Philadelphia Criminal Defense Blog

Zak Goldstein 12/10/17 Zak Goldstein 12/10/17

PA Superior Court Reverses Murder Conviction in Roosevelt Boulevard Drag Racing Case

Zak T. Goldstein, Esq. - Philadelphia Criminal Defense Attorney

The Pennsylvania Superior Court has just decided the case of Commonwealth v. Akhmedov, finding that the Commonwealth failed to prove the charge of third degree murder where the defendant crashed into and killed pedestrians during a drag racing incident on Philadelphia’s Roosevelt Boulevard. The Court’s opinion details the type of evidence necessary for the prosecution to prove a third degree murder charge in a case involving reckless driving, drag racing, or a car accident.

Commonwealth v. Ahkmedov

In Ahkmedov, the defendant was charged with multiple counts of third degree murder, involuntary manslaughter, homicide by vehicle, and recklessly endangering another person. The charges arose out of an incident which occurred on Roosevelt Boulevard. The defendant was driving southbound on the Boulevard, which has a speed limit of 40 miles per hour. At some point, the defendant began racing another driver. At each traffic light, the cars would rev their engines and race to the next light.

Police estimated that the cars traveled at around 70 miles per hour during the race. As the vehicles approached the intersection of the Boulevard and 2nd Street, the defendant began to travel at a minimum speed of 79 miles per hour. Although 79 miles per hour was nearly double the speed limit on that portion of the Boulevard, the evidence also showed that the intersection was not meant for pedestrian crossings. It did not have a crosswalk or signs warning drivers that pedestrians might be present. Unfortunately, Samara Banks and her three children were crossing the Boulevard as the defendant approached. The defendant attempted to swerve around them but was unable to do so. Instead, he struck Ms. Banks and her children, ultimately killing all four of them. The defendant remained at the scene and tried to render aid.

Murder Charges for Drag Racing

Police arrested the defendant and charged him with homicide and the related charges. The defendant proceeded by way of bench trial, and the trial judge convicted the defendant of third degree murder, involuntary manslaughter, homicide by vehicle, and recklessly endangering another person. On appeal, the defendant challenged a number of evidentiary issues as well as whether the evidence was sufficient for a conviction on the third degree murder charges. Specifically, the defendant argued that the evidence failed to show that he acted with the necessary malice required to sustain a conviction for third degree murder because he did not operate his vehicle under circumstances which almost assured that injury or death would ensue.

The Defendant's Appeal

The Superior Court agreed and reversed the conviction for third degree murder. The Court noted that third degree murder occurs when a person commits a killing which is neither intentional nor committed during the perpetration of a felony, but contains the requisite malice. The definition of malice is well established in Pennsylvania, and courts have defined malice as follows:

Malice exists where there is a wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured. Where malice is based on a reckless disregard of consequences, it is not sufficient to show mere recklessness; rather, it must be shown the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause death or serious bodily injury. A defendant must display a conscious disregard for almost certain death or injury such that it is tantamount to an actual desire to injure or kill; at the very least, the conduct must be such that one could reasonably anticipate death or serious bodily injury would likely and logically result.

Obviously, there was no real dispute as to whether or not the defendant acted recklessly. Driving twice the speed limit through an intersection as part of a drag race was clearly reckless. However, in order for recklessness to qualify as malice, Pennsylvania courts have required the prosecution to prove “sustained, purposeful recklessness” such that the defendant must have known of and consciously disregarded the risk that death or serious bodily injury was reasonably certain to occur.

Generally, this level of sustained, purposeful recklessness requires factors like a “near miss,” a warning from a bystander or passenger to slow down and a decision to ignore the warning, and evidence that the defendant clearly saw and recognized the dangers. Finally, in almost every case in which the defendant was properly convicted of third degree murder as a result of a car accident, the prosecution was able to show that the defendant was intoxicated.

Insufficient Evidence of Malice

In this case, the Court found that the prosecution did not establish the requisite level of recklessness. The defendant was reckless in driving at excessive speeds, but he did not have a near miss, he was not warned to slow down, and he was not intoxicated. He attempted to avoid hitting the victims but was unable to do so. Further, the pedestrians were crossing the road at an intersection where they should not have been crossing, and they were wearing dark clothes at night. Finally, the defendant stopped and attempted to assist them after he struck them.

