Philadelphia Criminal Defense Blog

Zak Goldstein 3/17/26 Zak Goldstein 3/17/26

PA Superior Court Vacates Life Sentence and Orders New Trial in Franklin County Murder Case After Attorney Goldstein Wins PCRA Appeal

Criminal Defense Lawyer Zak Goldstein — Criminal Defense Lawyer Zak T. Goldstein, Esquire

Attorney Goldstein recently won a major victory in the Pennsylvania Superior Court as the Court reversed the denial of his client’s Post Conviction Relief Act (PCRA) petition, vacated the judgment of sentence, and remanded the case for a new trial.

Attorney Goldstein’s client had been convicted following a ten-day jury trial in Franklin County of second-degree murder, burglary, robbery, and three counts of conspiracy. He was sentenced to life imprisonment for the murder conviction and a consecutive aggregate sentence of 28 to 56 years’ imprisonment on the remaining charges. Attorney Goldstein entered his appearance as PCRA counsel, filed an amended PCRA petition, and represented the client through the PCRA evidentiary hearing and subsequent appeal to the Superior Court.

The central issue on appeal involved trial counsel’s failure to move to suppress evidence obtained from a cell phone that police had searched without a warrant. After the client’s arrest, law enforcement directed Maryland State Police to power on the client’s iPhone and call a suspected phone number to confirm the phone’s connection to that number — all before obtaining a search warrant. The evidence obtained from the phone, including text messages, photographs, rap lyrics, and data linking the client to a co-defendant, formed the backbone of the Commonwealth’s case.

Attorney Goldstein argued that trial counsel was ineffective for failing to file a motion to suppress the cell phone evidence under Riley v. California, 573 U.S. 373 (2014), which categorically requires police to obtain a warrant before searching a cell phone. The Superior Court agreed on all three prongs of the ineffectiveness test. First, the Court found the underlying suppression claim had arguable merit, holding that the police’s actions of powering on the iPhone and calling the suspected number constituted a warrantless search under the law as it existed at the time of trial without relying on the Pennsylvania Supreme Court’s later decision in Commonwealth v. Fulton, 179 A.3d 475 (Pa. 2018). The Court further found that the warrant subsequently obtained for the phone was tainted because probable cause to search the phone depended entirely on the information unlawfully obtained through the initial warrantless search.

Second, the Court found trial counsel had no reasonable basis for failing to file the suppression motion. At the PCRA hearing, trial counsel testified he had no recollection of even considering the suppression issue and was unaware of Riley or any other relevant caselaw.

Third, the Court found prejudice, concluding the cell phone evidence was a critical factor in the Commonwealth’s case. The Court noted that of the six testifying eyewitnesses, only one cooperator unequivocally identified the client at trial, the lead investigator acknowledged that no forensic evidence linked the client to the crime scene, and the investigator described the iPhone as the only physical evidence connecting the client to the robbery and murder. Without the cell phone evidence, the Commonwealth’s case was, in the Court’s words, only weakly supported by the record.

This is an important decision addressing warrantless cell phone searches under Riley and the scope of ineffective assistance of counsel claims in PCRA proceedings, and the Court issued a published opinion in this case.

Facing Criminal Charges or a Wrongful Conviction?

If you or a loved one has been wrongfully convicted or believes that the prosecution withheld evidence in your case, we can help. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our experienced criminal defense lawyers are typically available for same-day phone consultations and in-person meetings so that we can begin investigating your case, obtaining exculpatory evidence, and planning your defense. Call 267-225-2545 for a free criminal defense strategy session.

Zak Goldstein 2/11/26 Zak Goldstein 2/11/26

Attorney Goldstein Obtains $1.75 Million Settlement for Wrongfully Convicted Man Who Spent More Than a Decade in Prison

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Philadelphia criminal defense and civil rights attorney Zak Goldstein recently obtained a $1.75 million settlement against the City of Philadelphia on behalf of a man who was wrongfully convicted and spent more than ten years in prison due to the prosecution's failure to disclose critical evidence. The settlement resolves a federal civil rights lawsuit that was filed after Attorney Goldstein first won the client's freedom by successfully litigating a Post-Conviction Relief Act (PCRA) Petition based on a Brady violation.

