Philadelphia Criminal Defense Blog

Zak Goldstein 6/25/24 Zak Goldstein 6/25/24

Speedy Trial Motion Granted in Sexual Assault Case

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won a speedy trial motion to dismiss all charges in a sexual assault case. In Commonwealth v. VK, the client was charged with rape, involuntary deviate sexual intercourse and related charges after the complainant reported that the client had assaulted her years earlier. The complainant did not disclose the alleged abuse for about a decade.

The complainant made a police report, and a detective then obtained an arrest warrant and put the arrest warrant in the system. The detective then did essentially nothing to arrest the client. By then, he had moved to another state. The client was eventually arrested by police in the other state during a random encounter more than two years later and extradited to Philadelphia. Upon his arrival in Philadelphia, he retained Attorney Goldstein. Attorney Goldstein successfully argued for a reasonable bail at preliminary arraignment.

The charges were held for court at the preliminary hearing. Once the case reached the Court of Common Pleas and motions could be filed, Attorney Goldstein immediately filed a motion to dismiss pursuant to Rule 600(a) of the rules of criminal procedure. In the motion, Attorney Goldstein argued that the charges should be dismissed because the Commonwealth failed to bring the client to trial within 365 days as required by the rule.

Under the rules, the one year deadline for bringing a defendant to trial begins to run on the date on which the complaint is filed. Accordingly, the time during which a defendant has charges filed against them and a complaint pending counts for purposes of the rule unless the Commonwealth exercises due diligence in attempting to locate the defendant but is unable to do so. For example, if a defendant is being held in custody in another state and the other state refuses to extradite the defendant despite the Commonwealth’s attempts to obtain extradition, then the time might not count. Or, if the police conduct records checks and attempt to locate the defendant but are unable to do so despite giving it a good effort, then the time may not count.

Here, the detective who filed the charges testified at a hearing on the motion that he made a couple of phone calls to phone numbers he could not remember when he first filed the charges. He did not call authorities in the other state, he did not have anyone check the addresses in those states, he did not check social media, and he did not ask federal marshals to look for the defendant. Accordingly, Attorney Goldstein argued that the police and prosecutors had failed to exercise due diligence for more than a year from the filing of the complaint.

Ultimately, the Philadelphia Court of Common Pleas judge agreed. The trial judge dismissed all of the charges, and the record can now be expunged. The appellate courts have increasingly enforced the speedy trial rules in Pennsylvania over the last few years. Filing criminal charges against someone is a serious thing, and the Commonwealth is not allowed to just leave cases sitting for years without taking real steps to move the cases forward. Here, the police did nothing to locate and extradite the client despite knowing where he was. This led to pending charges sitting against the client for years. That is exactly what Rule 600 prohibits. Accordingly, the judge dismissed the case.

What is Rule 600?

Rule 600 is Pennsylvania’s speedy trial rule. It applies to felony cases in Philadelphia. Municipal Court misdemeanor cases have a different rule (Rule 1013). Under Rule 600(a), the Commonwealth generally must bring the defendant to trial within 365 days of the filing of the complaint. There are lots of exceptions - defense continuances, continuances due to the court’s schedule, and continuances where the Commonwealth acted with due diligence but could not move forward due to circumstances outside of their control all may not count words the 365 days. But in general, if the case is delayed because the Commonwealth is not ready to proceed without a very good excuse, the time counts against the Commonwealth. Obtaining dismissal under the rule requires filing a written motion in the Court of Common Pleas.

Under Rule 600(b), a defendant in custody because they cannot afford bail may only be held for 180 days before they should be released on nominal bail (usually with house arrest). Again, there are exceptions for defense continuances, but they are more limited. Additionally, the Commonwealth usually responds to a 600(b) speedy trial bail motion by moving to revoke the defendant’s bail. In that case, the trial judge will have to make a determination as to whether the defendant is such a flight risk or danger to the community that bail should be revoked. In less serious cases, the defendant will almost always be released. In more serious cases such as shootings and rapes, this becomes a bigger issue.

The Pennsylvania Supreme Court has repeatedly instructed the trial courts to follow the rule and enforce it more reliably over the last few years, and courts have begun to do so. Here, the trial court followed the rule and dismissed the charges.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Philadelphia Criminal 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 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.

