PA Superior Court: Adult Defendants Cannot Be Required to Register as Sex Offenders for Crimes Committed as Juveniles

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Haines, holding that adults may not be required to register as sex offenders when they are prosecuted and convicted for sex crimes that they committed while under the age of 18. This case is most likely to apply in situations where a defendant who was also a juvenile at the time is accused of committing some type of sex offense against another juvenile and the complainant then does not come forward until the defendant has become an adult. It is an important opinion which recognizes that children simply have not finished developing mentally prior to the age of 18 and so should not be punished as adults even when there is a delayed report of a sex offense.

The Facts of Haines

In Haines, the defendant pleaded guilty in 2017 to two counts of Indecent Assault of a person less than thirteen years of age. The charges related to incidents which occurred approximately ten years earlier when both the victims and the defendant were children. Specifically, the defendant was 14 or 15. The defendant pleaded guilty, but prior to sentencing, she moved to bar any sex offender registration requirement pursuant to the Supreme Court’s opinion in Commonwealth v. Muniz in which the Court held that SORNA registration is punitive.

The trial court denied the defendant’s motion and imposed sex offender registration requirements. The defendant appealed, arguing both that she could not be required to register under a statute which did not exist at the time of the offense as this would constitute an ex post facto violation and that the cruel and unusual punishment clause bars requiring an adult to register as a sex offender for a crime committed as a juvenile.

The Superior Court’s Opinion

The Superior Court agreed with the defendant on the juvenile issue. The court concluded that requiring an adult to register as a sex offender for crimes committed as a juvenile constitutes cruel and unusual punishment. The Court noted that lifetime registration for juveniles who commit sex crimes and are prosecuted while they are still juveniles has already been found unconstitutional by the Pennsylvania Supreme Court. It further noted that the United States Supreme Court has recognized that mandatory life imprisonment for juvenile defendants is also unconstitutional based on the inherent understanding of the fundamental differences between adults and children, children’s lack of maturity, and their undeveloped sense of responsibility leading to recklessness, impulsivity, and heedless risk-taking.

Synthesizing these two opinions, the Court quickly concluded that had the defendant been adjudicated delinquent at the time of the offense, she would not have been registered to register as a sex offender. The fact that she was subsequently convicted as an adult does not change the fact that she was a juvenile at the time of the commission of the offense. Therefore, she should not be held to an irrefutable presumption of re-offending even though she was not prosecuted until she had turned 26. Therefore, the Court reversed the portion of the sentence requiring the defendant to register as a sex offender.

This is an extremely important opinion as it is not uncommon for delayed reports of sex offenses to lead to prosecutions of adults for crimes committed when they were children. This opinion makes the collateral consequences of a conviction somewhat closer to what they would have been had there been a timely prosecution for the offense. As this case was decided by a three-judge panel of the Superior Court, it is very possible that the Court could grant en banc review or that the Pennsylvania Supreme Court could review the decision.

Facing criminal charges? We can help.

Criminal Defense Lawyers Demetra Mehta and Zak Goldstein

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. 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.

Not Guilty: Attorney Goldstein Wins Full Acquittal in Rape Jury Trial

Philadelphia Criminal Defense Lawyer Zak Goldstein

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire recently won a full acquittal from a Philadelphia jury on Rape charges in the case of Commonwealth v. J.B..

In this case, the complainant alleged that her mother's boyfriend, J.B., had been regularly beating her with a belt and sexually assaulting her. She claimed that these incidents would usually happen when she got in trouble at school or otherwise failed to follow the rules in the home. She also claimed that this would often happen when her mother or siblings were home, but no one saw anything or did anything about it. Based on her complaint, Philadelphia Police arrested J.B. and charged him with Rape, Unlawful Contact with a Minor, and Indecent Assault.

Knowing that these cases are extremely difficult to defend and win at trial, J.B. retained Attorney Goldstein for trial. Upon reviewing the discovery for the case, Attorney Goldstein quickly saw that there were major problems with the complainant's story, and Attorney Goldstein was able to show those problems to the Philadelphia jury.

First, the complainant had made similar allegations to her sister and mother prior to going to the police but then admitted to them that she had made the story up because she was afraid of getting in trouble for receiving a bad report card at school.

Second, although she claimed that J.B. had beaten her with a belt and sexually assaulted her two days before she went to the police, not a single investigator had seen her with any kind of bruising or injuries. The police officers who investigated, the DHS worker who was assigned to her case, and the medical professionals who examined her at the hospital all failed to note any injuries or bruising of any kind.

Third, there were major inconsistencies in her story that Attorney Goldstein was able to highlight on cross-examination.

Finally, she claimed that this had all happened in broad daylight in front of numerous family members, but none of the family members had seen anything or corroborated her story, and the Commonwealth had also not obtained any physical or forensic evidence linking J.B. to any kind of assault in any way.

