Philadelphia Criminal Defense Blog

Zak Goldstein 10/14/19 Zak Goldstein 10/14/19

PA Superior Court: Double Jeopardy Protections Do Not Prevent Multiple Prosecutions for Unrelated but Similar Burglaries and Thefts

The Pennsylvania Superior Court decided the case of Commonwealth v. Jefferson, holding that a defendant is not entitled to Double Jeopardy relief when he pleads guilty to cases that were not part of the same criminal episode as his remaining open cases. This is not a surprising decision given the facts of these particular cases. Nonetheless, these cases highlight another tool that defense attorneys can use to fight the charges against their clients.

Commonwealth v. Jefferson

The defendant had multiple cases involving theft and burglary-related charges. The facts of each one will be discussed in the subsequent paragraphs. The first case occurred on October 19, 2015. On that date, a witness observed the defendant and another individual in the backyard of a home located on Rittenhouse Street in Philadelphia. The witness, who lived in the neighborhood and knew the homeowner, did not recognize the two men. After a brief conversation, the defendant and the other individual entered a vehicle and left. The witness called 911 to report the incident and provided the number on the license plate to the authorities. Additionally, upon inspection of the home, the homeowner noticed that there were pry marks along the metal frame of the door. The defendant did not have permission to be inside the homeowner’s residence. The defendant was subsequently charged with attempted burglary, criminal mischief, and conspiracy.

The second case involved an incident that took placed on Mansfield Avenue in Philadelphia. The resident of the property in question observed the defendant and another individual break into this home. This resident saw his basement door open which caused him to run outside to flag down a police officer. After finding an officer, he jogged back home and observed the defendant running across the awnings of his home as well as nearby buildings. He also noticed that a black SUV (the same car that was used in the Rittenhouse burglary), which was later to be determined stolen, was parked in the driveway of his residence. The defendant was charged with two separate dockets: the first was burglary, criminal mischief, and other charges, the second docket was for receipt of stolen property, and unauthorized use of a motor vehicle.

While the defendant was awaiting trial on the above cases, he was subsequently charged with six separate dockets with one count of criminal mischief at each case. These charges stemmed from the previously mentioned flight from the Mansfield Avenue residence which resulted in the defendant damaging six awnings during his escape. This resulted in thousands of dollars in damage to these residences. The defendant pleaded guilty to all six of these criminal mischief cases.

After the defendant pleaded guilty to these six other cases, he filed motions seeking to bar prosecution of the more serious burglary cases. The defendant argued that prosecution was barred by 18 Pa.C.S. § 110(1)(ii) which prohibits subsequent prosecutions for cases that arise from the same criminal episode. The trial court denied his motion, with the exception of the criminal mischief charge in the Mansfield burglary case. The defendant then filed an interlocutory appeal arguing that the trial court improperly denied his motion to dismiss the remaining cases against him. On appeal, the Commonwealth conceded that the Mansfield burglary should be dismissed pursuant to Rule 110 because the flight from the burglary, which damaged the awnings, was part of the same criminal incident. However, the Commonwealth argued that the stolen car and the Rittenhouse burglary cases should not be dismissed because they were not related to the Mansfield burglary..

What is Rule 110?

Rule 110 is Pennsylvania’s statute that prohibits multiple prosecutions that arise from the same criminal episode. In other words, it is the codified version of both the Pennsylvania and United States Constitutions’ prohibition against Double Jeopardy. There is a four-part test to determine whether subsequent prosecution should be barred:

The former prosecution must have resulted in an acquittal or conviction;
The current prosecution is based upon the same criminal conduct or arose from the same criminal episode as the former prosecution;
The prosecutor was aware of the instant charges before the commencement of the trial on the former charges; and
The current offense occurred within the same judicial district as the former prosecution.

If all of these elements are met, then the case should be dismissed. As a practical matter, attorneys usually only litigate the second element because the other elements are easy to determine whether they have been satisfied. In the instant case, the Commonwealth only argued that the second element had not been satisfied, meaning the Commonwealth argued that the incidents were unrelated.

The Superior Court’s Decision

The Superior Court denied the defendant’s appeal. The Superior Court held that there was no logical relationship between the Rittenhouse burglary case, the stolen car, and the awnings cases. The awnings cases were the result of the defendant fleeing the scene from the Mansfield burglary. As such, it had no connection to the Rittenhouse burglary. Further, the Superior Court rejected the defendant’s argument that the use of the same stolen car in both burglaries connected the incidents for purposes of triggering double jeopardy protections. Therefore, the defendant will have to face trial for both the Rittenhouse burglary and the stolen car cases.

