Philadelphia Criminal Defense Blog
PA Superior Court Permits Appeal of Motion to Suppress Despite Guilty Plea
Criminal Defense Attorney Zak T. Goldstein, Esquire
The Pennsylvania Superior Court has just decided the case of Commonwealth v. Singleton, permitting the defendant to appeal the trial court’s denial of a motion to suppress despite the fact that the defendant pleaded guilty. Singleton could have a dramatic impact on plea negotiations throughout the Commonwealth as it suggests that a defendant may be able to litigate a motion to suppress and reserve the right to appeal the denial of the motion to suppress as part of a negotiated plea. Before Singleton, it was not totally clear whether the Superior Court would reach the merits of an appeal in a case in which the defendant attempted to plead guilty as part of a “conditional guilty plea.”
Types of Guilty Pleas
In general, there are two types of guilty pleas – negotiated guilty pleas and “open” or non-negotiated guilty pleas. In the case of a negotiated guilty plea, the defense and the prosecution reach an agreement as to what charges the defendant will plead guilty and what sentence the judge should impose. For example, if the defendant is charged with felony Robbery but the Commonwealth has a shaky case, the prosecutor may offer a misdemeanor Simple Assault charge and probation in exchange for the guilty plea. The defendant avoids the risk of a felony conviction and jail time, and the prosecution obtains a conviction and restitution for the complainant. Thus, both sides may be happy with the result. When the defendant pleads guilty pursuant to a negotiated guilty plea, the judge may not reject the sentence and impose his or her preferred sentence. Instead, if the judge finds that the negotiated plea is either too harsh or too lenient, the judge must permit the defendant to withdraw the plea and go to trial if the defendant wishes to do so. Alternatively, the defendant may proceed to sentencing and allow the judge to decide on the sentence, which is often going to be worse than what was negotiated.
In the case of an open guilty plea, the defendant pleads guilty to the charges without any kind of negotiations. In many cases, the Commonwealth’s plea offer is simply unreasonable and should be rejected. At the same time, the defendant may not have a viable defense to the charges. The judge, who is tasked with resolving the backload of cases in the criminal justice system, may be willing to sentence the defendant to something significantly less than the sentence requested by the prosecution. Unfortunately, losing a trial is far more likely to result in a jail sentence than pleading guilty. Therefore, the defendant who is unlikely to win his or her case may be better served by pleading guilty and focusing on convincing the judge to impose a lighter sentence than the sentence sought by the Commonwealth. In an open guilty plea, both sides may make recommendations, present witnesses and evidence, and argue to the judge for the recommended sentence. The judge will then decide on the sentence. Open pleas are increasingly common due to the elimination of most of Pennsylvania’s mandatory minimum sentence laws.
Conditional Guilty Pleas in Pennsylvania
Following Singleton, there may be a third type of guilty plea called a conditional guilty plea. Conditional pleas are extremely common in New Jersey, but it has not been totally settled whether they are allowed in Pennsylvania. In a conditional guilty plea, a defendant who has lost a pre-trial motion such as a motion to suppress evidence may plead guilty pursuant to negotiations for an agreed upon sentence. As part of the negotiations, the Commonwealth may agree that the defendant can appeal the denial of the motion to suppress. In the case of a normal negotiated or open guilty plea, the defendant retains very few rights on appeal and cannot appeal the denial of a pre-trial motion. A conditional guilty plea allows the defendant to retain the right to appeal specified issues and still enjoy the certainty of the negotiations. Thus, the defendant does not have to risk receiving a greater sentence as a punishment for going to trial solely to preserve appellate rights.
Commonwealth v. Singleton
In Singleton, the defendant was arrested and charged with Possession with the Intent to Deliver. The defendant filed a motion to suppress. At the motions hearing, Philadelphia police officers testified that they were on patrol near a major train terminal which was a known location for drug sales. There had also recently been a number of robberies in the area. Officers testified that they saw the defendant wearing a hoodie which appeared to have a heavy object in the pocket. The officers were concerned that the object could be a weapon, so they approached the defendant, who had sat down on a ledge. As the officers approached, the defendant looked at them, took a black bag out of his sweatshirt, and placed it behind him. The officers continued to believe that the bag could contain a weapon.