Although the defendant had been pulled over for speeding as part of a road rage incident a week before, the prior traffic stop was not close enough in time to satisfy the “near miss” requirement or show that the defendant was aware of the likelihood of injuring a pedestrian at that particular location where the accident occurred. The Court concluded that the defendant’s recklessness satisfied the mens rea elements for the lesser included charges like manslaughter and recklessly endangering another person, but it did not satisfy the heightened mens rea requirement for murder.

Because the third degree murder charge was the most serious charge, the court remanded the case for a new sentencing hearing on the remaining charges. The court did not find that the Commonwealth failed to prove all of the charges; just that they failed to prove the third degree murder beyond a reasonable doubt. Thus, it is clear that murder requires something more than recklessness. Instead, it requires the prosecution to prove malice.

Philadelphia Criminal Defense Lawyers for Homicide Charges

Our Philadelphia Criminal Defense Lawyers have the expertise necessary to challenge the government each step of the way. We have experience working with expert witnesses, challenging identifications, fighting forensic evidence, and thoroughly investigating cases in order to find exculpatory evidence that the police might have missed. We know the defenses, and we know how to challenge each part of the Commonwealth’s case at the preliminary hearing, through pre-trial motions, and at trial with a judge or a jury. We also have extensive experience in negotiating for better outcomes for our clients, and we have obtained great results even in cases in which the Commonwealth has a great deal of evidence. If you or a loved one are under investigation or facing homicide charges, you need an experienced criminal defense attorney in your corner. Call 267-225-2545 for a free strategy session with one of our top-rated defense lawyers today.

Demetra Mehta 12/5/17 Demetra Mehta 12/5/17

PA Supreme Court: Police May Not Search Car Parked in Driveway Without Warrant

Can The Police Search My Car Without A Warrant If It's In My Driveway?

Criminal Defense Attorney Demetra Mehta, Esq.

The Pennsylvania Supreme Court has just decided the case of Commonwealth v. Loughnane, holding that the automobile exception to the warrant requirement does not apply to a car parked in a residential driveway. This decision provides a commonsense limitation on the ability of the police to search private property in Pennsylvania and follows a recent trend of the Pennsylvania Supreme Court seeking to increase privacy protections for the Commonwealth's citizens.

Commonwealth v. Loughnane

In Loughnane, the defendant was charged with accidents involving death or serious injury. On July 24, 2012, a large dark-colored truck struck and killed the victim while she was outside of her apartment that she shared with her boyfriend in Wilkes-Barre, Pennsylvania. Her boyfriend witnessed the accident. When the boyfriend reported the accident to the police, he told them that the truck which hit the decedent was a large, dark-colored truck that had a distinctive sound.

A few weeks later, the boyfriend's father drove through a residential neighborhood and saw a truck that matched the description provided by his son parked in a residential driveway. He called his son, and his son came to this residence and identified the truck as the one he saw on July 24. The boyfriend then called the police. Later that day, police detectives went to the house, ran the truck's license plate, and determined that the truck belonged to the defendant. Detectives then unsuccessfully attempted to contact the defendant.

After failing to reach the defendant, police sought guidance from the local prosecutors. Apparently, at some point during the investigation, the lead detective learned that the keys to the truck were inside the automobile. Believing that it was about to rain and potential forensic evidence could be lost, the police decided to take action without obtaining a search warrant. They towed the truck to the Wilkes-Barre police garage. Four days later, they obtained a search warrant for the vehicle. The search did not result in the discovery of any evidence. However, they brought the boyfriend back to the police station to make a second identification of the truck. They also turned the truck on and revved the engine, and the boyfriend confirmed that the engine sounded the same as the engine on the truck that hit the decedent.