Zak Goldstein 5/25/24 Zak Goldstein 5/25/24

Attorney Goldstein Obtains Reduced Sentence for Client Following Successful Appeal in Drug Case

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

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, recently obtained a significantly reduced sentence for a client following a successful Superior Court appeal in a drug case. In the case of Commonwealth v. M.F., the defendant went to trial with a different attorney in Blair County on charges of drug delivery resulting in death, possession with the intent to deliver, recklessly endangering another person, criminal use of a communications facility, and possessing a controlled substance. The jury acquitted the defendant of drug delivery resulting in death, but it found him guilty of PWID and related charges. The trial judge then sentenced him to 17.5 - 35 years in prison for the conviction on PWID and the other charges even though he was acquitted of homicide.

The client retained Attorney Goldstein, and Attorney Goldstein appealed to the Pennsylvania Superior Court. The Superior Court vacated the sentence, finding that it was excessive because it far exceeded the sentencing guidelines in effect at the time of the offense. The Court remanded the case back to the trial judge for a new sentencing hearing. Attorney Goldstein continued to represent M.F. for sentencing. By the time of sentencing, M.F. had been in custody for about six years, so Attorney Goldstein requested a total sentence of roughly 6 - 12 years’ incarceration so that M.F. would be eligible for parole. The trial court agreed with the defense’s recommendation and re-sentenced M.F. as requested by the defense. Accordingly, this successful appeal resulted in a sentence reduction from 17.5 - 35 years to 6 - 12 years, and M.F. will now be eligible for parole.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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

Zak Goldstein 5/11/24 Zak Goldstein 5/11/24

Not Guilty: Attorney Goldstein Wins Another Felon in Possession of Firearm Trial

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire, recently obtained a full acquittal for a client who was charged with various firearms offenses in Philadelphia. In the case of Commonwealth v. E.J., Attorney Goldstein was able to obtain the acquittal following a bench trial in the Court of Common Pleas.

E.J. was charged with numerous violations of the uniform firearms act (VUFA) including carrying a concealed firearm without a license in violation of 18 Pa.C.S. § 6106, carrying a firearm on the streets of Philadelphia in violation of 18 Pa.C.S. § 6108, and prohibited person in possession of a firearm in violation of 18 Pa.C.S. § 6105.

The police claimed that they received a radio call for gun shots. While they were investigating the source of that call, they received a second call for a person screaming that they had been shot. A nearby officer quickly responded to the scene and found E.J. Unfortunately, E.J. was near a gun, and the police eventually recovered the gun and charged him with illegal possession of the gun because he did not have a license to carry and he also had a record which made it illegal for him to have a gun.

E.J. retained Attorney Goldstein and decided to proceed by way of bench trial in the Philadelphia Court of Common Pleas. At trial, the prosecution called the responding officer who arrested E.J. to testify. That officer testified that he arrived on the scene in response to the radio call, and he saw E.J. bending over and rummaging around in between two garbage bags. E.J. then popped up and began walking towards him yelling that he had been shot in the head. The officer could see that E.J. had in fact been shot in the head as E.J. had a bullet wound and was bleeding. The officer frisked E.J. and did not find anything, but he found a gun in between the garbage bags. Other officers transported E.J. to the hospital, where he fortunately made a full recovery, and the responding officer recovered the gun from in between the garbage bags.

The officer testified that in his opinion, it looked like the gun had been recently placed there because it had droplets of what appeared to be blood on it. It had been raining recently, but the gun was not very wet. Photos of the gun, however, showed that it did have water on it, but the prosecution tried to argued that the water could have rolled off of the garbage bags. The officer also testified that no one else was around, so the prosecution argued that E.J. must have put the gun there.

Attorney Goldstein cross-examined the officer extensively on the fact that the officer did not actually see or hear E.J. holding the gun or dropping it onto the ground, the photos of the gun showed that it in fact had water on it, the Commonwealth had not done any testing for DNA, the Commonwealth had not confirmed that the blood on the gun came from E.J. or that it was even definitely blood rather than dirt, and that obviously, E.J. did not shoot himself in the back of the head. Given that he did not shoot himself, someone else must have also been out there with a gun even if the officer did not see who that person was. Thus, although it was certainly suspicious for E.J. to be near the gun, that mere proximity was not enough to show constructive possession of the firearm given all of the circumstances. Attorney Goldstein argued that the police were missing the first half of the story. It was just as likely that someone had shot E.J. and thrown the gun there after the shooting or that someone else had had the gun and tossed it there while fleeing from the shooting knowing that the police would be on the way shortly. E.J. could have then stumbled over in a daze from being shot to see what it was or to pick it up and defend himself if the shooter returned.

