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Case Results

The cases shown below are all recent cases handled by our firm.

Client was charged with Rape of a Child, Aggravated Indecent Assault of a Child, and other related sexual offenses after a ten-year-old female alleged that Client had forcibly raped her on three occasions. The Commonwealth had the victim submit to numerous interviews with law enforcement investigators, Children and Youth Services, and various psychologists and psychiatrists. At trial, the Commonwealth called three expert witnesses, the victim, the victim's parents, and the Pennsylvania State Trooper who investigated the incident. Defense counsel successfully impeached all Commonwealth witnesses and presented evidence in support of the Defendant's good character and work history. JURY TRIAL: NOT GUILTY ON ALL COUNTS. Centre County, March 11, 2008.



Client was charged with Sexual Assault and Indecent Assault after female victim reported to the police that she did not consent to the sexual intercourse. After cross-examination regarding the details of the encounter, the credibility of the victim was impeached. The mother of the alleged victim also testified and her testimony was similarly rejected by the court. BENCH TRIAL VERDICT: NOT GUILTY ON ALL COUNTS. Centre County, December 19, 2007.



Client was charged with summary offense of Criminal Trespass for allegedly failing to leave a Penn State tailgate outside of Beaver Stadium. After witnesses were sworn, defense counsel argued that the court must dismiss the case because of blatant errors in the non-traffic citation. CHARGE DISMISSED. Centre County, December 17, 2007.



Client was charged with Simple Assault and Harassment after allegedly striking a male in the face during an altercation outside of a fraternity near Penn State University. The victim suffered a broken nose and other serious injuries. Despite an on-scene identification immediately after the incident, defense counsel successfully cross-examined the victim at the preliminary hearing regarding the method and details of identification. CHARGES DISMISSED. Centre County, December 12, 2007.



Client was charged with Furnishing Alcohol to Minors, Possession of Drug Paraphernalia, and Underage Consumption/Possession of Alcohol after police made warrantless entry into Client's residence and conducted search. Defense counsel filed pre-trial motion arguing that the warrantless entry violated Client's constitutional rights and therefore any evidence must be suppressed as fruits of the poisonous tree. Charges were NOLLE PROSSED by the district attorney. Centre County, December 11, 2007.



Client was charged with Rape of a Child less than 13 years old and other related sexual offenses for allegedly performing consensual sexual acts with a 12-year-old female. If convicted, Client faced a mandatory minimum sentence of 5 years incarceration in state prison. Client denied that any sexual activity had occurred. At trial, defense counsel impeached the testimony of the alleged victim by cross-examining victim regarding inconsistent testimony given at a prior hearing. Defense counsel argued that the jury must acquit Client based upon the contradictory testimony of the alleged victim and the lack of physical evidence to corroborate her testimony. JURY VERDICT: NOT GUILTY ON ALL COUNTS. Mifflin County, November 14, 2007.



Client was charged with Possession of Small Amount of Marijuana after police observed Client's friend smoking marijuana and patdown search of Client led to the discovery of marijuana. Defense counsel argued to district attorney that the search violated Client's constitutional rights. Plea agreement was reached with the district attorney, and Client pleaded guilty to summary offense of Disorderly Conduct, charge of Possession of Small Amount of Marijuana was WITHDRAWN. Centre County, October 24, 2007.



Client was charged with Underage Consumption/Possession of Alcohol after being arrested inside Beaver Stadium at a Penn State football game. At hearing, defense counsel argued that any detention and subsequent arrest of client violated Client's constitutional rights. Police sought to justify detention and/or arrest by introducing statements of officer who was not present, but judge sustained defense counsel's objection to said testimony based upon hearsay grounds. NOT GUILTY. Centre County, October 23, 2007.



Clients were charged with Underage Consumption/Possession of Alcohol after police made warrantless entry into residence where Clients were staying. Defense counsel argued that the warrantless entry violated clients' constitutional rights and therefore any evidence must be suppressed as fruits of the poisonous tree. NOT GUILTY. Centre County, September 7, 2007.