The defendant was arrested and charged with Accidents involving death or serious bodily injury (hit and run). The defense filed pre-trial Motions to Suppress. At the Motion to Suppress hearing, the defendant's defense lawyer successfully moved to suppress the boyfriend's police station identification of the vehicle. The suppression court granted the motion because the truck was taken from the defendant's private property and there were no exigent circumstances that justified the warrantless taking of the truck. The Commonwealth then filed an interlocutory appeal. The Superior Court reversed the decision of the trial court and ordered that the Commonwealth be allowed to use the results of the warrantless seizure. In its opinion, the Superior Court inexplicably ruled that a private driveway does not provide any reasonable expectation of privacy becasue it is not part of the curtilage of a home. This ruling was contradicted by dozens of cases in Pennsylvania, the federal courts, and other states. Therefore, the defendant then asked the Pennsylvania Supreme Court to review the Superior Court's decision, and the Supreme Court agreed.

Limits to the Automobile Exception

On appeal, the defendant asked the Pennsylvania Supreme Court to decide whether the automobile exception applies to automobiles parked in driveways of private residences. The defendant argued that the automobile exception does not apply to vehicles in private residential driveways. As a preliminary matter, the Pennsylvania Supreme Court corrected the Superior Court and held that a driveway is constitutionally protected curtilage. This was crucial because in order to have a valid constitutional claim, one must have a reasonable expectation of privacy in the person, place, or thing that the government searched or seized.

The Pennsylvania Supreme Court then addressed whether the automobile exception applies to cars parked in a residential driveway. In making its determination, the Pennsylvania Supreme Court analyzed federal and other state cases that addressed the automobile exception.

In its analysis, the Pennsylvania Supreme Court highlighted the fact that in cases that upheld the automobile exception, a deciding factor was that the automobile was in a public space. This is consistent with the United States Supreme Court’s justification for the automobile exception (the inherent mobility of motor vehicles and that an individual has a reduced expectation of privacy in a vehicle as compared to an individual’s home or office).

However, the Pennsylvania Supreme Court did not end its analysis there. It also reviewed federal circuit court and other states’ decisions that found the automobile exception inapplicable. In those cases, the courts consistently held that the automobile exception did not apply when the car was parked in a residential driveway. The Pennsylvania Supreme Court went on to say that “[because] none of the justifications for the automobile exception apply to vehicles parked in a residential driveway, there is no reason for the exception to apply.” Thus, the Pennsylvania Supreme Court adopted the rationale of these courts and held that the automobile exception does not apply to automobiles that are parked in residential driveways. If the Commonwealth searches or seizes an individual’s car without a warrant, the limited automobile exception applies and there must be both probable cause and exigent circumstances.

Motions to Suppress

Trials can be won and lost with a motion to suppress. If you are facing criminal charges, you need a defense attorney who has the knowledge and expertise to defend your case. Our award-winning Philadelphia criminal defense lawyers have successfully fought countless cases at trial and on appeal. We offer a 15-minute criminal defense strategy session to any potential client. Call 267-225-2545 to discuss your case with an experienced and understanding criminal defense attorney today.

Zak Goldstein 11/10/17 Zak Goldstein 11/10/17

PA Superior Court Limits Deadly Weapon Used Sentencing Enhancement in Burglary Cases

The Deadly Weapon Used Enhancement does not apply unless the defendant used the deadly weapon while entering the building during a Burglary.

The Pennsylvania Superior Court has just decided the case of Commonwealth v. Tavarez. This decision limits the “Deadly Weapon Enhancement” for individuals convicted of burglary when a deadly weapon is involved. It requires that a sentencing court determine whether a deadly weapon was used in the commission of the burglary or whether a defendant merely possessed the deadly weapon at the time the defendant entered the building or occupied structure.

Commonwealth v. Tavarez

In Tavarez, the defendant pleaded guilty to one count each of aggravated assault, burglary, robbery, impersonating a public servant, and conspiracy. As part of his guilty plea, Mr. Tavarez stipulated to the following factual summary:

[O]n or about November 17th, 2015, shortly after 1:00 in the morning at 49 Mill Road in Oley Township, Berks County, Pennsylvania, you along with your accomplices and co-conspirators Edward Martinez, Brandon Smith, and Erick Green went to that residence; the plan even before - you arrived at the residence was to rob the people there; you believed that there were illegal drugs and money[] there to be gained; all four of you agreed to do that. When you got there, as was your intention all along, you and Edward Martinez entered the residence, there were people present. This was a residence. It was not open to the public at that time. You had no license or privilege to be there.

