Philadelphia Criminal Defense Blog

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?

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 11/7/25 Zak Goldstein 11/7/25

Attorney Goldstein Wins Federal Suppression Motion in Electronic Contraband Case

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, of Goldstein Mehta LLC recently secured a major victory in federal court when a judge granted his motion to suppress all evidence in a serious federal criminal case. The ruling, issued by the United States District Court for the Eastern District of Pennsylvania, resulted in the exclusion of every item seized by investigators and effectively ended the government’s case.

The client had been charged in federal court with offenses involving the alleged possession and production of unlawful digital material. The prosecution’s entire case depended on evidence taken from a series of search warrants that allowed agents to seize and examine the client’s computers, phones, and other electronic devices.

Attorney Goldstein challenged the legality of those searches in a “four corners” motion, arguing that the warrants were unconstitutional because they were not supported by probable cause. In particular, he demonstrated that the affidavits failed to draw any meaningful connection between the conduct being investigated and the belief that illegal material would be found on the client’s electronic devices. Instead, the government relied on a boilerplate assumption that people accused of sexual misconduct are likely to possess such material on their electronics. Attorney Goldstein argued that this “profile-based” reasoning violated long-standing Third Circuit precedent, which requires a clear factual nexus between the alleged crime and the evidence sought.

The federal judge agreed, ruling that the affidavits were too speculative to support probable cause and that the warrants were so deficient that the “good faith” exception did not apply. The court found that no reasonable officer could have believed that the affidavits established a sufficient basis to search the client’s home and devices. Because the subsequent search warrants were based on evidence obtained from the initial unconstitutional searches, all of the evidence in the case was suppressed.

This outcome is a tremendous win and a relatively rare event in federal criminal litigation. Federal suppression motions are extremely difficult to win. Courts often defer to the government’s investigative process, and they routinely apply a good faith exception where, as here, investigators obtain a search warrant even if the warrant itself turns out to be lacking. Attorney Goldstein’s success demonstrates the value of a deep understanding of constitutional law and the willingness to challenge law enforcement overreach through careful, methodical, and aggressive litigation.

Facing federal criminal charges? We can help.

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, 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 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

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.