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.

Zak Goldstein 9/28/19 Zak Goldstein 9/28/19

PA Superior Court: Trial Court Abused Discretion in Dismissing Case Due to Witnesses Being Late

Philadelphia Criminal Defense Lawyer Zak Goldstein

The Superior Court has decided the case of Commonwealth v. Ligon, holding that the trial court abused its discretion when it dismissed a criminal case due to the late arrival of witnesses despite the fact that the prosecutor indicated that he was ready to begin the trial and that they were on their way.

Commonwealth v. Ligon

Philadelphia police arrested the defendant in March 2012 and charged him with multiple crimes, including charges of robbery, burglary, aggravated assault, and various violations of the Uniform Firearms Act. The charges stemmed from an alleged incident that took place in September 2011 involving a Mr. Brady and his grandmother Ms. Martin.

The defendant’s case would be subsequently continued five times before his preliminary hearing was held and the municipal court judge found that there was enough evidence to go to trial on the charges. After his preliminary hearing, his case was then assigned to a Court of Common Pleas judge. When it reached the trial room, his case again was continued a “copious” amount of times. Eventually, his case again was continued and then reassigned to a different trial judge. This trial judge then granted two more continuances, one due to a court conflict and one because the assigned prosecutor had another trial.

The trial finally began on December 5, 2016 and on that day, the parties picked a jury. The following morning, before the jury came into the courtroom, the assigned prosecutor told the trial court that the complaining witnesses had not arrived. The prosecutor stated that although she had arranged a ride for the complaining witnesses, they did not answer the door. The prosecutor further stated that she had been in constant contact with them, having spoken with both the day before trial and having met with one of them on the Friday preceding trial. Based on these conversations, the prosecutor asked for “a little bit more time” for the witnesses to arrive. The trial court said that it could “probably give [the Commonwealth] till 11 [AM].”

When the court reconvened at 11:00 AM, a different prosecutor addressed the court and explained that the probation officer of Mr. Brady was attempting to contact him and that the Commonwealth had arranged for additional transportation to get him because Mr. Brady was in a wheelchair. The trial court then stated that it would recess the proceedings until 11:45 AM. At 12:00 PM, the assigned prosecutor stated that the witnesses were “on their way” and that she was ready to proceed with trial and asked if she could begin with her opening statement. The trial court replied that the witnesses were supposed to be there at 9:30 AM. The prosecutor then repeated that the witnesses were on their way. She then stated that she could do the opening statement and then put on another witness by the end of which she was “absolutely certain” the complaining witnesses would arrive. The trial court declined to allow the prosecutor to proceed with her case and discharged the case against the defendant. The Commonwealth then filed a timely appeal, arguing that the trial court abused its discretion when it discharged the case against the defendant.

What is the Abuse of Discretion Standard?

It can often be difficult for an appellant to win a case on an abuse of discretion standard. The abuse of discretion standard requires appellate courts to give great deference to the trial court in making its decision. As stated in a recent Pennsylvania Supreme Court case, an abuse of discretion only occurs “where the trial court misapplies the law, or where the judgment is exercised is manifestly unreasonable, or the result of partiality, prejudice, bias, or ill-will.” Further, appellate courts are not supposed to step in the shoes of the trial court. As such, this standard can be very difficult to win under, and usually the appellate courts will defer to the trial court. It is worth noting that it is usually defendants who, on appeal, argue that the trial court abused its discretion.

The Superior Court’s Decision

The Superior Court held that the trial court abused its discretion when it discharged the case against the defendant. In its brief opinion, the Superior Court stated that a trial court must take into account the public interest when determining whether to dismiss a case. The Superior Court stated that the trial court did not do this. The Superior Court’s opinion omits any real discussion on why the public interest was harmed by the dismissal of this case. Further, the Superior Court essentially stated that trial courts are to assume that prosecutors are telling the truth when they say they will be ready for a case.

