by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Parole, Probation, Search and Seizure, sentencing
Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009)Topic: Defendant’s Right to be Present – Parole and Probation SearchesSummary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Probation, sentencing
Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009)Topic: Terms of Probation – Undue RestrictionsSummary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Mandatory Sentence, sentencing
Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)Topic: Sentencing – Mandatory MinimumSummary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory...
by Lea Bickerton | Sep 19, 2009 | Appeal, Case Law Summaries
Commonwealth v. Israel Santiago J-34-2009 (8/25/2009)Topic: Motion to Withdraw – Anders BriefSummary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly...
by Lea Bickerton | Sep 17, 2009 | Criminal Law Basics, Pittsburgh G20
To most people, the closest they will get to the criminal justice system is through episodes Law & Order or CSI. Those arrested in real life often find that the reality of being arrested is not like it is on television. Many assume that as they are arrested, the...