Client was charged with Possession With Intent to Deliver approximately 1.5 kilograms of cocaine. Law enforcement had executed a search warrant on client's apartment locating a large amount of cocaine, money, scales, and other indications of drug trafficking. If convicted, Defendant faced a mandatory minimum sentence of 4 years in a state prison and a fine of $25,000.00. Defense counsel filed a pretrial motion to suppress all physical evidence obtained alleging that the search warrant was defective. At the time and place set for the suppression hearing, defense counsel agreed to 5 years of probation on the Accelerated Rehabilitative Disposition (ARD) program. After successful completion of the program, the client will have all record of the arrest expunged. York County, August 28, 2007.



Client was charged with Possession of Paraphernalia after police officers responded to Client's apartment for a noise complaint and detected an odor of marijuana. Officers entered the apartment and subjected Client to patdown search for weapons. During patdown, officers discovered paraphernalia. Defense counsel argued that the patdown search violated Client's constitutional rights. CHARGE WITHDRAWN. Centre County, August 15, 2007.



Client was charged with Underage Consumption/Possession of Alcohol after police observed an individual of youthful appearance drinking alcohol in Client's car. Police approached Client's car and ordered Client and three passengers to produce identification. At hearing, defense counsel argued that police did not have reasonable suspicion to detain Client; therefore any evidence of Client's intoxication was the product of an unconstitutional detention. NOT GUILTY. Centre County, August 6, 2007.



Client was arrested for DUI and was transported to a hospital for blood alcohol analysis. Client was released at his residence, but Client returned to the scene to retrieve his vehicle. Law enforcement was watching Client's vehicle and followed client's vehicle as it was driven from scene. Police followed vehicle until it parked at Client's house. Police then detained Client and arrested him a second time for DUI. Defense counsel filed pre-trial motion to suppress arguing that the officer did not have reasonable suspicion to detain or probable cause to arrest Client in second DUI. EVIDENCE SUPPRESSED. Mifflin County, May 10, 2007.



Client was charged with Possession of Small Amount of Marijuana after Client disregarded police order to emerge from under tree and fled the scene. Client was taken into custody at which time a search of the Client's person led to the discovery of marijuana. Defense counsel filed a pre-trial motion to suppress all physical evidence obtained as a result of the search arguing that police patdown violated the laws of the Commonwealth of Pennsylvania. A plea agreement was reached with district attorney, whereby the Client pleaded guilty to two summary offenses. The misdemeanor Possession of Small Amount of Marijuana charge was WITHDRAWN. Centre County, November 20, 2006.



Client was charged with Underage Consumption/Possession of Alcohol after admitting to police that she had consumed beer. At hearing, defense counsel argued that admission to having consumed "beer" was not sufficient evidence to prove that beverage consumed was malt beverage containing 0.50% or more of alcohol as required by statute. NOT GUILTY. Centre County, October 12, 2006.



Client was charged with Receiving Stolen Property, Firearms not to be Carried Without a License, Persons not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms, Simple Assault, Recklessly Endangering Another Person, Burglary, Criminal Trespass, and Resisting Arrest after police responded to a complaint of the suspect who had been in her house threatening her with a gun. Upon arrival police detained Client and requested information regarding the incident, at which time Client fled the scene while discarding a stolen handgun. After the preliminary hearing, the charges of Burglary, Criminal Trespass, and Resisting Arrest were dismissed. Defense counsel filed a suppression motion arguing that police lacked a reasonable and articulate suspicion to detain Defendant that Client discarding the firearm was a result of the nature of the police chasing him. EVIDENCE SUPPRESSED: Berks County, May 6, 2008.



Client was charged with Possession of a Small Amount of Marijuana after his vehicle was stopped on Interstate 80 because of an allegation that the vehicle's windows were tinted. The Pennsylvania State Trooper detained the client at the roadside and began to interrogate the Client by repeatedly asking questions regarding his travel arrangements and ultimately obtained Client's permission to search vehicle. At the time and date set for the preliminary hearing, defense counsel was prepared to argue that the initial traffic stop was pretextual and violated the Client's constitutional rights and that the encounter with the Pennsylvania State Trooper violated the standards governing traffic stops as explained by the Pennsylvania Superior Court in Commonwealth v. Strickland. CHARGES WITHDRAWN: Centre County, April 30, 2008.



Client was charged with Furnishing Alcohol to Minors, Unlawful Act Relative to Liquor, Underage Drinking, and Disorderly Conduct after police responded to noise violation at Client's apartment, police made warrantless entry into Client's apartment and discovered numerous minors had consumed alcohol. Defense counsel argued that the warrantless entry violated Client's constitutional rights. Charges of Furnishing Alcohol to Minors and Unlawful Acts Relative to Liquor were WITHDRAWN: Centre County, April 9, 2008.



