A straw purchase refers to a scenario where one person buys a firearm for someone else. The person who makes the purchase never intends to keep the weapon, but transfers it immediately to the other party. This label doesn’t apply in all situations. There are some...
Criminal Defense
You don’t have to complete the conspiracy to be charged
With many criminal charges, you actually have to commit the crime to be arrested. You’re not going to get arrested for thinking about drunk driving, for example. You actually have to be in control of the vehicle when the police demonstrate that you are over the legal...
Do you have to let the police into your home?
You hear a knock on the door and you look out the front window before opening it. There’s a police car sitting in the driveway, so you know that an officer is likely standing on your front step. You open the door just a crack to talk to them. The officer tells you...
Can you break the law if it’s an emergency?
When there’s an emergency, people will sometimes do things they wouldn’t do otherwise. They may bend or break the rules as they try to react to this emergency. In some cases, people will even decide that they’re going to break the law, which they never would’ve done...
What are mitigating factors in sentencing?
Mitigating factors, also known as extenuating circumstances, are facts that relate to a crime or a convicted defendant and support the argument for leniency. These factors are presented in court to reduce someone’s sentence after a conviction. For example, imagine...
How serious are assault charges in Pennsylvania?
Never underestimate how enthusiastically most prosecutors in the nation perform their duties. Since crimes of violence, including assault, are deemed particularly heinous, you can expect the prosecutor in your case to seek conviction aggressively. Like many states,...
What’s the reckless discharge of a firearm in PA?
Every state tries to do a balancing act between the right to bear arms and the need to control how firearms are handled for the sake of the general population’s safety. It’s important to understand that what you may consider a harmless (or even celebratory) discharge...
Understanding your 4th Amendment rights when charged with a crime
The U.S. Constitution offers several protections for citizens and residents alike. Specifically, The 4th Amendment protects you from unreasonable search and seizure. This means that the police cannot search your property without a valid warrant or reasonable cause for...
Do you have a duty to retreat when someone hits you?
Someone directly threatened you either with their words or their actions, and you fought back to defend yourself. However, now you find yourself facing assault allegations. The state claims you acted with malicious intent when your actions are not intended to harm...
Should you testify in your criminal trial?
If you are indicted and charged with a crime, you need to figure out how to defend yourself. One of the options you can consider testifying in your own trial. But, is this the best choice? You are not required to testify in your own criminal trial. In fact, the Fifth...