Once inside, you were yelling, [“]Police. Freeze[.”] in [an] attempt to compel the homeowners to do what you wanted them to do, thereby impersonating a public servant. Although you attempted to commit a robbery and you did so with firearms, nothing was actually taken.

When you confronted the homeowner, Eric Wegman, in the upstairs bedroom, he pulled his own handgun and fired, hitting both you and Mr. Martinez. Eric Wegman was also shot in the leg at that point.

Based on these facts, the trial court sentenced Mr. Tavarez to a 10 ½ to 30 years. The trial court did this, in part, by applying the “Deadly Weapon Used” enhancement to all of the charges, including the burglary charge. After he was sentenced, Mr. Tavarez filed a timely appeal. One of the issues Mr. Tavarez raised on appeal was whether the trial court erred in applying the “Deadly Weapon Used” enhancement to his burglary conviction.

What are the Sentencing Guidelines?

In Pennsylvania, an individual’s sentence will usually be determined by where the person falls on the sentencing matrix. The purpose of the sentencing matrix is to provide consistency in sentencing across the state. It is important to note that judges are not required to follow the guidelines and are free to depart from them when they see fit.

The first step in determining where a defendant falls on the sentencing matrix is to figure out what the individual’s Prior Record Score (“PRS”) is. A defendant’s PRS is based on their prior convictions. Specifically, a court will “add” up the prior record score points of each conviction. The more serious the offense, the more “points” it is worth. For example, if an individual’s sole conviction is for an Aggravated Assault where Serious Bodily Injury results, that person will have a PRS of 4. However, if an individual has two prior misdemeanor convictions, that are not specifically delineated by the General Assembly, then that individual will only have a PRS of 1.

The lowest PRS an individual can have is a 0. The highest PRS an individual can have is a 5. However, some individuals with multiple felony convictions can be classified as a REFEL, while some repeat violent offenders may be classified as a REVOC. These classifications will subject you to more severe guidelines. If you have previous convictions it is imperative that you have an attorney who understands how your PRS is calculated because it can have significant consequences on your sentence.

After the Prior Record Score is determined, the court must then determine the Offense Gravity Score (“OGS”) of the particular offense. The Pennsylvania General Assembly assigned an OGS for each offense listed in the Pennsylvania Crimes Code. The range of OGS is from 1-14, with 1 being the least serious, while 14 being the most serious.

In Tavarez, the defendant had a prior record score of 2. Additionally, the Burglary charge that Mr. Tavarez pleaded guilty to had an OGS of 9. Thus, if this was the only charge that Mr. Tavarez had pleaded guilty to his guidelines would have been 24-36 plus or minus 12. In Pennsylvania, a judge must sentence an individual to a minimum and maximum sentence. Assuming there were no additional enhancements (i.e. the “Deadly Weapon Enhancement”) and the court had sentenced him to a 2-4 year sentence that would have been a “guideline” sentence. However, because Mr. Tavarez agreed that he used a firearm, the court could, and did, apply the “Deadly Weapon Enhancement” to his case.

What is a Deadly Weapon Enhancement?

If someone commits a crime with a deadly weapon, a court must apply the “Deadly Weapon Enhancement.” This enhancement requires the court to look at additional matrixes to determine a sentence for the defendant. There are two types of deadly weapon enhancement charts: “Possession of a Deadly Weapon” and “Use of a Deadly Weapon.” The “Deadly Weapon Used” matrix will always recommend a more severe sentence than the “Deadly Weapon Possessed” matrix.

In Mr. Tavarez’s case, using his PRS of 2 and the OGS of 9 of the Burglary offense, the “Deadly Weapon Possessed” matrix had a guideline range of 33-45 plus or minus 12, while the “Deadly Weapon Used” matrix has a guideline range of 42-54 plus or minus 12. As such, there is a nine-month difference between the two guidelines which is very consequential.

