you may compromise your attorney’s defense strategy. Few mistakes are as damaging as relying on a defense that proves to be wholly worthless because a client accused of a crime withheld facts that he or she believed were unimportant or embarrassing, but were critically important to the defense strategy.
You should also keep in mind that your attorney must keep what you tell him in confidence because it is protected by attorney-client privilege. There are exceptions, such as if you tell your attorney about a future crime or indicate that you want your attorney to let you testify so that you can lie to the court. Most other things you tell your attorney about past criminal conduct must be kept secret by your criminal defense attorney.
Provide Any Documents to Your Attorney: If you have been given any documentation regarding your case by a police officer, the court or a district attorney, you should bring these documents to the consultation. A criminal defense attorney will review any paperwork to determine the procedural stage of your criminal case, pending charges against you and perhaps some idea as to the evidence against you. If you have an arrest number or criminal case number, this should also be provided to your attorney. The more information you provide to the attorney during this initial consultation the better the attorney will be able to advice you regarding what to expect in terms of potential outcome and available defense strategies.
Be Prepared to Conduct an Interview: When you meet with a criminal defense attorney for the first time, part of the purpose of this meeting is to interview the attorney. You need to be prepared with questions that will allow you to evaluate whether this is an attorney that you feel comfortable working with in your criminal case. You should be prepared to ask the criminal defense attorney questions like the following:
How long have you been practicing criminal law?
What types of cases have you handled?
Have you defended other clients facing similar charges?
How much do you charge?
What types of defense strategies are available in my case?
What potential punishment am I looking at?
What are the prospects for reduced charges?
Do you have investigators or forensic experts that will assist in my case?
The point is that this is your chance to interview the attorney much like an employer interviews a perspective employee. You need to ask enough questions so that you can make an evaluation as to whether the attorney is the right person to handle your case. It is best to write these questions down because an initial consultation with a criminal defense attorney may be stressful so it is easy to forget to ask important questions if they are not written down.
Candidly Communicate Your Goals and Expectations: Because most people accused of crimes do not have a legal background, they typically do not have a clear idea of what goals are realistic. You should consider what you hope to obtain as an outcome, such as dismissal of charges, no jail time, plea to reduced charges, diversion program or other alternative. Your attorney can assess your goals and provide meaningful information about whether your goals and objectives are reasonably obtainable. It is very important to have a candid discussion about this up front so that you and your attorney are on the same page.
Make Sure You Understand Fees and Costs: A zealous legal defense in a criminal case can vary widely in price based on how complicated your case will be to handle. You should make sure you know how your attorney charges and all additional expenses such as costs for investigators or experts. Your attorney will require all or some (an initial retainer) of the fee up front. You should make sure that you are clear on what the retainer covers (i.e. up to trial, through the trial or through the end of the case including appeals). While every person facing criminal charges wants the best criminal defense, you also need your attorney to develop a defense strategy that you can afford. You should consider whether you have the means to pay all of the attorney fees and costs because you do not want to run out of resources while the case is still pending.
Whether you are charged with a first time DUI or First Degree Murder in Pennsylvania, an experienced criminal defense attorney can be your best chance to avoid losing your freedom, reputation and even your job and family. If you are facing criminal charges or are under investigation, you should call an experienced Pittsburgh criminal defense attorney for your initial consultation today.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options available under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pittsburgh criminal defense attorney
Posted in Criminal Defense | Comments Off
Monday, January 31st, 2011
Ask a defense attorney in Pennsylvania or Pittsburgh and they will tell you that the charges of Assault, Aggravated Assault, and Homicide are all very similar under the law. It is the resulting injury that separates them as crimes. Generally, these crimes are subcategories of criminal assault in Pittsburgh or Pennsylvania, and are defined as follows:
- Simple Assault – Simple Assault occurs when someone causes, or attempts to cause, bodily injury to another person intentionally, knowingly, or recklessly. A mere attempt is enough to be charged. If a deadly weapon was involved, the police only need prove that you were negligent in the handling of the weapon. In fact, the police can charge simple assault where the Defendant merely places another in fear of imminent serious bodily injury by threat of physical menace. Note that the injury does not need to be serious where actual injury is caused. A domestic abuse attorney handles this crime often.
- Aggravated Assault – Aggravated Assault occurs when someone causes, or attempts to cause, serious bodily injury to another person intentionally, knowingly, or recklessly. Aggravated Assault will also be charged automatically where the victim is in a special class of people (police officers, teachers) regardless of the injury caused. Aggravated Assault is always charged as a felony. If you are facing this level offense, you should contact an experienced Felonies Lawyer in Pittsburgh or Pennsylvania immediately. Aggravated Assault litigation can be very complicated and prior trial experience is a necessity.
- Homicide – Homicide is easily the most serious charge one can face. An experienced PA Criminal Attorney knows that Homicide is a general term that includes 1st Degree Murder, 2nd Degree Murder, 3rd Degree Murder, Voluntary Manslaughter, and Involuntary Manslaughter. No matter the grading, the police are alleging that a person has died and you are criminally responsible for the death. Sentencing for these offences ranges from Life Imprisonment Without Parole to House Arrest depending on the circumstances surrounding the offence. If you have been or think you will be charged with any form of Homicide, do not speak with the police. You must consult with an experienced Pittsburgh Criminal Attorney immediately.
Call Pittsburgh and Allegheny County Criminal Attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM for a consultation on your case!
The best Criminal Attorneys in Pittsburgh know that assault charges can be devastating to your familial life and even your employment. A conviction will appear on your Pennsylvania Criminal Records for the rest of your life unless proper measures are taken. In some cases, where trial is necessary, you want to hire a qualified Pittsburgh or Allegheny County Defense Attorney who has been to trial on serious cases and been successful.
Under some circumstances, trial may not be the best option. You may want to test the idea of entering a plea to avoid jail time. But what if the police and the prosecutors won’t deal with you? This is a situation I deal with all the time. I can’t tell you how many times I have had a case that looked very bad for my client on paper. However, at trial, the prosecutor’s case fell apart under cross examination. That is the benefit of having a trial experienced Pittsburgh Criminal Attorney on your side.
If you are facing an Assault crime charge in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, call me, Pittsburgh Criminal Attorney Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM. I have significant trial experience with difficult cases.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Criminal Assault in Pittsburgh, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Domestic Violence, Violent Crimes | Comments Off
|