Clients were charged with Underage Possession of Alcohol after police observed Clients sitting around coffee table upon which were open cans of beer. At the hearing, defense counsel argued that no testimony was presented that the cans actually contained any beer and that insufficient evidence was presented that Client had consumed alcohol. NOT GUILTY: Centre County, March 25, 2008.



Client was charged with Possession of Paraphernalia after police saw a marijuana smoking device in Client's bedroom window. Client consented to police entering his apartment, but police entered his room without a warrant or consent to seize the device. Defense counsel argued with the district attorney that the evidence should be suppressed based upon warrantless search. Client pleaded guilty to summary offense of Disorderly Conduct, Possession of Paraphernalia charge was NOLLE PROSSED: Centre County, March 18, 2008.



Client was charged with Delivery of Marijuana, Dealing Proceeds of Unlawful Activity, and DUI after police initiated a traffic stop of Defendant's vehicle. Defendant was ordered to exit his vehicle. A subsequent search of the Client's vehicle resulted in the discovery of approximately $30,000.00 in cash. When Client was taken into custody, he gave a detailed statement to the police. Defense counsel filed a pretrial motion seeking to suppress all physical evidence arguing inter alia that the police lacked probable cause to initiate a traffic stop and that the subsequent interrogation of the Client and search of his vehicle violated his constitutional rights. Charges were NOLLE PROSSED: Centre County, February 26, 2008.



Client was charged with DUI after police responded to traffic accident involving Client's vehicle. After law enforcement arrived on the scene, they were unable to locate the driver of the vehicle. The police contacted the Defendant at his house at which time he made statements that he had been consuming alcohol with dinner. Defense counsel argued that the Commonwealth was unable to establish that the Client was the driver of the vehicle at the time the action occurred. DUI charge was WITHDRAWN: Centre County, February 13, 2008.



Client was charged with three counts of Attempted Homicide (Felony 1), six counts of Aggravated Assault (Felony 1 & 2), three counts of Terroristic Threats (Misdemeanor 1), nine counts of Simple Assault (Misdemeanor 2) and three counts of Recklessly Endangering (Misdemeanor 2), relating to his involvement in an altercation in downtown Punxsutawney, Pennsylvania, at 3:30 a.m., wherein he brandished a 9 millimeter pistol after an argument and discharged the weapon. After a thorough investigation, a Preliminary Hearing was held and three counts of Simple Assault were dismissed. Pre-Trial Motions were filed and led to the dismissal of two counts of Attempted Homicide and two counts of Aggravated Assault. The remaining counts proceeded to a jury trial. JURY VERDICT: NOT GUILTY on Attempted Murder; NOT GUILTY of Aggravated Assault; NOT GUILTY of Terroristic Threats; Guilty of Simple Assault; and Guilty of Recklessly Endangering. Jefferson County - September 22, 2006.



Client left fraternity party to meet Girlfriend at the Crowbar. Upon exiting the fraternity client found a parked vehicle with the keys inside. Client did not know the owner. Client took vehicle and started driving toward Crowbar. Client went wrong way on Locust directly into the path of a marked State College Police cruiser. Client made quick left onto Foster Ave and turned off lights to avoid identification. Siren, spotlight and overhead lights were activated. Vehicle finally stopped at Hetzel at which time client exited the car and ran from police. Client was apprehended in downtown State College after 6 police officers gave chase. Client's BAC was.162% and he admitted to taking the car. Client was charged with Theft of a Motor Vehicle (Felony), Receiving Stolen Property (Felony), Fleeing and Eluding Police (Misdemeanor) and DUI (Misdemeanor). Defense counsel was successful in suppressing statements taken in violation of Miranda and engaged in extended plea negotiations with Commonwealth attorney seeking to have the felonies dropped in exchange for pleas of guilty to the DUI and Fleeing. The Commonwealth refused to drop the felonies and proceeded to trial. Defense counsel stipulated to the blood alcohol level and to fleeing and eluding police. Jury Verdict: Theft of a Motor Vehicle (Felony) NOT GUILTY; Receiving Stolen Property (Felony) NOT GUILTY. DUI and Fleeing GUILTY. Centre County, August 24, 2006