Further, the Superior Court cited Commonwealth v. Carson in support of its position that the trial court abused its discretion. Carson is easily distinguishable from the instant case. In Carson, the trial court stated the reason the case was discharged was because of its court schedule and specifically chastised the Allegheny District Attorney’s Office for its tardiness and its excuses. In the instant case, the trial court did not state its schedule was the reason why the case was being discharged. It stated that the case had not gone to trial in the 1,782 days after the complaint had been filed. Further, it ignored the fact that the Commonwealth offered no corroborative evidence that their witnesses were actually coming to court. As such, the only evidence to support this was the Commonwealth’s representations. Nonetheless, the Superior Court still found that the trial court abused its discretion in dismissing the case and therefore the defendant will have to face trial for these charges (assuming the witnesses actually show up to court).

Facing criminal charge? We can help.

Criminal Defense Attorneys Zak Goldstein and Demetra Mehta

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 state and federal 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.

Zak Goldstein 8/11/19 Zak Goldstein 8/11/19

PA Superior Court: A Shed Counts as a Building under the Burglary Statute

The Pennsylvania Superior Court has decided the case of Commonwealth v. Reed, holding that a detached shed counts as a “building for purposes” of Pennsylvania’s Burglary statute even where the complainant does not provide a detailed description of the structure at trial.

In Reed, the complainant rented the upstairs apartment at a given address to the defendant and his girlfriend. The property consisted of a house divided into an upstairs apartment and a downstairs apartment, a basement, and two outdoor sheds situated on off-street parking next to the house. The former tenant of the upstairs apartment which the defendant eventually rented stored his property in the smaller of the two sheds even after moving out. The owner of the property and his brother stored some of their belongings in the larger shed. When new tenants would move in, the owner of the property would inform them not to use the sheds and that they should instead store their belongings in the basement as necessary. The downstairs tenant also testified that tenants were not supposed to use or go into either shed.

On February 8, the downstairs tenant saw the defendant and his female roommate messing around inside the larger shed at 2am. Likewise, a neighbor from across the street witnessed the defendant and a female in the shed at around the same time. The neighbor approached the defendant and told him that he was not supposed to be in the shed. The defendant and the female responded that they had permission to be in the shed from the former tenant. The neighbor responded that they did not have permission and that it was not the former tenant’s shed. The defendant and the female left, but a couple of hours later, the neighbor saw them in the shed again.

Both the downstairs tenant and the neighbor told the owner of the property that people had been in the shed. Based on this information, the owner called the police and spoke with an officer. The owner told the officer that she believed that the property had been burglarized. The owner then texted a friend and asked a friend to go check on the shed. The friend did so and found that the handle and lock on the shed were broken and that there was a new, unfamiliar padlock on the right-hand side of the shed. They also reported that a truck tire and window previously inside the shed were now outside of the shed.

On some later date, the police officer, owner of the property, and owner’s friend went and visited the shed together. They discovered that about 26 items which had previously been stored in the shed were missing. These items included clothing and power tools. The owner of the property located some of these items for sale on a Facebook page. The police contacted the owner of that page and learned that the operator of the page had purchased those items from the defendant’s girlfriend.

Armed with this information, police arrested the defendant and charged him with Burglary, Criminal Trespass, and conspiracy. The defendant proceeded by way of jury trial and was found guilty. The trial court sentenced him to ten days’ to twelve months’ incarceration followed by a year of probation. The defendant appealed.

Is breaking into a shed a burglary in Pennsylvania?

On appeal, the defendant challenged the burglary and criminal trespass convictions by arguing that the shed did not qualify as a “building” or “occupied structure” under the Burglary statute. The second-degree felony burglary statute provides: a person commits burglary "if, with the intent to commit a crime therein, the person enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.

Likewise, a criminal trespass occurs “if, knowing that he is not licensed or privileged to do so, [the defendant] breaks into any building or occupied structure or separately secured or occupied portion thereof.”

Neither statute defines burglary, and here, the Commonwealth conceded that the shed was not an occupied structure because it had not been adapted for overnight accommodations – meaning it was not set up so that someone could live in it. Therefore, the Superior Court turned to Black’s Law Dictionary for the definition of a building. The dictionary defines a building as “a structure with walls and a roof.” Here, the testimony provided that the shed was likely a structure with walls and a roof. Although no witness specifically testified that the shed had four walls and a roof, the fact that the complainant stored power tools and other belongings there and kept it padlocked suggested that it was likely fully enclosed. Therefore, the evidence supported the jury’s conclusion that the defendant had committed a burglary and a criminal trespass. Thus, in most cases, a shed will qualify as a building for purposes of the burglary statute even where the complainant does not thoroughly describe the dimensions of the shed.