The Wrongful Conviction

Our client was convicted and sentenced to a lengthy prison term based on evidence that was fundamentally undermined by materials the prosecution never turned over to the defense. For more than a decade, he sat in prison for a crime while the Commonwealth withheld exculpatory evidence that could have changed the outcome of his case. As is far too common in wrongful conviction cases, the prosecution's failure to disclose this evidence deprived both the defense and the jury of information that was essential to a fair trial.

The PCRA Victory: Proving the Brady Violation

After being retained to investigate the case, Attorney Goldstein uncovered evidence that the prosecution had violated its obligations under *Brady v. Maryland* by withholding material, exculpatory evidence from the defense. Under Brady, the government is required to turn over any evidence that is favorable to the defense and material to the outcome of the case. The suppression of such evidence violates the defendant's constitutional right to due process.

Attorney Goldstein filed a PCRA Petition arguing that the withheld evidence would have significantly impacted the outcome of the trial and that the conviction should be vacated. The PCRA court agreed, and the conviction was overturned. After more than ten years of wrongful imprisonment, our client was finally freed.

The Civil Rights Lawsuit and $1.75 Million Settlement

Following the successful PCRA litigation, Attorney Goldstein filed a civil rights lawsuit against the City of Philadelphia on behalf of his client. The lawsuit alleged that the City, through its police officers and prosecutors, violated our client's constitutional rights by suppressing exculpatory evidence, leading to a wrongful conviction and more than a decade of lost freedom.

The case ultimately settled for $1.75 million. While no amount of money can truly compensate someone for the loss of more than ten years of their life, the settlement provides a measure of accountability and recognition of the harm caused by the government's misconduct.

Wrongful Convictions and Brady Violations

This case is a reminder of the devastating consequences that can result when the government fails to meet its constitutional obligations. Brady v. Maryland requires prosecutors to disclose evidence that is favorable to the defense, and the failure to do so can lead to wrongful convictions, destroyed lives, and years of unjust imprisonment. Unfortunately, these violations are not as rare as they should be, and many wrongful convictions go undetected because the suppressed evidence is never uncovered.

Attorney Goldstein and the attorneys at Goldstein Mehta LLC have extensive experience handling PCRA Petitions, criminal appeals, and civil rights claims arising from wrongful convictions and government misconduct. We have successfully obtained relief for clients who have been wrongfully convicted, including winning exonerations, new trials, and significant civil rights settlements.

Facing Criminal Charges or a Wrongful Conviction?

Zak Goldstein 8/4/25 Zak Goldstein 8/4/25

Superior Court Reverses Denial of PCRA Relief for Attorney Goldstein’s Client in Internet Contraband Case

Philadelphia Criminal Defense Attorney Zak Goldstein — Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, recently won a significant victory for his client, M.D., in the Pennsylvania Superior Court. In a detailed, 18-page opinion issued in July 2025, the Superior Court reversed the PCRA court’s order dismissing M.D.’s Post Conviction Relief Act petition and remanded the case for further proceedings. The Court found that the PCRA court erred in concluding that trial counsel was effective despite trial counsel’s decision to repeatedly tell the jury that the client had asked to speak with a lawyer and declined to give a statement to the police when the police executed a search warrant at his house.

The client had been convicted following a second jury trial of possession and dissemination of child pornography and sentenced to five to ten years in state prison. His first trial ended in a mistrial after the first jury could not reach a unanimous verdict. The Superior Court denied his direct appeal, and the client filed a PCRA petition. The PCRA court appointed a different lawyer, who amended the petition, and the PCRA court denied that petition. The client then hired Attorney Goldstein for the appeal from the denial of the first PCRA petition.

On appeal, Attorney Zak Goldstein raised layered claims of ineffective assistance of counsel—arguing both that the client’s trial counsel mishandled crucial aspects of the defense and that PCRA counsel failed to raise those issues in the first petition. For example, PCRA counsel failed to argue that the trial attorney was ineffective for introducing evidence of her own client’s post-Miranda silence.

The Superior Court agreed and remanded the case for an evidentiary hearing before the trial judge, who also presided over the PCRA proceedings. The judge heard from the attorneys who represented the client at the second trial that ended in a conviction as well as the first PCRA lawyer and again denied the petition. Attorney Goldstein filed an appeal, and the Superior Court reversed yet again.