Police asked the defendant about the bag, and the defendant did not answer. One of the officers testified that he was able to see through the side of bag and that it contained jars of red syrup, which the officer recognized as codeine syrup. The officers arrested the defendant for PWID and found both heroin and marijuana during a search incident to arrest. The trial court denied the motion to suppress, finding that the initial encounter with the defendant was only a mere encounter. The trial court further found that the officers observed drugs in plain view, which gave them the necessary probable cause to arrest the defendant and search him. Because police never officially stopped or searched the defendant prior to viewing the drugs, the court denied the motion. After the trial court denied the motion, the defendant entered into a conditional guilty plea with the prosecution. The plea provided for a sentence of 11.5 to 23 months of incarceration to be followed by five years of probation, and the plea agreement specifically provided that the defendant could appeal the denial of the Motion to Suppress.
On appeal, the Superior Court upheld the trial court’s order denying the Motion to Suppress. However, the case is notable for the fact that the Superior Court agreed to reach the merits of the issue despite the fact that the defendant had pleaded guilty. Normally, the guilty plea makes it impossible to challenge the denial of the Motion to Suppress on appeal. Here, the Superior Court ruled that because the plea agreement reserved the right to appeal and the Commonwealth did not object in its brief, the Court could reach the merits of the appeal.
If this trend is upheld, Singleton creates less risk and more certainty for both sides as the defendant can accept a pre-trial offer for reduced charges or less jail time while still retaining the ability to challenge a wrongfully denied motion to suppress in the Superior Court. The Commonwealth, meanwhile, saves the time and expense of going to trial in a case in which the real defense was a pre-trial motion and not whether or not the defendant committed the crime. In many drug and gun cases, the real issue will be whether the police conducted a legal search and not whether the defendant possessed the contraband in question. Without the ability to enter into a conditional guilty plea, the defendant who has lost a strong motion to suppress has to choose between going to trial and potentially receiving a worse sentence and pleading guilty and waiving the right to appeal. Now, the defendant may not have to make that unfair choice.
Call For A Free Strategy Session With An Award-Winning Philadelphia Criminal Defense Attorney
Goldstein Mehta LLC Criminal Defense Lawyers
As always, if you are facing criminal charges, we can help. Our award-winning Philadelphia criminal defense lawyers have won countless pre-trial motions, bench trials, and jury trials, and we have also successfully resolved many cases through negotiations which resulted in excellent outcomes for our clients. We offer a 15-minute criminal defense strategy session to any potential client, so call 267-225-2545 to speak with one of our experienced and understanding defense attorneys today.
PA Superior Court: Defendant Must Be Permitted To Rebut Commonwealth's 404(b) Prior Bad Acts Evidence
The Pennsylvania Superior Court has just decided the case of Commonwealth v. Yocolano, holding that the defendant's conviction must be reversed because the trial court improperly prevented the defendant from rebutting the Commonwealth's 404(b) Prior Bad Acts evidence. Under the Pennsylvania Rules of Evidence, prosecutors may file a motion asking the trial court to allow them to introduce evidence of "prior bad acts" or crimes committed by a defendant. This type of evidence can be extremely prejudicial to the defendant, and the Superior Court has now ruled that the defense must be permitted to call witnesses to rebut this highly prejudicial testimony when such witnesses are available.
Commonwealth v. Yocolano
In Yocolano, the defendant was charged with Aggravated Assault and various sexual assault charges against his paramour, who is referred to in the opinion as A.A. The testimony established that Mr. Yocolano and A.A. were in an on-again, off-again romantic relationship dating back to 2010 and had a child together. Throughout their relationship, there were multiple alleged instances of domestic violence. The police were called on several occasions. For example, in 2010, the police responded to a call that Mr. Yocolano had an altercation with A.A. where he chased her and caused damage to A.A.’s father’s house. In 2012, the police were called on several occasions including: an incident where police were called after Mr. Yocolano threatened A.A. with a machete; an argument between A.A. and Mr. Yocolano; A.A. calling the police on Mr. Yocolano after expressing suicidal thoughts after an argument between the two; A.A. filing a police report against Mr. Yocolano after he threatened and choked her; and Mr. Yocolano punching A.A. in the head and threatening to kill her and her family. In October of 2012, A.A. obtained a Protection from Abuse “PFA” against Mr. Yocolano. This incident led to the charges in question, and Mr. Yocolano was subsequently arrested.