Can you be convicted of burglary if you are not actually seen breaking into a building?

The defendant appealed on other sufficiency grounds, as well, but the Superior Court affirmed the conviction. For example, the defendant also argued for the criminal trespass conviction that no one had seen him “break in” as required by the statute. Instead, he had only been observed inside of the shed, suggesting that he could have arrived after someone else had already broken into it. The Court rejected this argument, however, finding that it was reasonable to infer from the evidence that he was the person who had broken the lock and stolen the items from the shed. Therefore, he will not receive a new trial.

Philadelphia Criminal Defense Lawyers Zak Goldstein

Zak Goldstein 4/12/19 Zak Goldstein 4/12/19

PA Supreme Court: Defendant Has Right To Introduce Evidence That Someone Else Did It

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Gill, holding that the Superior Court erred when it reversed the trial court’s ruling that permitted the defendant to introduce evidence of other burglaries in an attempt to show that someone else had committed the burglary in this case. This is an important decision both because it re-affirms that a defendant has the right to try to prove that someone else could have committed the crime charged and because it limits the Superior Court’s ability to reverse an evidentiary decision of the trial court permitting a defendant to introduce that evidence.

The Facts of Gill

In 2013, a Pennsylvania State Police Trooper was assigned to investigate an alleged burglary that had recently occurred at a residence owned by the complainant in French Creek Township, Pennsylvania. The complainant reported to the trooper that someone had stolen $40,000 in $100 bills from a bag inside of a lockbox in his basement. He also stated that the money was still in the lockbox on July 26, 2013, when he placed his monthly deposit into the bag.

The complainant stated that he did not observe any signs of a forced entry into the home and that he suspected that the person who had stolen the money entered his home by way of the keypad on his garage door. According to the complainant, there were only two people who knew the code and where he kept his money: the defendant and his neighbor. He did not suspect the neighbor because he had known her for over 25 years and trusted her. He stated that he suspected the defendant because he had only known him for a few years and that the defendant was having financial problems, including a recent bankruptcy.

The trooper subsequently interviewed the defendant. The defendant confirmed that he knew about the complainant’s money, where the money was kept, and where the complainant stored the key to his lockbox. The trooper also learned that the defendant recently bought a truck and paid for the truck in $100 bills. The trooper then filed a criminal complainant charging the defendant with burglary, theft by unlawful taking, receiving stolen property and criminal trespass.

The defendant subsequently filed a document entitled “Motion for Release of Investigatory Files/Omnibus Pretrial Motion.” In the motion, the defendant averred that he became aware that the complainant accused another unknown person of burglarizing his home, on two separate occasions, and stealing money from a safe located in his home between May 1, 2016 and June 23, 2016. The trial court granted the defendant’s motion to allow him access the State Police’s investigatory file concerning the 2016 incident. Based on this review, the defendant subsequently filed a Motion in Limine asking the trial court to allow the admission of this evidence at trial to show that someone else could have committed the burglary.

According to the defendant’s motion, the allegations against him and the subsequent allegations made by the complainant were almost identical. Specifically, both allegations alleged that approximately $40,000 was stolen, the money was stolen from a lockbox, one of the incidents did not show signs of forced entry, and the perpetrator had knowledge about the safe/lockbox. The defendant argued that he should be allowed to introduce this evidence at his trial. Additionally, he filed another Motion in Limine to introduce the testimony of the complainant’s daughter. Per the defendant, she would testify that the complainant previously accused her of breaking into his home and stealing $30,000. Additionally, she would testify that the complainant previously accused two other individuals of breaking into his home and stealing tools. The defendant wanted to introduce this testimony to show that the complainant has a penchant for accusing people of burglary and that someone else may have committed this crime.

The trial court held a hearing on the motions. At the conclusion of the hearing, the court granted his motion in part and denied it in part. The court permitted the defendant from presenting evidence of the subsequent 2016 burglaries but denied his motion to allow the complainant’s daughter to testify. In the same order, the court directed the Commonwealth to provide all reports, statements, and investigatory files regarding the 2016 incident. The Commonwealth then filed an interlocutory appeal to the Superior Court.