This time, the Superior Court held that trial counsel acted unreasonably and to her client’s detriment by repeatedly referencing the client’s post-Miranda silence during trial. Although trial counsel claimed that this was a strategic decision designed to convey innocence, the Superior Court found the strategy lacked a reasonable basis and was more likely to cause the jury to infer guilt. As the Court noted, “most laymen view an assertion of the Fifth Amendment privilege as a badge of guilt,” especially when invoked during the execution of a search warrant for devices suspected of containing illicit content.

The Court further found that this improper strategy created a reasonable probability of a different outcome at trial, thereby undermining confidence in the verdict. As a result, the Court concluded that the client had satisfied all three prongs of the Strickland test for ineffective assistance and that the PCRA court erred in rejecting his claim. The Superior Court therefore vacated the order denying the PCRA petition and remanded for further proceedings.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Goldstein Mehta LLC Criminal Defense Attorneys — Goldstein Mehta LLC Criminal Defense

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client, and we frequently spot issues and defenses that other lawyers miss. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 7/25/25 Zak Goldstein 7/25/25

Philadelphia Gun Charges Dismissed – Motion to Quash Granted

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire of Goldstein Mehta LLC recently won a major victory for one of his clients in the Philadelphia Court of Common Pleas. Attorney Zak T. Goldstein successfully argued a Motion to Quash (Habeas Corpus Petition) in a firearms case, resulting in the complete dismissal of all charges prior to trial. This case highlights why an aggressive and experienced Philadelphia criminal defense lawyer can make the difference when facing VUFA (Violation of Uniform Firearms Act) charges.

Background: Gun Charges After a Medical Emergency

The client, D.F., was charged with two serious offenses:

18 Pa.C.S. § 6106 – Firearms Not to be Carried Without a License (F3)
18 Pa.C.S. § 6108 – Carrying Firearms on Public Streets in Philadelphia (M1)

The case began when D.F., a security guard, experienced a medical emergency while at work. He was transported to Einstein Hospital by ambulance. Hospital security later discovered a backpack near him that contained a firearm. The Philadelphia Police learned that he did not have a license to carry a firearm and charged him with these offenses.

Importantly, there was no evidence that D.F. had carried the gun on a public street, in a vehicle, or that he intentionally brought the firearm to the hospital. Instead, the only evidence was that he had been transported to the hospital from work and that a gun was found in the bag. The Municipal Court nonetheless held the case for trial after a preliminary hearing.

Defense Strategy: Challenging Weak Gun Cases at the Preliminary Hearing Stage

Attorney Goldstein filed a Motion to Quash (Petition for Writ of Habeas Corpus) arguing that the case should be dismissed because:

Lawful possession at work – The Commonwealth’s own evidence established that D.F. was employed as a security guard and had been picked up at work during a medical emergency. Pennsylvania law allows a security guard to have a firearm at a fixed place of employment without a license to carry. It is recommended, however, that the guard obtain an Act 235 license or license to carry before doing so, but that is not a requirement of the statute.
No voluntary act or criminal intent – D.F. did not choose to transport the firearm; instead, he was taken to the hospital involuntarily by ambulance. There was no evidence of a voluntary act or intent required to sustain a prosecution under §§ 6106 or 6108.
Reliance on hearsay – The Commonwealth relied heavily on hearsay statements from a hospital security guard and D.F.’s own statement without offering non-hearsay evidence of possession. Under Commonwealth v. McClelland and Commonwealth v. Harris, a prima facie case cannot be made out solely with hearsay.

The Court’s Ruling: Charges Dismissed

The judge agreed with Attorney Goldstein’s arguments and granted the motion to quash, dismissing all charges. This ruling means that D.F. will not face trial for these unfounded gun charges.

Why Early Defense Matters in Philadelphia Gun Cases

This case underscores the importance of having an experienced Philadelphia gun charge attorney as early as possible. Motions to Quash and preliminary hearings are critical opportunities to challenge weak evidence and avoid the risks of a jury trial.

At Goldstein Mehta LLC, we have a proven track record of winning motions to suppress, motions to quash, and trials in Philadelphia gun and firearms cases. Our lawyers know the law and fight aggressively to protect our clients’ rights.

Charged With a Gun Offense in Philadelphia?

If you are facing VUFA charges, 6106/6108 charges, or any other gun-related offense in Philadelphia, call the experienced Philadelphia criminal defense attorneys at Goldstein Mehta LLC at (267) 225-2545. We offer a free criminal defense strategy session and will fight to protect your freedom.