Both before and during the trial, the Commonwealth filed multiple 404(b) motions in Mr. Yocolano’s case. Specifically, the Commonwealth sought to introduce evidence from the 2010 incident and three incidents from 2012. The prosecutors also sought to introduce two PFA’s against Mr. Yocolano filed by women other than A.A. on the fourth day of trial, and the trial court permitted the prosecution to introduce all of the prior bad acts evidence.
What is a 404(b) Prior Bad Acts Motion?
In most cases, a prosecutor may only use evidence against a defendant relating to the crimes alleged in the complaint. This means that prosecutors cannot simply tell a judge or jury that the defendant is a criminal or has a criminal record. A 404(b) Motion, commonly referred to as a “Prior Bad Acts Motion,” allows the Commonwealth to introduce prior acts against a defendant in the present criminal case against him under certain limited circumstances. A 404(b) motion cannot be used to prove a person’s character (i.e. that because a defendant did something bad once in their life, they are a bad person and thus did this crime), but rather it can be used to show motive, opportunity, intent, absence of mistake, knowledge, lack of accident, preparation, and plan. In domestic violence cases, 404(b) motions are common, and appellate courts have held that in some cases, they may be used to show “the continual nature of abuse and to show the defendant’s motive, malice, intent and ill-will toward the victim.” Commonwealth v. Ivy, 146 A.3d 241, 251 (Pa. Super. Ct. 2016). Accordingly, prosecutors routinely argue that prior convictions or allegations of violence between the defendant and the complainant provided the defendant with the motive for the criminal behavior alleged in the current case or would show that the injuries could not have been caused as the result of an accident.
Defending Against 404(b) Motions
Obviously, prosecutors gain a tremendous advantage when they are permitted to inform a judge or jury of a defendant's prior record. The judge or jury become much less likely to be sympathetic and far more likely to believe that if the defendant committed a crime before, he or she must have committed a crime again. However, it is possible in many cases to successfully oppose these motions or limit the damage. In some cases, it may be possible to show a lack of similarity between the conduct or that the prejudicial effect would substantially outweigh any probative value. It also may be possible to successfully argue that the prior conviction does not establish any of the requirements which the Commonwealth must show. In other cases, it may be possible to call eyewitness from the other incidents to show that the other allegations are also false. Therefore, if you are charged with a crime and a prosecutor is seeking to introduce prior bad acts against you, it is imperative that you have a skilled attorney who can litigate a motion to prevent these prior bad acts from being introduced into trial or attempt to limit the damage by thoroughly investigating the allegations. In Mr. Yocolano’s case, his attorney was unsuccessful in opposing the three incidents from 2012, the incident from 2010, and the prior PFA’s which were filed by other women.
Although the defense could not keep this highly prejudicial evidence out, the defense had thoroughly investigated the case and located a number of witnesses which were ready to rebut the prior bad act allegations. During the trial, the defense attempted to introduce evidence that would rebut the 2010 incident. However, the trial court precluded the defense from introducing evidence to rebut the claim, holding that it was “collateral.” Specifically, the trial court only allowed the defendant to introduce evidence that would rebut the allegations from December 6, 2012 (the day on which the crimes for which he was on trial allegedly took place) and was not allowed to introduce any evidence that would rebut the “prior bad acts” that the trial court had found admissible. Given all of this prejudicial testimony from other incidents, the defendant was ultimately convicted and sentenced to 18-36 years of incarceration.
Yocolano appealed, and the Superior Court reversed the conviction. The Court found that the trial court abused its discretion in preventing Mr. Yocolano from introducing evidence that would rebut these claims. The Superior Court cited an important Pennsylvania Supreme Court case called Commonwealth v. Ballard which held that “where the evidence proposed goes to the impeachment of the testimony of his opponent’s witness, it is admissible as a matter of right.” The Superior Court properly recognized that Mr. Yocolano should have been allowed to “test the veracity of A.A.’s version of events.”
