Test Article DUI
Test Article DUI
March 7th, 2010Test Article
March 7th, 2010Test Article
Getting Your Loved One’s Criminal History
November 12th, 2009Learn how to get information on anyone’s criminal record in Pennsylvania in this short but detailed how-to video. You can do it right along with me!
How To Get Your Bail Refund
October 29th, 2009Attorney Joe explains how to get your bail refund back from the City of Philadelphia.
Know Your Rights
August 30th, 2009
Knowing Your Rights, Understanding Criminal Defense and Avoiding Getting Railroaded
STOP AND FRISK SERIES – ISSUE #1
The Good News About the New Stop and Frisk Policy
Commonwealth v. Jackson
A Message for Clients of Attorney Joe Mitchell, “Your Harvard Attorney”
215-557-7111
2 Penn Center, Suite 520, Philadelphia, PA 19102
www.joemitchellattorney.com
The Good News About Philadelphia’s New Stop and Frisk Policy
Commonwealth v. Jackson
By Attorney Joe Mitchell, “Your Harvard Attorney”
You have all probably heard about Mayor Nutter’s Stop and Frisk policy in the neighborhoods. If you have a criminal record you are probably going to be stopped and frisked. Did you know that evidence obtained during a “stop and frisk” (i.e. Terry stop) can be used against a person only when the police officer had a good enough reason for the stop under the Pennsylvania and U.S. Constitutions? Here’s the rule: if drugs, guns or other contraband are seized in violation of a defendant’s Constitutional Rights, none of the evidence obtained during the search may be used against the person searched. Let’s look at this a little more closely:
Both the United States Constitution and the Pennsylvania Constitution guarantee, as a matter of law, protection against unreasonable search and seizure. Specifically, the law requires that police officers establish a “reasonable suspicion” in order to conduct a “stop and frisk.” And if the police fail to establish “reasonable suspicion” for a “stop and frisk” then stopping someone and checking them for weapons constitutes an illegal stop and search. This doesn’t mean that the police are going to stop frisking young men in the neighborhoods, it just means that they can’t use any evidence they recover, like guns or drugs, if they are just on a fishing expedition.
In the 1997 Pennsylvania Supreme Court case, Commonwealth v. Jackson, 698 A.2d 571 (Sup. Ct. 1997) the Supreme Court held that reasonable suspicion was not established by an anonymous tip because the police should have investigated the stituation further by a means other than a stop and frisk.In Jackson, a Philadelphia police officer received an anonymous tip over his police radio that there was a man wearing a green jacket carrying a gun. The caller also provided the police officer with the location of the man, but no other details.The police officer found several other individuals at the location, but only one person wearing a green jacket. The individual did fit the descpription given in the tip and was in the right location, but the Commonwealth failed to show that this individual was doing anything to cause suspicion of criminal activity. Without any additional information which could constitute “reasonable suspicion,” the police officer’s search of the man in the green jacket was illegal.Even though the police officer found a box containing 14 packets of cocaine when searching the individual, the evidence could not be used against him, and was suppressed by the Court, because the search was improper.
I will examine other aspects of the Stop and Frisk Law in Part 2 of this Stop and Frisk Series, coming in several weeks. Stay tuned!
Attorney Joe Mitchell “Your Harvard Attorney” has practiced criminal law in the Greater Philadelphia Area for over 12 years. He is committed to aggresively fighting for his client rights and he does the research. He gives free phone and written consultations to inmates who can afford an attorney. He can be reached at 215-557-7111 and by mail at 2 Penn Center, Suite 520, Philadelphia, PA 19102. www.joemitchellattorney.com
Police Encounters – The 10 Rules for Avoiding “Contempt of Cop”
August 13th, 2009If you have a confrontation with the police, you could easily end up a victim of violence or arrest – especially if you commit the crime of “Contempt of Cop”. It easy to violate this unwritten statute and the penalties are steep and often instantaneous (i.e. a good a– whuppin or an unwarranted arrest). Read this article and know your rights and know what you should or should not do to give them up. Just follow these 10 rules to protect yourself and avoid “contempt of cop”:
1. Don’t Talk.
Do not say a word to the officer. Just shut up! I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He / she does not care generally whether you are innocent or guilty and there is nothing that he / she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut, there will be plenty of time to talk later.
2. Don’t Run.
I said above to listen to the officer and follow his / her instructions. Do not be scared and do not let the liquid courage, aka alcohol, convince you that you can outrun the twelve officers and helicopter that will track you down. Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon. Additionally, when they do run you down expect much stronger force used to subdue a fleeing suspect.
3. Never Resist Arrest.
Perhaps the most important thing not to do is touch the police officer at all! Again, sober up quick and follow what the officer says. Many people attempt to bump the officer or swat an officers hands away. This often falls under the assault statutes and now a minor misdemeanor arrest becomes a FELONY. Thus a reckless driving charge leads to a year or more in state prison. Additionally, touching the officer in any way can lead to a baton in the mouth.
