1/17/20: Commonwealth v. Bowens – The Superior Court held that evidence obtained from a cell phone after the expiration of the search warrant (48 hours) had to be suppressed. 02/02/16: Copoulos is a veteran of the Philly Courts with more than ten years experience litigating cases in the Court of Common Pleas and Municipal Court. The content that was taught in the 2017 Legal Update course that leaf forms of medical marijuana may not be prescribed is no longer accurate. Unlawful use of unmanned aircraft (Drones). Act 5 of 2019 (HB 279 of 2019) (Hot Car Immunity – Children) Non-Emergency Responders are not liable for damage to a motor vehicle or the contents, if the person enters the motor vehicle for the purpose of removing an individual from the motor vehicle. In 2017, PA Rule of Criminal Procedure – Rule 205(B) was amended allowing searches of electronic storage devices after the 48 hours. 12/17/2018: Act 83 of 2018 - Adds trash haulers to the list of vehicles, including tow trucks, mail delivery vans and other vehicles involved in performing a roadside service, to those for which a driver must slow down when passing. Caselaw Updates. The Court held that prior acceptance of ARD “entails no proof of misconduct or conclusive irrebuttable proof of a prior offense.” According to the Court, any fact that by law increases the penalty for a crime is an element that must be submitted to the jury and found beyond a reasonable doubt. Previous Legal Updates This page contains significant/relevant cases that were incorporated into annual LEGAL UPDATES training. 1628 JFK Blvd., Ste. 1301 That consent did not extend to a 40 minute detention pending the arrival of a drug dog, and did not extend to a search of the vehicle by the drug dog. § 2718; Physical injury not an element of the offense; Consent is an affirmative defense; Grading can be M2, F2 or F1; F2: Victim is family or household member, care dependent person; F2: Crime committed "in conjunction with sexual violence [or] human trafficking"; F1: Defendant was subject to restraining order, used an instrument of crime or has prior F2 conviction. Title 75 (Vehicles), Section 1338 (Person with disability plate and placard), by adding optometrists to the list of medical providers authorized to certify a person as disabled for the purpose of issuing a handicapped plate or placard.11/27/17: You may also have a strong defense to the case that would result in an acquittal at trial. Defendant discarded contraband. While no attorney can ethically guarantee to win your case, we will do everything possible to outwork the competition and ensure you receive the best possible chance of reaching a favorable outcome that enables you to move forward in your life. The court’s decision substantially lessens the potential criminal liability a defendant may face who has had prior contacts with a DUI. This, of course, stopped attempts by the insurance industry to get an IRE at all. In this decision the Superior Court held that prior acceptance of ARD does not constitute a prior offense under the DUI statute. Certain confidential documents are also protected these include but are not limited to medical and psychological records and financial source documents. Proudly founded in 1681 as a place of tolerance and freedom. If you do not want to undergo this government supervision you may consider taking your case to trial.
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