Protection from Abuse Orders and Rule 404(b)
The Superior Court also held that the trial court abused its discretion when it permitted the two PFA’s from different women to be introduced. Rule 404(b)(3) states that a prosecutor must provide “reasonable notice” if they seek to introduce these prior bad acts. Reasonable notice typically means that the prosecution must inform the defense in writing and in advance of the intent to introduce prior bad acts evidence. There are exceptions which allow the prosecution to introduce prior bad acts during trial where the prosecution can show good cause for the failure to provide prior notice.
Unfortunately, it is not uncommon for prosecutors to provide the defense with previously undisclosed evidence on the day of trial. Most judges will either permit the defendant to continue the case or preclude the last-minute evidence from being introduced. However, in this case, the Commonwealth provided the unrelated Protection from Abuse Orders against Mr. Yocolono on the fourth day of trial. The Commonwealth stated that the reason for the late discovery was because the prosecutor had just looked in the computer system mid-trial and happened to find the records.
The Superior Court rejected the Commonwealth's argument that this constituted good cause. The Court held that the Commonwealth’s excuse did “not qualify as a valid legal excuse.” Further, the Superior Court was skeptical that these third-party PFA’s would have met the substantive requirements of 404(b). In Mr. Yocolono’s case, the trial court failed to analyze the facts of the two other PFA’s and identify “a close factual nexus sufficient to demonstrative the connective relevance of the third-party PFAs to the crimes in question.” Based on all of these errors, the Superior Court ordered that the sentence be vacated and that the defendant receive a new trial.
Facing Criminal Charges? We Can Help
Philadelphia Criminal Defense Lawyers Demetra Mehta, Esq. and Zak T. Goldstein, Esq.
Domestic violence and other assault cases are often more complicated than they would seem. In cases where the prosecution seeks to introduce prior bad acts evidence, the defense must thoroughly investigate the case and strongly oppose these 404(b) motions both on the law and on the facts. If you are facing criminal charges, you need an 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.
New Strangulation Offense Increases Penalties for Domestic Violence
Strangulation - A New Crime in Pennsylvania
Philadelphia Criminal Defense Lawyer Zak Goldstein
The Pennsylvania Legislature recently enacted a new statute which increases the potential penalties in many domestic violence cases. Under the new strangulation statute, it is now often a felony to choke a family member or domestic partner. Previously, choking which did not cause serious bodily injury would often be graded as a misdemeanor Simple Assault instead of a felony Aggravated Assault. Therefore, the strangulation statute has the potential to drastically increase the consequences of a domestic assault allegation.
What is Strangulation?
Pennsylvania law defines strangulation as:
"knowingly or intentionally imped[ing] the breathing or circulation of the blood of another person by:
(1) applying pressure to the throat or neck; or
(2) blocking the nose and mouth of the person."
The statute specifically negates any requirement that the prosecution prove an actual physical injury. The law provides:
"Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section."
This makes it easier for the prosecution to prove strangulation than to prove Aggravated Assault. Aggravated Assault requires the Commonwealth to prove that the defendant caused or attempted to cause serious bodily injury. Thus, in Aggravated Assault cases where the prosecution alleged choking of some kind, it was often a defense to the charge that the defendant did not cause any injury. If the defendant did not cause injury despite the choking, then the defense could argue that the defendant likely was not attempting to cause serious bodily injury. Although this defense would still remain viable against an Aggravated or Simple Assault charge, a lack of injury does not provide a legal defense to strangulation.
What are the penalties for Strangulation?
A conviction for strangulation does not require a judge to impose a mandatory minimum sentence at sentencing. However, it is a serious charge because it is often a felony.
By default, strangulation is a misdemeanor of the second degree.
However, it becomes a felony of the second degree when the crime is committed against a family member, household member, or complainant with whom the defendant has had a sexual relationship.