The Superior Court holds that only the “Possessed” Matrix applies to Tavarez's Burglary Conviction.

Part of Tavarez's plea deal was to stipulate to a factual summary. After he filed his appeal, the Pennsylvania Superior Court reviewed the transcript and was limited to the facts that were on record. In Mr. Tavarez’s case, the record did not state that Mr. Tavarez used the firearm to commit the burglary. Further, in Pennsylvania, the crime of burglary ends once the felon breaks into the building because burglary is defined as breaking and entering a building or occupied structure with the intent to commit a crime therein. Therefore, the burglary is over once a defendant has entered a building even if the defendant goes on to commit other crimes once inside. Here, Tavarez admitted to using the firearm to rob the complainant after he had entered the residence. Consequently, the trial court was correct in applying the “Deadly Weapon Used” enhancement for the robbery and other offenses that he pleaded guilty to. However, because Mr. Talvarez had already completed the crime of burglary when he entered the complainant’s residence and did not use the firearm in the commission of the burglary, it was incorrect for the trial court to apply the “Deadly Weapon Used” enhancement for the burglary conviction. Because of this error by the trial court, the Superior Court remanded Mr. Talvarez’s case for resentencing.

Call the Award-Winning Criminal Defense Lawyers of Goldstein Mehta LLC if You Are Charged With a Criminal Offense

As shown by Tavarez, the details in a case matter. If you are charged with any offense or under investigation by the authorities, you need a defense attorney who pays attention to the details that will make or break your case. Our award-winning Philadelphia criminal defense lawyers have successfully fought countless cases at trial and on appeal. We offer a 15-minute criminal defense strategy session to any potential client. Call 267-225-2545 to discuss your case with an experienced and understanding criminal defense attorney today.

Zak Goldstein 10/21/17 Zak Goldstein 10/21/17

Recent Case Results - Motion to Suppress and Speedy Trial Motions Granted

Award-Winning Philadelphia Criminal Defense Lawyers

The Philadelphia criminal defense attorneys of Goldstein Mehta LLC continue to obtain outstanding results both in and out of the court room. Our defense lawyers have fought for successful outcomes in cases involving a wide variety of charges including robbery, burglary, assault, probation violations and probation detainers, and gun charges. Some of our recent success stories include:

Commonwealth v. G. – Motion to Suppress Confession for Lack of Miranda Warnings Granted in Shooting Case

Criminal Defense Lawyer Zak T. Goldstein, Esq.

In Commonwealth v. G., Attorney Goldstein successfully moved for the suppression of an incriminating statement in a case in which the defendant was charged with gun charges including Violations of the Uniform Firearms Act (“VUFA”) Sections 6108, 6106, and 6105 as well as conspiracy, tampering with evidence, and recklessly endangering another person. The Commonwealth alleged that G. accompanied his co-defendants to a location where a shooting broke out. After the complainants returned fire and shot one of the co-defendants, G. allegedly took the gun and hid it. When G. went to visit his friend at the hospital, police arrested him and began interrogating him, resulting in a confession which implicated G. in hiding the gun.

Attorney Goldstein moved to suppress the statement and the firearm due to violations of the Miranda rule. Pennsylvania and federal law both require the police to read suspects their Miranda warnings prior to interrogating them. Prior to asking any questions which could lead to incriminating answers, police must advise a suspect who has been arrested and taken into custody that the suspect has:

The right to remain silent,
The right to an attorney and that the attorney will be paid for by the government if the suspect cannot afford an attorney, and
That anything the suspect says can be used against them in court.

Shortly before trial, prosecutors admitted that detectives had actually interrogated G. twice. First, they interrogated him immediately upon his arrival at the police station when they had not yet provided him with Miranda warnings at that time. After obtaining a confession, police quickly provided G. with Miranda warnings, questioned him again, and obtained a signed statement.

