Philadelphia Criminal Defense Blog
U.S. Judge Becomes First to Exclude Evidence Obtained via Controversial "Stingray" Device
First Federal Judge Excludes Evidence Obtained via Controversial Stingray Device.
In a groundbreaking opinion out of the Southern District of New York, a federal judge has excluded narcotics evidence obtained when DEA agents used a controversial "stingray" device to locate a suspect's apartment. A cell-site simulator— sometimes referred to as a “StingRay,” “Hailstorm,” or “TriggerFish”—is a device that locates cell phones by mimicking the service provider’s cell tower and forcing cell phones to transmit “pings” to the simulator. The device then calculates the strength of the “pings” until the target phone is pinpointed.
In United States v. Lambis, Drug Enforcement Administration agents used the stingray device to track Lambis' cell phone to a specific apartment. When they arrived at the apartment, they obtained Landis' consent to search the apartment, and they promptly found narcotics in the apartment. Lambis moved to suppress the evidence, arguing that the narcotics should be excluded at trial because the DEA agents had violated the Fourth Amendment by failing to obtain a warrant to track his cell phone using the stingray device. The District Court agreed, finding that "the use of a cell-site simulator constitutes a Fourth Amendment search within the contemplation of Kyllo. Absent a search warrant, the Government may not turn a citizen’s cell phone into a tracking device."
This is an excellent ruling for anyone who carries a cell phone as it requires the Government to obtain a warrant prior to surreptitiously tracking its citizens using these devices. It also highlights the importance of hiring effective criminal defense counsel when faced with criminal charges as many lawyers who do not focus on criminal defense are unlikely to know about these devices or what to do when a client has been tracked by one.
Attorney Goldstein Selected to National Trial Lawyers Top 40 Under 40
The National Trial Lawyers is pleased to announce that Zak Goldstein has been selected for inclusion into its Top 40 Under 40 Trial Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.
The National Trial Lawyers Announces Zak Goldstein as One of Its Top 40 Under 40 Trial Lawyers in Pennsylvania
For Immediate Release
The National Trial Lawyers is pleased to announce that Zak Goldstein has been selected for inclusion into its Top 40 Under 40 Trial Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to the top 40 attorneys under the age of 40 in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who has demonstrated exceptional qualifications in their area of the law, specifically criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also aims to provide essential legal news, information, and continuing education to trial lawyers across the United States.
With the selection of Zak Goldstein by The National Trial Lawyers: Top 40 Under 40, Goldstein has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 40 Under 40 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.
Contact: Caroline Tidmore CTidmore@TheNTL.org 334-944-2525
To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.
Expungements - Important New Legislation
The new bill makes those with a prior conviction for a non-violent ungraded, second degree, or third degree misdemeanor eligible for a limited access order if they did not incur any new arrests in the ten years following the misdemeanor conviction.
New Pennsylvania Expungement Legislation
Governor Wolf recently signed an important new piece of legislation which will allow many individuals with prior convictions to have those convictions removed from their record. The new law, formerly known as Senate Bill 166, will allow individuals to petition the Court of Common Pleas where the conviction occurred to have the conviction sealed pursuant to an order of limited access. The effect of this order will be to prohibit the disclosure of the conviction to anyone other than criminal justice agencies or state licensing boards. As a result, sealed convictions will no longer be available on the Administrative Office of Pennsylvania Courts' public docket website which requires nothing more than an individual's name to find their criminal record. Although not guaranteed, it will also make it far less likely that the conviction will show up on a routine background check. Further, the new law only allows criminal justice and state licensing agencies to ask about convictions subject to a limited access order.
Limited Access Orders in Pennsylvania
The new bill makes those with a prior conviction for a non-violent ungraded, second degree, or third degree misdemeanor eligible for a limited access order if they did not incur any new arrests in the ten years following the misdemeanor conviction. This means that the bill will help those who otherwise have stayed out of trouble but may have one prior conviction on their record. It also means that the bill covers many offenses, including a number of first time narcotics offenses for which an individual was not able to obtain a diversionary program like ARD.
Prior to the enactment of Senate Bill 166, expungements were limited to convictions for summary offenses, juvenile adjudications, and arrests that did not result in conviction. The only other option for a person seeking to have a conviction removed from their record was to petition the Governor for a pardon, and pardons are extremely difficult to obtain. With the enactment of this important new legislation, many individuals with misdemeanor convictions will be able to have those convictions removed from their public records, and employers will no longer be allowed to ask about those convictions. This will make it far easier for someone with one older conviction to enter the work force.
Contact a Philadelphia Criminal Defense Expungement Lawyer Today
If you have a summary conviction or a conviction for an ungraded, second degree, or third degree misdemeanor on your record, contact one of our criminal defense lawyers at 267-225-2545 now to discuss the possibility of an expungement or sealing your record.
I got arrested for DUI. Do I have to plead guilty?
If you are charged with DUI in Pennsylvania or New Jersey, you need an experienced, aggressive criminal defense attorney who knows the law inside and out and can review your case for all possible defenses.
Every day I speak with people who have been charged with Driving Under the Influence (“DUI”) and think that because they were driving drunk and got pulled over, they have to plead guilty. They are often surprised to learn that there are often defenses to many DUI cases.
First, if you don’t have a record, sometimes it is best to take a deal and enter the ARD program. When a defendant does not have a record and was not involved in a serious accident, the Commonwealth will usually offer ARD. ARD stands for Accelerated Rehabilitative Disposition. The program involves serving a short period of probation, a license suspension, and paying fines and court costs. The defendant does not have to plead guilty to enter into the ARD program, and the arrest and case will be expunged if the defendant successfully completes the program. If the defendant fails to complete the probation, then the defendant will be removed from the program and retain the right to litigate pretrial motions or proceed to trial. Even when the evidence suggests a strong defense, ARD is often a good option because it provides the only guarantee of an expungement at the end of the case. ARD is typically only available for someone who does not have any prior convictions, and it is rarely offered twice. The Commonwealth often offers ARD for non-DUI misdemeanors.
Second, if ARD is not offered or the defendant wishes to fight the case, there are a number of potential defenses that an experienced criminal defense and DUI attorney may be able to present. These defenses include motions to suppress. The motion to suppress is a motion filed by the defense attorney arguing that because the police engaged in some unlawful conduct, such as stopping or searching the defendant illegally, the evidence of intoxication such as the blood test should be excluded at trial. Other potential defenses may include speedy trial motions, double jeopardy motions, and motions to exclude testing results due to a failure to properly calibrate the testing equipment. Additionally, there are many other complicated procedural rules which the police and prosecutor have to follow in order to bring a successful prosecution. The failure to follow each one of these rules could result in the dismissal of the case or exclusion of the evidence. Finally, if pre-trial motions do not result in dismissal of the charges, an experienced defense attorney may be able to challenge the Commonwealth’s evidence that the defendant actually operated the vehicle or was intoxicated.
DUI carries the potential for serious penalties in terms of mandatory minimum incarceration periods, criminal records, and license suspension. If you are charged with DUI in Pennsylvania or New Jersey, you need an experienced, aggressive criminal defense attorney who knows the law inside and out and can review your case for all possible defenses. You need an attorney who does not handle these cases “part-time.” Your freedom, driver’s license, and reputation depend on it. If you have been charged with DUI in Pennsylvania or New Jersey, contact the Philadelphia DUI defense lawyers of Goldstein Mehta LLC for a free consultation today.
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