It becomes a felony of the first degree when the defendant has a prior conviction for strangulation, if the defendant uses a weapon during the commission of the offense, or if the complainant has an active Protection From Abuse order against the defendant.
Misdemeanors of the second degree are punishable by up to two years in prison. Second degree felonies are punishable by ten years in prison, and first degree felonies may be punished by up to twenty years in prison. Because there is no mandatory minimum, the judge has a tremendous amount of discretion when deciding on a sentence for a strangulation conviction, and a sentence could range from probation to jail time. All convictions for domestic violence prohibit the defendant from possessing a firearm.
What are the defenses to strangulation charges?
Despite the reduced legal burden for the prosecution in terms of proving strangulation, there are still a number of potential defense to this charge. Many of the defenses are the same as the defenses available in all domestic violence cases. Depending on the circumstances of the case, potential defenses may include:
Pre-trial diversionary programs. In Philadelphia cases in which the complainant did not suffer serious injury, prosecutors often offer entry into pre-trial domestic violence diversionary programs which may result in the dismissal and expungement of charges if the defendant pays a fine, attends counseling sessions, completes community service, and stays out of trouble for six months.
Credibility. Although the Commonwealth may prove strangulation without proving that the complainant suffered some kind of actual injury, the absence of injuries is still relevant in terms of whether the complainant is telling the truth. If the complainant alleges that the defendant choked him or her for a lengthy period of time but the complainant does not have any marks around the throat, then it may be possible to show that the complainant has fabricated the story. Additionally, cross examination may reveal that the complainant has a motive to fabricate for reasons such as jealousy, financial gain, or to obtain lawful immigration status. Every defendant in Pennsylvania has the right to a trial by jury or a trial with a judge, and the Commonwealth must prove each element of a statute beyond a reasonable doubt. If the judge or jury do not believe the complainant, then that could lead to an acquittal despite the fact that the Commonwealth is not required to prove that an injury occurred.
Self-Defense. Self-defense could also be a defense in an assault case. If the defense can show that the complainant attacked the defendant first, then the defendant may have been justified in fighting back. If the defense introduces some evidence of self-defense, the Commonwealth must disprove self-defense beyond a reasonable doubt. If the Commonwealth cannot do so, then the defendant would be acquitted.
Philadelphia Criminal Defense Lawyers for Strangulation Charges
Philadelphia Criminal Defense Lawyers Zak T. Goldstein, Esq. and Demetra Mehta, Esq.
The Philadelphia criminal defense attorneys of Goldstein Mehta LLC have successfully represented hundreds of clients in domestic violence and domestic assault cases. We have already defended clients who are charged with strangulation and successfully moved to have these serious charges dismissed at preliminary hearings in courts throughout Pennsylvania. We are experienced and understanding defense attorneys who will fight for you. If you are facing domestic violence allegations or any other criminal charges, call 267-225-2545 for a free criminal defense strategy session.
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Third Circuit Overturns PA Murder Conviction Due To Prosecutor’s Knowing Use Of Perjured Testimony
Prosecutors May Not Knowingly Introduce Perjured Testimony
Federal and state courts have previously held that prosecutors may not knowingly use perjured testimony or knowingly allow perjured testimony to go uncorrected. However, the standard of review on appeal and in post-conviction proceedings has not always been clear. In Haskell v. Superintendent Greene SCI, et al, the federal Third Circuit Court of Appeals has ruled that the knowing use of perjured testimony by the prosecution in a state criminal trial may lead to the reversal of a conviction in habeas litigation. In order to obtain relief, the defendant must show a reasonable likelihood that the perjured testimony affected the judgment of the jury.
Prosecutors charged Haskell with murder after a gunman shot and killed a man in a bar in Erie, Pennsylvania in December 1994. The primary issue at trial was whether authorities correctly identified Haskell as the gunman. In addition to some circumstantial evidence linking Haskell to the crime, the Commonwealth also presented four alleged eyewitnesses who claimed that Haskell was the shooter. Three of them had significant problems with their testimony. One witness recanted on the stand and testified he had identified Haskell solely in the hopes of getting out of jail on his own unrelated case, and two others denied being able to identify the shooter in earlier statements given to the police. Therefore, the testimony of the fourth eyewitness was important.