4. Don’t Believe the Police.
It is perfectly legal for the police to lie to get you to make an admission. The police frequently separate two friends and tell one the other one ratted him / her out. Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now…LIES!!! DON’T BELIEVE THIS BS! It will only be easier for the police to prove their case!
5. No Searching.
Do not allow the police to search anywhere! If the police officer asks, they do not have the right to search and must have your consent. If you are asked make sure you proclaim to any witnesses that “You (the police) do not have consent to search.” If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you had placed somewhere, ie: marijuana left by a friend. Remember, that denying the police consent to search DOES NOT give them the probable cause they would need to conduct a search.
6. Don’t Look At Places Where You Don’t Want Police to Search.
Police are trained to watch you and react to you. They know that you are nervous and scared and many people look to the areas that they don’t want the police to search. Do not react to the search and do not answer any questions. LOOK DOWN AND KEEP YOUR MOUTH SHUT!!!
7. Do Not Talk Shit to the Police.
I don’t care if you have been wrongly arrested and the true culprit is standing in front of you. Don’t talk shit! Police hear all day that my dad is the the Governor’s Assistant’s Intern and I will have your badge for this! Police have a lot of discretion in the upcoming charges brought. Police can add charges, change a misdemeanor to a felony, or even talk to the prosecutor that is ultimately prosecuting you.
8. If Police Come to Your Home, Do not Let Them In and Do Not Step Outside Your Home.
If the police are confident you have committed a felony, they are coming in anyway, because they generally don’t need an arrest warrant. Make it clear to the police by stating: “No you may not come in”, or “I am comfortable talking right here”, or “You need a search warrant to enter my home.” If they return, your attorney can arrange for you to turn yourself in should that be necessary and you will spend no time in jail between the hearings.
9. Outside Your Home Arrested, Do Not Accept Offer to Go In Your Home for Anything.
The officer may say to you, how about you go inside and change, freshen up, talk to your wife, husband, get a jacket, or any other reason. The police will graciously escort you in and then tear your home apart searching through it. Also, do not let them secure your car. Your car is fine. Remember they are lying to you. They don’t give a damn if you are really cold or if you need to talk to your wife or husband.
10. Don’t say a word.
It’s incredible how many people feel that they can convince the officer, the booking officer or a detective (if your case reaches that stature) that they are not guilty. YOUR CASE IS NOT DECIDED BY THESE PEOPLE. They have no affect on your records. Wait to speak to your lawyer! The courts give enormous weight to “confessions” during this stage. A suspect is almost NEVER released after being arrested.
Follow these ten simply rules religiously and many of your rights will remain intact. I don’t care how nervous, scared or drunk you are, THESE RULES ARE VERY IMPORTANT, and will help you tremendously in the short and long run. And remember – we are not your lawyer!
Keep this in your wallet – OR – Memorize it.
1. Do Not Talk – Do Not Confess
2. Do Not Run
3. Do Not Resist Arrest
4. Do Not Touch Police
5. Police Can Lie to Get You to Do Anything
6. Do Not Consent to Search Anything
7. Do Not Bad Mouth Police
8. Do Not Voluntarily Let Police into Your House (Or Your Car)
9. Be Arrested Outside Your House
10 Do not Let Police Secure Your Car
Attorney Joe Mitchell is a Harvard Educated Criminal and Personal Injury Attorney. He has been practicing in Philadelphia for more than 15 years. He is available for free consultations at 215-557-7111. Or check out his website at YourHarvardAttorney.com. Let Your Harvard Attorney work for you.
This article was taken in part from www.governmentdirt.com from an article entitled:
“10 Things to Remember When Confronted By The Police – Avoid the “Bro, Don’t Tase Me” Moment!”
Interpretation and Incarceration
June 25th, 2009Interpretation and Incarceration
Whether by wilful choice, or by genuine ignorance, it is remarkable how oblivious criminals can be when it comes to the law and the laws that they are actually or potentially violating. Regrettably, the law does not recognise “I didn’t mean it”, or “it wasn’t my fault”, as legally valid or legally competent grounds for a legal defence. Ignorance of the law is no excuse!
This is particularly significant in relation to the rather grisly area of Pennsylvania statutory rape laws which are extremely draconian given that they carry a potential sentence of 20 years imprisonment for a crime that could be due to miscommunication. Statutory rape within the state of Pennsylvania is classified as a federal offence and as a general rule of thumb these carry much stiffer penalties.
Pennsylvania Consolidated Statutes
CRIMES AND OFFENSES (TITLE 18)
§ 3122.1. Statutory sexual assault.
“A person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.”
Statutory rape is a very problematic area because it seems to be a victimless crime, and it is possible for a couple to be in a relationship and have sexual intercourse and yet the older partner becomes liable for statutory rape.
What is the legal basis or rationale for this offence?
Rape as a crime, regardless of the form it manifests itself in will involve the absence of consent, however the absence of consent maybe caused (mental disorder, alcohol, age etc).
Therefore, even if a minor consents to sexual relations willingly and freely with no degree of coercion, the law automatically overrides their consent, i.e. a legal non-entity from the very beginning which meant it never existed in the first place.