Attorney Goldstein successfully moved to have both statements suppressed due to detective’s failure to provide Miranda warnings prior to the first interrogation. Under federal law, police may not intentionally fail to provide Miranda warnings in order to obtain a confession, then provide warnings, and quickly re-interrogate the defendant after providing the warnings. Instead, federal courts have applied a sort of “good faith exception” when evaluating whether prosecutors may use a second, Mirandized statement which is substantially similar to a prior un-Mirandized statement. Where police make a mistake in failing to provide Miranda warnings or where the circumstances change enough so that the second statement is not directly related to the first, the statement may become admissible. The Commonwealth attempted to justify the failure to warn by arguing that it had been inadvertent and that there was a break in the chain between the first and second interrogations due to the passage of time.

Here, Attorney Goldstein successfully argued that the police intentionally failed to provide Miranda warnings during the first statement. Additionally, there was no break in the chain between the two interrogations. The second interrogation happened almost immediately, took place in the same location, and involved the same police detective. The trial court agreed and granted the Motion to Suppress, ruling that both statements could not be used at trial. Once the statements were excluded, the Commonwealth agreed that it would not appeal the court’s ruling if G. accepted a plea deal for a misdemeanor charge and probation. The successful Motion to Suppress helped G. avoid a felony gun conviction and years in state prison.

Commonwealth v. A. – Robbery, Burglary, and Assault Charges Dismissed for Speedy Trial Violation.

In Commonwealth v. A., Attorney Goldstein successfully moved to have all charges against the client dismissed due to the prosecution’s violation of Pennsylvania Speedy Trial Rules, specifiically Pennsylvania Rule of Criminal Procedure 600(A). A. and a co-defendant were charged with dressing up as police officers and forcing their way into a massage parlor. Once inside, the defendants allegedly demanded money from the employees. The employees called the police, and the defendants were arrested inside the massage parlor. The Commonwealth immediately brought charges for robbery, burglary, assault, and other related charges.

Unfortunately for the prosecution, the Commonwealth brought the charges without completing its investigation. At the first trial listing, the Commonwealth was not prepared to proceed because it had improperly failed to turn over critical witness statements and evidence in advance of trial. The trial court marked the continuance as a Commonwealth continuance request, and by the time the second jury trial listing arrived, the defendant had been awaiting trial for two years.

Philadelphia Criminal Lawyer Zak T. Goldstein, Esq.

Pennsylvania Rule of Criminal Procedure 600(A) requires that all criminal defendants be brought to trial within 365 days of the filing of the criminal Complaint. There are exceptions for things like court continuances and circumstances outside of the prosecution’s control, but in order to qualify for an exception, the Commonwealth must show that its prosecutors acted with due diligence in prosecuting the case. In this case, Attorney Goldstein successfully argued that the judge at the first trial listing had already found that the prosecution acted without due diligence in failing to provide witness statements and other discovery materials in advance of the first trial date. Because the Commonwealth never asked the first judge to reconsider the ruling in writing, Rule 600 barred the Commonwealth from asking the new trial judge to reconsider the first judge’s ruling without some showing of obvious error on the part of the first judge. The court agreed and dismissed all of the charges in this extremely serious case.

Commonwealth v. M. – Car Theft Charges Dismissed at Preliminary Hearing

In Commonwealth v. M., the client was charged with multiple counts of Receiving Stolen Property, Theft by Unlawful Taking, Unauthorized Use of an Automobile, and Theft from a Motor Vehicle. Prosecutors alleged that in one case, M. stole the complainant’s car and drove it around for a night before leaving it abandoned on a nearby street. Further, numerous valuable items were missing from the car, leading to additional allegations that M. had stolen the items.

In a second case which had been joined for the preliminary hearing, prosecutors alleged that M. broke into a parked car, stole valuable items, and transported those items to his house. When prosecutors executed a search warrant on M.'s house, they found M. and another gentleman in the living room along with the stolen items. Neither man was closer to the items, said anything incriminating, or attempted to flee, and the other man's hospital ID had actually been found by police in the stolen car in the first case.

In both cases, the prosecution attempted to rely entirely on hearsay at the preliminary hearing under the Superior Court's opinion in Commonwealth v. Ricker. The prosecution sought to have a police detective, who had no personal knowledge of who took the car or took items from the other car, testify that a witness who failed to appear for court saw M. driving the car on the night in question.