Attorney Goldstein successfully cross-examined the complainant on these major holes in her story and highlighted the lack of any other corroborating evidence for the jury. Faced with the problems in the testimony and the lack of physical evidence, the jury quickly acquitted J.B. of all charges.

These types of cases are extremely difficult to defend and win in today's climate. Jurors are under a significant amount of pressure to believe the alleged victim in a sexual assault case even in the absence of any corroborating evidence. Therefore, if you or a loved one are facing criminal charges for alleged sexual misconduct, it is extremely important that you retain counsel with the skill and experience necessary to properly defend you in court and protect the presumption of innocence.

Facing criminal charges? We can help.

Philadelphia Criminal Defense Lawyers

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, DUI, PWID, Rape, and Murder. We have also won new trials on appeal and in Post-Conviction Relief Act litigation for clients who were wrongfully convicted or who received the ineffective assistance of counsel. 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 New Trial In Sexual Assault Case On Appeal of PCRA Petition

Criminal Defense Lawyer Zak Goldstein

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire recently won a new trial for a client who had been convicted of rape and related charges for allegedly molesting his step-daughter.

In Commonwealth v. R.S., the defendant had been charged with rape of a child and related charges for allegedly sexually assaulting his step-daughter. The client was represented by a different attorney at trial, and at trial, the complainant testified to the details of the alleged abuse. The Commonwealth also called a number of witnesses to testify to the complainant’s disclosure of the allegations as well as the investigating detective.

In response, the defendant’s attorney called his then-wife to testify that she did not believe the allegations and had never seen anything suspicious. He also called the defendant to testify, and the defendant adamantly denied the allegations. The Commonwealth introduced no physical or forensic evidence to corroborate the allegations, and there were no other witnesses who had ever seen anything even remotely inappropriate. Nonetheless, the jury convicted R.S. of the charges based solely on the testimony of the complainant. R.S. was sentenced to 40 years’ incarceration, and his direct appeals were denied.

The Post-Conviction Relief Act Petition

After the Superior Court denied the direct appeal, R.S. retained Attorney Goldstein to file a Post-Conviction Relief Act Petition. Attorney Goldstein reviewed the transcripts and immediately noticed that the trial attorney had made a number of critical errors during the course of the trial. Most importantly, the trial attorney had failed to call character witnesses on R.S.’s behalf.

In Pennsylvania, character evidence is extremely important and may be the basis for reasonable doubt on its own. A defendant who has no prior criminal convictions may call witnesses to testify on his or her behalf and to tell a judge or jury that the defendant has an excellent reputation in the community for being a peaceful, non-violent person. A defendant who produces that type of testimony is then entitled to a special jury instruction which informs the jury that the character testimony, if believed, may provide the basis for reasonable doubt even if the jury otherwise believed the allegations.

Here, R.S. had no prior convictions, but his defense attorney failed to introduce any character evidence at trial. Therefore, one of the main claims in the PCRA Petition was that the defense attorney provided the ineffective assistance of counsel by neglecting to call character witnesses on R.S.’s behalf and thereby failing to obtain this critical jury instruction. The trial court held an evidentiary hearing and eventually credited the attorney’s testimony that he felt that character evidence was not relevant because the defendant’s wife had testified that she did not believe the complainant. The trial court then denied the PCRA Petition, finding that trial counsel had provided the effective assistance of counsel.

The Appeal of the PCRA Petition’s Denial

PCRA Petitions can be difficult to win in the trial court because they are typically heard by the judge who presided over the trial. Naturally, many judges do not want to overturn a conviction for a case where they sat through the trial, particularly if the judge agreed with the result. Fortunately, the improper denial of a Post-Conviction Relief Act Petition may be appealed to the Pennsylvania Superior Court and Supreme Court if necessary. Judges may also simply disagree with the claims raised in the Petition.

After the trial judge denied the PCRA Petition, Attorney Goldstein immediately filed an appeal to the Pennsylvania Superior Court. In a lengthy opinion, the Superior Court overruled the trial court and ordered a new trial. Superior Court concluded that based on a century of precedent, trial counsel was ineffective in failing to call character witnesses on R.S.’s behalf, and the mere fact that he had called fact witnesses as part of the defense did not eliminate the requirement that he provide effective representation by calling the character witnesses. The Court noted that this entire case came down to the testimony of two witnesses - the complainant who said that this happened, and R.S. who said that it did not. R.S. suffered prejudice from the fact that the jury was not informed of his outstanding reputation in the community and the instruction that that reputation alone could provide a reasonable doubt.

Fortunately, the Superior Court reversed the conviction and awarded R.S. a new trial at which he will be able to call the character witnesses.