There is no need for the presence or usage of force or intimidation to compel the minor to engage in the sexual act(s):
§ 3107. Resistance not required.
The alleged victim need not resist the actor in prosecutions under this chapter.
As can be plainly seen, statutory rape is an extremely complex and dangerous legal area and one that will require the input of a Philadelphia criminal lawyer who specialises in criminal law. Given the penalties at risk in such cases, it is crucial that you speak to Your Harvard Attorney, as soon as possible.
A Message for Clients of Attorney Joe Mitchell, “Your Harvard Attorney”
215-557-7111
2 Penn Center, Suite 520, Philadelphia, PA 19102
www.JoeMitchellAttorney.com
Age is More Than Just a Number
June 21st, 2009Age is More Than Just a Number
Rape is an extremely emotive and ugly word. It is a word that many of us wince at uttering, even in a professional setting. Perhaps it is this uneasiness and discomfort around the word that contributes to the mythology and misconceptions that surround it so, for the very word itself seems to conjure a notion of a dark alley and a violent assault perpetrated by a stranger.
Whilst it is possible for rape to include an element of violence, there is no need for violence or force to have been utilised in order for the offence to have taken place, as the actual legal definition of rape shows:
“Sex with a woman, other than the perpetrator’s wife, without her consent.”
The key issue here is, “without her consent” and so there is no need for the victim to have been beaten and bruised in order for the offence to have taken place. The implications of this are far reaching, meaning that if a person is asleep, intoxicated either by alcohol or drugs (whether legal or illicit) can all give rise to an allegation of rape.
Some rather cynical critics have lambasted current criminal law proceedings concerning rape, arguing that the semantics and definitions of it reduce the notion of sexual intercourse as something similar to a contractual transaction. This analogy is actually a rather apt one, for within contract law there are a number of people who are specifically excluded from being able to press charges for such a crime and these include, the very young, mentally ill and others.
In the context of rape then, the absence of consent gives rise to the crime of rape. One of the more contentious forms of this particular crime is statutory rape, which is whereby a person has sexual intercourse with a minor. According to Pennsylvania criminal law provisions, the age of legal consent for sexual intercourse is 16 and so if two people have sex and one is younger than 16, and the other partner is at least 4 years older than the minor, statutory rape has been committed.
Statutory rape is often scoffed as a little more than a quaint legal technicality, a number crunching exercise with extreme consequences. The grim reality is simple: you are breaking the law, and you can face conviction for a federal offence which can mean a hefty fine or even jail time.
If you’ve been wrongfully accused of this crime, make sure that you get in touch with “Your Harvard Attorney”.
A Message for Clients of Attorney Joe Mitchell, “Your Harvard Attorney”
215-557-7111
2 Penn Center, Suite 520, Philadelphia, PA 19102
www.JoeMitchellAttorney.com
Abstraction of Innocence
June 16th, 2009Sex is a beautiful thing. It’s the very embodiment of the love and affection between a man and a woman and is the very foundation upon which marriage is based. But, the inversion of sex, rape is a wicked and vile thing. It is, perhaps, the gravest indignity a person can ever face. It robs the victim of their sexuality, their identity and their dignity. It violates the victim’s privacy to an unfathomable level, and perverts something pure and natural, into something bestial.
A common misconception of rape is that it is perpetrated by a stranger and many women report that they are afraid of going home at night alone for fear of a sexual attack. The sad and grim reality of the matter, however, is rather different. The overwhelming majority of sexual assaults are committed by a person known to the victim, be it a friend, family member, or neighbour.
A rape trial is a harrowing affair for both victim and the accused, and the consequences for the defendant are dire indeed. If accused of rape, wrongfully or appropriately, not only must the individual contend with a very lengthy prison sentence, but they will also endure a great deal of social isolation and stigmatisation as a result of the conviction. Convicts find it difficult to reintegrate themselves into society after their release from prison and people who have been wrongly convicted of sexual offences, face a battle as tough as the victim ahead of them.
Certain types of sexual offences will also require the offender to become a registered sex offender as per the requirements of the “Meghan’s Law”. Being forced to register to this website means that the fact that you are a registered sex offender is a fact that maybe disclosed by the police to the people in your neighbourhood in certain conditions. Under Pennsylvania sex offender registry requirements, the sex offender will be required to submit such details as personal address, distinguishing features (tattoos, scars) as well as social security number and any change in the personal details of the offender must be submitted to the police. A failure to do so is an offence in of itself and this can range from a misdemeanour, all the way up to a federal offence dependent upon the severity of the original crime.
If you are wondering how long you will remain on the sex offender register: that depends on the nature of the offence and so you may want to consult with a Philadelphia criminal lawyer to determine the periods which you will be required to conform to. If you have been wrongfully accused, reach out to “Your Harvard Attorney”
A Message for Clients of Attorney Joe Mitchell, “Your Harvard Attorney”
215-557-7111
2 Penn Center, Suite 520, Philadelphia, PA 19102
www.JoeMitchellAttorney.com
