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Archive for the ‘Criminal Trial Process’ Category
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
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
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