Client was charged with Terroristic Threats whereby commonwealth alleged client delivered drugs to a criminal informant and soon after, figuring he had been set up, agreed to meet with the informant at a Uni-Mart. While at the Uni-Mart, informant testified that client threatened to kill him. The threatening statements were made while members of the Region IV Drug Strike Task Force and the Pennsylvania State Police were conducting surveillance. CHARGES DISMISSED; Centre County, August 16, 2006



Client was charged with Resisting Arrest after a traffic stop. After heated discussion client attempted to leave scene and was restrained by officer. While being handcuffed, client attempted unsuccessfully to “head butt” officer and was then forcibly taken to the ground. CHARGES DISMISSED; Centre County, August 2, 2006



Client was charged with Manufacturing Marijuana when members of the Altoona Police department executed a search warrant and discovered 346 live marijuana plants between 8’’ to 15’’ on the recently renovated 3rd floor of property he owned. Grow lights, packaging material, brass knuckles and marijuana pipes containing residue were also found inside the home. The windows were covered with black garbage bags. The water bills and electrical bills showing increase utility usage were sent directly to and paid immediately by client. CHARGES WITHDRAWN; Blair County, July 26, 2006



Client was charged with Terroristic Threats whereby the Commonwealth alleged that client called his former supervisor and said “I am loading my gun and I am coming over to kill you in front of your family.” The Commonwealth called two eyewitness, the victim and a Pennsylvania State Trooper. JURY VERTDICT NOT GUILTY; Clinton County, August 14, 2006



Client was charged with DUI and Possession of Drug Paraphernalia. At approximately 11:40 p.m., Client make a wide right turn and entered the opposing lane of traffic. An off-duty officer swerved to avoid a collision with Client’s vehicle and contacted police. Client parked his vehicle at a nearby convenience store. The on-duty officer observed Client “staggering” in the convenience store parking lot. The on-duty officer followed Client’s vehicle, observed Client’s vehicle swerving within his lane of travel, and the then officer activated his overhead lights to effectuate a traffic stop. Client failed Field Sobriety Tests and a blood test showed a blood alcohol level of.162%. Defense counsel filed a Motion to Suppress Evidence, arguing the officer lacked the requisite probable case necessary to make stop Client’s vehicle. EVIDENCE SUPPRESSED ; Centre County, November 8, 2005.



Client was charged with DUI, Driving on Roadways Laned for Traffic, and Driving an Unregistered Vehicle. At approximately 1:50 a.m., a police officer observed Client’s vehicle traveling “visually fast,” but the officer did not attempt to determine the actual speed. The officer followed Client for 4-5 minutes over a distance of 1 to 1½ miles. Over a quarter mile section, the officer observed Client’s vehicle cross into the other lane of travel in the same direction on three occasions for a few seconds. Client’s vehicle crossed into the land a fourth time, straddling the middle of the two lanes for 6 to 7 seconds. Defense counsel filed a Motion to Suppress, arguing that the officer lacked probable cause necessary to stop Client’s vehicle. The trial court denied the motion. Client was convicted. Defense counsel filed a timely appeal of the Trial Court’s decision on the Suppression Motion to the Superior Court. REVERSED, EVIDENCE SUPPRESSED; Superior Court of Pennsylvania, November 4, 2005.



Client was charged with DUI and Driving on Right Side of Roadway. Police received a 911 dispatch regarding a disabled or crashed vehicle on State Route 144 near Lower Greens Valley Road. Police arrived on the scene and found a damaged truck parked with the dome light illuminated and keys in the ignition but officers could not locate the driver. Officer detected outward sign of intoxication and interrogated Client in his home without Miranda warnings being provided. A blood test evidenced a blood alcohol content of.300%. CHARGES DISMISSED; Centre County, October 19, 2005.