Attorney Goldstein’s repeated objections to this hearsay testimony led to it being excluded from evidence at the preliminary hearing, and without the hearsay, the evidence was completely insufficient for the preliminary hearing judge to hold M. for court. This was particularly true in light of the fact that the other gentleman's hospital wristband was found by police in the stolen car. Accordingly, the court dismissed all charges against M. This case shows that even with the trend of judges permitting more and more hearsay at preliminary hearings, there are still limits. This is especially true in Philadelphia where judges tend to require that witnesses have some level of personal knowledge before they will hold a case for court.

Probation Detainers Lifted – In the last six weeks, our Philadelphia criminal defense attorneys have successfully moved to have probation detainers lifted for three separate clients who were on probation and subsequently arrested on new charges. This includes the lifting of a probation detainer for a client who was on probation for a gun charge and who was arrested on a new case of Possession with the Intent to Deliver.

State v. D. – Prosecution Agrees to Dismiss All Charges in New Jersey Prison Contraband Case

In State v. D., the client was charged with third degree indictable offenses in New Jersey for allegedly smuggling drugs into the prison during a visit with a friend. The prosecution obtained both video of the incident and phone calls which it claimed implicated D. in the offense. After convincing the Assistant Prosecutor that even if real, the phone calls would not be admissible against D. due to violations of New Jersey wiretap and recording laws, the prosecution agreed to dismiss all charges. D. will avoid a felony conviction and jail time.

Commonwealth v. K. – All Charges Dismissed in Third Strike Carjacking (Robbery of a Motor Vehicle) Case.

K. was charged with stealing his ex-girlfriend’s car by snatching the keys out of her hand and driving off in the car. Although this allegation would only have been Robbery as a felony of the second degree, the case became a third strike and a carjacking because of the fact that K. allegedly took a car. Carjacking (Robbery of a Motor Vehicle) is considered a crime of violence under Pennsylvania law for purposes of the three strikes rule. Due to prior convictions, K. would have faced a mandatory 25-50 years in prison if convicted of Robbery of a Motor Vehicle because carjacking is a “strike” case. Fortunately, our criminal defense attorneys were able to have all charges dismissed at the preliminary hearing level.

Commonwealth v. J. – Our criminal defense lawyers were able to successfully negotiate a misdemeanor offer of probation for a client who was initially charged with F1 Strangulation, Robbery, and Aggravated Assault. First, we were able to have the strangulation charge dismissed at the preliminary hearing and the other felonies graded as felonies of the second degree. Once the felonies were no longer F1 strike offenses, the Commonwealth’s offer substantially improved, and we were eventually able to negotiate a misdemeanor probationary offer for the client, thereby avoiding jail time and a felony conviction.

Criminal Defense Attorney Demetra P. Mehta, Esq.

Commonwealth v. A. – All charges against A. were dismissed after our defense lawyers negotiated for A. to participate in the domestic violence diversionary program. After A. completed community service, counseling, and paid a small fine, the Commonwealth withdrew Simple Assault, Terroristic Threats, and Recklessly Endangering Another Person charges against A.

Commonwealth v. R. - The client was arrested and charged with Robbery, Assault, and related charges while on probation for a serious offense. Because there was clear video of the incident occurring, the client was hoping to obtain a plea deal for the shortest possible sentence. The client's previous attorney had been unable to negotiate for anything less than a 1-2 year state prison sentence. After retaining Goldstein Mehta LLC, our defense lawyers were able to negotiate a sentence of 11.5 - 23 months with work release eligibility and no additional jail time on the direct probation violation.

Charged with a crime? Speak with a Philadelphia Criminal Defense Lawyer Today

Goldstein Mehta LLC Philadelphia Criminal Defense Lawyers

If you are facing criminal charges or are interested in appealing a conviction, we can help. Our award-winning Philadelphia criminal defense lawyers have successfully resolved countless cases at trial and on appeal. We offer a 15-minute criminal defense strategy session to any potential client. Call 267-225-2545 to discuss your case with an experienced and understanding criminal defense attorney today.