Facing criminal charges? We can help.

Philadelphia Criminal Defense Lawyers Demetra Mehta and Zak Goldstein

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, DUI, PWID, Rape, and Murder. 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.

PA Superior Court: Sentencing Gradation of Unlawful Contact with Minor Charge Must Take Acquittal on More Serious Charges Into Account

Philadelphia Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Pope, holding that the gradation of an unlawful contact with minor charge must take an acquittal on more serious charges into account. This is because the unlawful contact with a minor provides that unlawful contact shall either be graded as a felony of the third degree or the same as the most serious sexual offense that the defendant is alleged to have committed. In this case, the defendant was acquitted of first-degree-felony Attempted Involuntary Deviate Sexual Contact, and therefore the trial court erred in grading the unlawful contact with a minor charge as a felony of the first degree at sentencing.

The Facts of Pope

In Pope, the Commonwealth alleged that the minor complainant lived with her mother and her mother’s boyfriend, the defendant, from the age of three years old until she turned thirteen. At some point, the complainant began dating someone her own age. The complainant accused the defendant of extorting her for sexual favors in exchange for permission to visit her boyfriend. Specifically, she testified that she had to give the defendant a hand job for a two hour visit, two hand jobs for a four hour visit, or a blow job for a full day visit with her boyfriend. She testified that this happened on numerous occasions. She also claimed that on one occasion, the defendant attempted to have anal sex with her.

The complainant eventually told a friend that this had been happening, and her father eventually learned of the allegations. Her father took her to the police station to make a report. Police eventually charged the defendant with attempted involuntary deviate sexual intercourse (“IDSI”), aggravated indecent assault, indecent assault, one count of unlawful contact with a minor, and one count of corruption with minors. Following a jury trial, the defendant was convicted of unlawful contact with a minor and corruption of minors. The jury acquitted him of the other offenses. At sentencing, the trial court graded the unlawful contact with minors charge as a felony of the first degree and sentenced the defendant to 62-124 months’ incarceration. The defendant appealed, and the Superior Court denied the appeal.

PCRA Challenge to the Illegal Sentence

After the Superior Court denied the appeal, the defendant filed a timely Post-Conviction Relief Act Petition, eventually alleging, among other things, that his trial and appellate attorneys provided the ineffective assistance of counsel in failing to challenge the F1 gradation of the unlawful contact with minors charge. The trial court dismissed the petition, and the defendant appealed the denial of the PCRA to the Pennsylvania Superior Court. This time, the Superior Court granted relief.

The Superior Court Appeal

Initially, the defendant claimed that he had received the ineffective assistance of counsel because his prior attorneys failed to challenge the gradation of the unlawful contact charge. The Superior Court, however, concluded that it had the power to correct an illegal sentence even on the direct appeal of a timely PCRA Petition and that it did not have to reach the issue of whether the prior attorneys were ineffective. Instead, the Superior Court simply agreed with the defendant.

Section 6318 of the Pennsylvania Crimes Code defines unlawful contact with a minor as follows:

(a) Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth:

(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).

(2) Open lewdness as defined in section 5901 (relating to open lewdness).

(3) Prostitution as defined in section 5902 (relating to prostitution and related offenses).

(4) Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).

(5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).

(6) Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

(b) Grading.--A violation of subsection (a) is:

(1) an offense of the same grade and degree as the most serious underlying offense in subsection (a) for which the defendant contacted the minor; or

(2) a felony of the third degree; whichever is greater.

Thus, the key issue in the appeal was what the most serious underlying offense in subsection (a) for which the defendant contacted the minor would be following the jury’s acquittal on the most serious charge of IDSI. In general, the Commonwealth does not even have to charge a defendant with other offenses in order to pursue a prosecution for unlawful contact. Instead, the Commonwealth would simply allege unlawful contact with a minor, and if the prosecution could prove that the contact was for the purpose of committing IDSI (for example by obtaining oral or anal sex), then the unlawful contact would be properly graded as an F1.

The analysis changes, however, when a jury acquits the defendant of specific charges. Where the jury acquits the defendant of more serious charges, the sentencing court is not permitted to guess which offense the defendant sought to commit when he contacted the minor. Instead, the sentencing court should apply the default gradation of a felony of the third degree. Further, the jury instructions did not provide any clarification in this case as to which offense the jury found the defendant had attempted to commit. Therefore, the Superior Court reversed the sentence and found that the defendant should have been sentenced on unlawful contact with a minor as a felony of the third degree. The defendant will receive a new sentence, and it will necessarily be shorter because the maximum sentence for a felony of the third degree is 3.5-7 years’ incarceration.

FACING CRIMINAL CHARGES? WE CAN HELP.

Criminal Defense Lawyers Demetra Mehta and Zak Goldstein

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. 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.