Philadelphia Criminal Defense Blog
Superior Court Reverses Denial of PCRA Relief for Attorney Goldstein’s Client in Internet Contraband Case
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
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.
Philadelphia Gun Charges Dismissed – Motion to Quash Granted
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
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.
Goldstein Mehta LLC Criminal Defense
Attorney Goldstein Wins New Trial in Murder Case Due to Improper Ruling on Calling Character Witnesses
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire of Goldstein Mehta LLC recently won a new trial for a client convicted of third-degree murder and aggravated assault in Commonwealth v. V.G. In a decision issued on July 16, 2025, the Pennsylvania Superior Court agreed that the trial court violated the client’s constitutional right to present a defense when it prohibited him from calling character witnesses at his retrial for a 2017 shooting in Lehigh County. The Superior Court vacated the judgment of sentence and remanded the case for a new trial, finding that the error was not harmless because the defendant’s credibility was central to the defense and character evidence could have created a reasonable doubt for the jury.
The Evidence in V.G.
The case arose out of a New Year’s Eve party held on December 31, 2017, at a private residence in Allentown. The Commonwealth alleged that the defendant attended the party after receiving an invitation through social media. At some point after midnight, another attendee, the decedent, who was heavily intoxicated, announced to his friend that he was going to take someone’s phone. He then grabbed the defendant’s phone for no reason. The two did not know each other, and the defendant ultimately shot the decedent twice. According to the defendant’s prior testimony from a previous trial which was also overturned, he acted in self-defense after the much larger decedent took his phone, cursed at him, threatened him, and tried to punch him. The defendant then shot a second individual, the decedent’s friend, who the defendant claimed was approaching in a threatening manner with one hand concealed around his waistband as the decedent assaulted him. The surviving complainant was struck three times but survived.
The defendant was eventually charged with the first-degree murder of the decedent and attempted murder on the surviving complainant. At a first trial, he was convicted of first-degree murder and other charges. That conviction was reversed on appeal after the trial court refused to instruct the jury on voluntary manslaughter based on imperfect self-defense. The Superior Court remanded the case for a second trial, which took place in 2023.
The Trial Court’s Ruling on Character Witnesses
Prior to the second trial, the defense indicated that it planned to call character witnesses who would have testified that the defendant, who had no criminal record at the time of the shooting, had a reputation in the community for being a peaceful and non-violent person. These traits were directly relevant to the homicide and aggravated assault charges because Pennsylvania law has long recognized that character evidence may be enough by itself to raise a reasonable doubt and require an acquittal.
The trial judge, however, refused to allow the defense to present character evidence. The trial court relied on a case called Commonwealth v. Kim, which is a diminished capacity case, and concluded that because the defendant admitted to the shootings, character evidence was irrelevant—even though the defendant’s defense at trial was that he acted in self-defense and, at most, committed voluntary manslaughter. Despite defense counsel’s repeated efforts to clarify that the defense was not one of diminished capacity, the trial court barred all character testimony.
PA Superior Court: The Defense Should Have Been Allowed to Call Character Witnesses
The defendant appealed, and Attorney Goldstein successfully convinced the Superior Court to reverse the conviction on appeal. Attorney Goldstein argued that the trial court erred in precluding the character evidence and that the error was not harmless. The Superior Court agreed. The panel held that the trial court misapplied Commonwealth v. Kim and improperly excluded the defendant’s peaceful character evidence. The Court emphasized that:
[The defendant] did not argue a diminished capacity defense. Rather, he argued that he acted in self-defense, committed at most voluntary manslaughter, and did not act with the mens rea necessary for attempted murder, murder, or aggravated assault. Therefore, Kim is inapplicable to the present case.
The Court reaffirmed that defendants are permitted to offer evidence of a reputation for peacefulness in violent crime cases and that such evidence is “substantive” and “may, in and of itself, create a reasonable doubt.” Because the defendant’s credibility was essential to the outcome of the trial—he testified to acting in self-defense while the complainant claimed the shooting was unjustified—the exclusion of this evidence could not be deemed harmless.
The Court concluded:
The character witnesses would have strengthened the defendant’s credibility, and the jury may have been more likely to credit his theory that he acted in self-defense.
The Superior Court vacated the judgment of sentence and remanded the case for a new trial at which the defendant will be able to call character witnesses.
The Importance of Character Evidence in Criminal Trials
This case highlights the critical role that character evidence can play in a Pennsylvania criminal trial. In cases involving violent crimes such as homicide and aggravated assault, the law allows defendants to introduce testimony from community members attesting to the defendant’s reputation for being peaceful, non-violent, or law-abiding. This evidence can be powerful when credibility is at issue, especially in self-defense cases where the only witnesses are the defendant and the alleged victim(s) or complainants.
The Court’s decision reinforces the principle that even when a defendant concedes involvement in a physical confrontation, they are still entitled to present a full defense, including character testimony, when disputing malice, intent, or justification. It also highlights the important of making a good record for appeal. Trial counsel did not leave any doubt that the defendant both intended to call character witnesses and had character witnesses available to testify both at a pre-trial hearing and at trial, thereby making sure that the appellate court could not find the claim undeveloped or waived for appeal.
Facing criminal charges or appealing a criminal case in Pennsylvania?
Goldstein Mehta LLC Defense Attorneys
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. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
Attorney Goldstein Wins Reversal of Dismissal of PCRA Petition on Prosecutorial Misconduct Claim
Criminal Defense Attorney Zak Goldstein
Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, recently won the Superior Court appeal of the denial of a PCRA petition. In the case of Commonwealth v. S.D., the Superior Court reversed the denial of a PCRA petition and remanded the new case for an evidentiary hearing on whether trial counsel was ineffective in failing to object to improper arguments from the prosecutor during opening statements closing arguments.
S.D. was charged with burglary and related charges for an alleged home invasion burglary. During both opening statements and closing arguments, the prosecutor repeatedly urged the jury to imagine themselves in the victims’ shoes and think about how scary the incident must have been for them. S.D.’s trial attorney failed to object to this argument.
Pennsylvania appellate courts have long held that prosecutors may not make argument designed specifically to inflame the passions of the jury or designed solely to get the jury to convict based on sympathy for the victim. Prosecutors have lots of leeway in terms of being allowed to use oratorical flourish and in making argument, but there are limits. Indeed, courts have repeatedly held that urging jurors to imagine themselves as the victims of a crime is improper.
After S.D.’s appeals were unsuccessful, S.D. retained Attorney Goldstein to file a Post-Conviction Relief Act Petition (PCRA). Attorney Goldstein filed the petition, alleging that trial counsel provided the ineffective assistance of counsel in failing to object to the prosecutor’s improper argument. The trial court denied the petition, but the Superior Court reversed the denial of the petition on appeal. The Superior Court recognized that the case law generally prohibits prosecutors from making arguments similar to those at issue in this case. The Court therefore remanded the case for an evidentiary hearing on whether trial counsel had a strategic basis for failing to object. If the court finds that trial counsel did not have a good reason for failing to object, then S.D. may receive a new trial.
Facing criminal charges or appealing a criminal case in state or federal court in Pennsylvania? We can help.
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
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 in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court, including 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. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.