The Common Pleas judge deliberated for about two hours and then acquitted E.J. E.J. was free to leave, and he will be eligible to have the charges expunged. Had he been convicted, he would have been facing a lengthy state prison sentence under the state guidelines given the prior convictions that made him ineligible to possess a firearm. Fortunately, he made the right decision in retaining an attorney who was not afraid to try and win the case.

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

Zak Goldstein 3/6/24 Zak Goldstein 3/6/24

Attorney Goldstein Wins Motion to Suppress Firearm in Philadelphia

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won a motion to suppress a firearm in the case of Commonwealth v. R.M.

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

In R.M., three police officers were patrolling Northwest Philadelphia in plainclothes and an unmarked car. They claimed that they saw the defendant driving a car with illegal window tint on all of the windows, so they pulled the car over. When the police approached the car, the defendant was cooperative with them and provided them with all of the paperwork for the vehicle. Nonetheless, one of the officers testified that he could immediately observe the magazine of a gun sticking out from underneath the mat underneath the driver’s feet. The officer asked the defendant if there were any guns or drugs in the car, and when the defendant denied having a gun in the car, the officers pulled him out of the car and searched it. The officers claimed that they only frisked the area around the driver’s seat for officer safety because they could see the magazine and the defendant had denied having a gun in the car. Of course, they did recover a gun and an extended magazine. They claimed to have recovered it from underneath the floor mat. The police arrested R.M., and prosecutors charged him with violations of the uniform firearms act (VUFA) under sections § 6105, § 6106, and § 6108. VUFA § 6105 is a particularly serious charge as it is typically graded as a first-degree felony.

R.M. retained Attorney Goldstein. Following the preliminary hearing, Attorney Goldstein filed a motion to suppress the firearm. Attorney Goldstein argued that police had illegally pulled R.M. over for no real reason and searched the car based on a hunch rather than any actual observation of a magazine or gun.

The Philadelphia Court of Common Pleas held a hearing on the motion to suppress. Attorney Goldstein cross-examined the arresting officer extensively on the fact that the officer had not been wearing a body camera even though most Philadelphia Police officers now wear body cameras, the officers failed to comply with virtually all of the police directives governing the behavior of plainclothes officers, the fact that the officers would not have even able to write a ticket for the window tint because they did not have a computer in their car and would have needed uniformed officers to come to the scene, and the absurdity of the story that the gun just happened to be sticking out in plain view.

Attorney Goldstein also called the vehicle’s passenger as a witness. She testified that the police had pulled the car over shortly after she and the driver left a gas station, immediately removed them from the vehicle, and searched the car extensively before finding the gun. She denied that it could have been in plain view.

As the police had not actually seen R.M. do anything illegal and the gun was likely not actually in plain view prior to the search, the trial court found the officers not credible and granted the motion to suppress the gun. Credibility rulings generally cannot be appealed, so the Commonwealth then withdrew the charges. R.M. will be eligible to have them expunged.

The Plain View Exception

Notably, whether the police can search a car without a search warrant if they see contraband in plain view is still debatable. In this case, the officers claimed that they could see the magazine of the gun in plain view. A magazine on its own is not illegal, and having one in a car does not give the police probable cause or reasonable suspicion to search or frisk the car with or without a warrant, but the presence of the magazine along with the defendant’s alleged denial that he had a gun in the car likely would have given the police the ability to search the car. A false denial would tend to suggest that the defendant actually had a gun but was not allowed to have it. The Superior Court has found that the police may conduct a warrantless search of a vehicle when they see contraband in plain view, but the Pennsylvania Supreme Court has granted review in that case and may reach a different conclusion. Either way, the trial judge found that the plain view exception did not apply in this case because the officers were not credible.

This case highlights the importance of retaining an attorney who will conduct a thorough investigation, who will locate and prepare witnesses to testify credibly for the defense, who will be familiar with the case law and police directives in order to show that the police either did not follow required procedures or the law during a search, and who can effectively cross-examine officers and other witnesses to challenge their credibility at motions and trial.

Facing criminal charges or appealing a criminal case? We can help.

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.