The fourth eyewitness consistently testified that Haskell was the shooter. However, she had a number of legal problems of her own. In addition to facing a parole violation in Erie County, she was also in jail on Simple Assault charges. In addition to her Erie County legal problems, she also faced numerous theft charges in Mercer County. She testified that she smoked marijuana with Haskell shortly before the shooting and witnessed him committing the crime. At the preliminary hearing, she denied having any pending charges and insisted that she was in custody solely due to the parole violation. She also insisted that she had not discussed cooperation with the prosecution. She stuck to that story at trial, again insisting that she was in jail for a parole violation and that she did not expect to receive anything in exchange for her testimony.
Of course, that was a lie. The detectives and prosecutors in Erie helped her with her pending charges both before her testimony at trial and afterwards. They wrote letters to the judges in her cases as well as the prosecutors in Mercer County, and the witness was eventually released with a suspended sentence due to the fact that she cooperated by testifying in a homicide. Despite knowing that the witness perjured herself by denying any cooperation or anticipated benefit, the prosecutor actually argued during closing argument that it was ridiculous to think she would receive any personal benefit from testifying against the defendant. That prosecutor then sent a letter to the judge in Mercer County explaining the importance of her testimony in the homicide.
Based on the circumstantial evidence and the testimony of the four witnesses, Haskell was convicted and sentenced to life in jail. He initially filed a Post-Conviction Relief Act Petition alleging that the fourth witness’s perjured testimony violated his right to due process. The state court dismissed the PCRA, finding that it was time-barred. He then filed a habeas corpus petition in federal court, and the Commonwealth conceded that the claim was not in fact time barred. The federal District Court held that the testimony was false and the prosecution knew or should have known it was false. However, the District Court denied the habeas petition, finding that the testimony would not have had a substantial effect on the jury’s verdict. Haskell appealed.
The Third Circuit Court of Appeals reversed the District Court. The Third Circuit recognized that a state violates the Fourteenth Amendment’s due process guarantee when it knowingly presents or fails to correct false testimony in a criminal proceeding. Consequently, the Supreme Court has consistently held that a conviction obtained by the knowing use of perjured testimony is fundamentally unfair, and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury. Likewise, the same result must occur when the State, although not soliciting false evidence, allows it to go uncorrected when it appears. A conviction must be set aside even if the false testimony goes only to a witness’s credibility rather than the defendant’s guilt.
Accordingly, the Third Circuit recognized that in order to establish his claim, Haskell must have shown that
the fourth eyewitness committed perjury,
the Commonwealth knew or should have known that the testimony was false,
the false testimony was not corrected,
there is a reasonable likelihood that the perjured testimony could have affected the judgment of the jury.
The Third Circuit held that Haskell established all four prongs of this test. First, it was uncontested that the eyewitness had lied about not receiving favorable treatment in exchange for cooperation. Second, the Commonwealth knew about it because the prosecutors involved actually obtained that favorable treatment for her. Third, the prosecution failed to correct the perjured testimony and instead argued that it was ridiculous to believe she would receive any benefit. Finally, there is a reasonable likelihood that the false testimony could have affected the verdict. The Court noted that she was a key witness because all of the other witnesses had significant problems with their testimony. They either recanted or had given prior inconsistent statements in which they denied being able to identify the shooter. It was only the fourth eyewitness who claimed to know Haskell before the shooting and that she could therefore definitively identify him. Because her testimony was central to the case, the Court held that her perjured testimony posed a reasonable, and significant likelihood of affecting the verdict. Therefore, the Third Circuit reversed Haskell’s conviction.
Haskell should put prosecutors throughout the Third Circuit on notice of both their pre-trial discovery obligations and their duty to correct perjured testimony when they know about it. Every criminal defendant has a constitutional right to due process, and due process includes the right to a fair trial. It is impossible to have a fair trial when the prosecution is willing to introduce testimony that it knows to be false, and prosecutors simply may not hide exculpatory evidence from the defense.
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Goldstein Mehta LLC: Criminal Defense Lawyers in Philadelphia, PA
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.