In a published opinion, the Superior Court granted the Commonwealth’s appeal and issued an order barring the defendant from introducing the evidence of the other burglaries at trial. In its appeal, the Pennsylvania Superior Court held that the 2013 and 2016 burglaries were not “so similar, distinctive, or unusual as to suggest that they are the handiwork of one individual.” The Superior Court stated that “the fact the burglaries involved the same residence, and the victim reported to have similar amounts stolen in the 2013 and…2016[] burglaries” were insufficient factors to conclude that both burglaries were done by the same individual. The defendant then appealed to the Pennsylvania Supreme Court.

Can I present evidence that someone else did the crime?

Maybe. Attorneys are always permitted to try to present evidence at trial, but the evidence must be admissible under the rules of evidence. The rules of evidence can be very restrictive, but usually these rules are to the defendant’s advantage. Why? Because it is the Commonwealth’s burden to provide enough evidence to convict a defendant beyond a reasonable doubt, so it is usually the Commonwealth that is presenting the majority of the evidence and struggling to get that evidence admitted. The defense often does not present any evidence at all.

One well-known example of a rule of evidence that often benefits the defense is the rule against hearsay. The rules of evidence prohibit the use of hearsay in a criminal trial, and this is usually to the defendant’s advantage because it forces the Commonwealth to bring the actual witnesses of an alleged crime to court rather than relying on a police officer who would merely testify to what these witnesses told him. However, as shown in Gill, the defense can also be hamstrung by the rules of evidence. In Gill, the defense attorney was prohibited by the Superior Court from calling the complainant’s daughter to testify because of an evidentiary ruling made by the trial court.

Nonetheless, the defendant’s attorney was successful in convincing the trial court to permit him to introduce evidence from the other burglary. This allowed him to show not only that someone other than the defendant may have committed these crimes, but also that there are issues with the complainant’s credibility and memory (the complainant appeared to have quite the bad luck by getting burglarized and having $40,000 repeatedly stolen from him). More importantly, however, the defendant was now able to show that other people have burglarized his home using the keypad. Thus, because the complainant’s home continued to be burglarized in this highly specific way (when presumably the defendant could show that he did not commit these subsequent burglaries) then this would be evidence that the defendant did not commit the 2013 burglary.

It may go without saying, but the facts in Gill are unique. Nonetheless, there are other ways to introduce evidence that someone else committed a crime. For example, let’s assume that you are stopped in a car and the police then search the car and find drugs. Let’s also assume that you are not the only occupant of the vehicle and one of the people in the car has a prior conviction for possessing a controlled substance. If you are charged with possessing those drugs, you can file what is called a Thompson motion. This motion would allow you to bring the passenger’s prior convictions for possession and would give you additional support that those drugs did not belong to you. If you are arrested and charged with any type of crime, you need an experienced attorney who knows the rules of evidence so that you can be properly defend your case.

Ultimately, all evidence must be relevant in order to be admissible. If evidence is not relevant, then a trial court may properly exclude the admission of the evidence. In this case, the issue was simply whether the defendant’s proffered evidence of the subsequent burglaries would be relevant to show whether or not he had committed the crime. In making that determination, the court had to look at how similar the burglaries were in order to determine whether they would be exculpatory for the defendant. The trial court concluded that they were sufficiently similar to suggest that the defendant may not have committed the first burglary. The Superior Court, however, disagreed.

The PA Supreme Court’s Decision

The Pennsylvania Supreme Court found that the Superior Court erred when it overturned the trial court’s decision to allow the defendant to introduce evidence from the subsequent burglary. The Supreme Court found that the Superior Court improperly conducted its own review of whether it thought that the evidence would be relevant instead of applying the correct “abuse of discretion” standard and evaluating whether the trial judge’s reasoning was properly based in law. What this standard means is that the Superior Court should not make its own ruling. Instead, if the trial court’s decision is arguably correct, then the Court should affirm the decision even if different judges could reasonably degree. The Supreme Court noted that it is “improper for an appellate court to step into the shoes of the trial judge and review the evidence de novo.” The Supreme Court also criticized the Superior Court for its evaluation of the evidence. The Supreme Court found that the Superior Court substituted its judgment for that of the trial court which is not permissible. Finally, the Supreme Court found that the trial court did not abuse its discretion when it granted the defendant’s motion and thus the trial court’s ruling will stand.

Facing Criminal Charges? 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 and successful outcomes in cases involving charges such as Possession with the Intent to Deliver, Violations of the Uniform Firearms Act, 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.