Client was charged with Driving Under the Influence of Alcohol, Careless Driving, Accidents Involving Damage to Unattended Vehicle or Property, Immediate Notice of Accident to Police Department, and Driving on Roadways Laned for Traffic. At approximately 1:00 a.m., Client lost control of his vehicle and sheered a utility pole, resulting in live wires on the roadway. Fire and ambulance personnel responded and described Client as being very intoxicated. Client was advised by EMS personnel that the State Police were en route. Client left the scene with no headlights and drove approximately two (2) miles before the vehicle seized because of extensive front-end damage. EMS followed Client and directed police to the new location. While conversing with the police, Client admitted to being the driver and to having consumed beer at two different bars earlier that evening. Client had a strong smell of alcohol emanating from his breath, slurred his speech, bloodshot glassy eyes, difficulty maintaining his balance, and had urinated in his pants. Client failed field sobriety tests and refused consent to give blood for analysis. Client was found NOT GUILTY on all counts; Jury Trial, Clinton County, October 18, 2005.



Client was charged with DUI, Careless Driving, and Driving on Roadways Laned for Traffic. Police followed Client’s vehicle from the Port Matilda legion to State Route 550. The police observed Client’s vehicle cross the center line and into the opposing lane of traffic on three separate occasions. The officer activated his overhead lights and effectuated a traffic stop of Client. Client was transported to the hospital and blood analysis showed a blood alcohol level of.15%. Defense counsel filed a Motion to Suppress, arguing that the officer lacked probable cause that a violation of the Motor Vehicle Code had occurred, and therefore the stop of Client’s vehicle violated both the Pennsylvania and United States Constitutions. EVIDENCE SUPPRESSED; Centre County, October 18, 2005.



Client was charged with Driving Under the Influence of Alcohol, Careless Driving, Accidents Involving Damage to Unattended Vehicle or Property, Immediate Notice of Accident to Police Department, and Driving on Roadways Laned for Traffic. At approximately 1:00 a.m., Client lost control of his vehicle and sheered a utility pole, resulting in live wires on the roadway. Fire and ambulance personnel responded and described Client as being very intoxicated. Client was advised by EMS personnel that the State Police were en route. Client left the scene with no headlights and drove approximately two (2) miles before the vehicle seized because of extensive front-end damage. EMS followed Client and directed police to the new location. While conversing with the police, Client admitted to being the driver and to having consumed beer at two different bars earlier that evening. Client had a strong smell of alcohol emanating from his breath, slurred his speech, bloodshot glassy eyes, difficulty maintaining his balance, and had urinated in his pants. Client failed field sobriety tests and refused consent to give blood for analysis. Client was found NOT GUILTY on all counts; Jury Trial, Clinton County, October 18, 2005.



Client was charged with Retail Theft, Receiving Stolen Property, and Criminal Mischief. Client was at bar with friend when the friend went behind the bar and grabbed bottle of liquor, began drinking from bottle, then passed bottle to Client. Client drank from bottle and passed to a third person. Bartender told all three people to pay tabs and leave. Friend became belligerent and threatened bartender. Client and friend left bar without paying bar tab. Police investigation uncovered damage done to bar doorway and a motorcycle in the parking lot. At the preliminary hearing, under cross-examination the witnesses acknowledged they did not see Client damage either the door or the motorcycle, and bartender admitted that friend had agreed to pay tab. CHARGES DISMISSED; Clearfield County, August 10, 2005.



Client was charged with DUI, Driving Under Suspended License, and Failure to Utilize Required Signal. Client parked his vehicle along State Route 22 in front of used car lot at approximately 12:30 a.m. Officer pulled his cruiser behind Client to investigate. Client allegedly pulled onto Route 22 without utilizing the appropriate left hand turn signal. Client's BAC was.18%. Defense counsel filed a Motion to Suppress arguing the officer lacked probable cause to effectuate a traffic stop. EVIDENCE SUPPRESSED; Mifflin County, August 5, 2005.



Client was indicted by a Federal Grand Jury with conspiring to commit and possession with the intent to distribute and distribution of more than fifty (50) grams of crack, more than five (5) kilograms of cocaine, more than one hundred (100) kilograms of marijuana, and heroin, all in violation of 21 U.S.C. '841. U.S. Marshals arrested Client by entering the home of a third party, and during execution of the arrest warrant, U.S. Marshals seized a travel bag located near Client. Client made inculpatory statements to the U.S. Marshals regarding his ownership of the bag. A subsequent search of the bag produced a stolen firearm, ammunition, miscellaneous drug paraphernalia, and a pocket digital scale. A Motion to Suppress the bag and its contents as well as the statements were filed, arguing in part that Client's statements were the product of a custodial interrogation and therefore in violation of client's constitutional rights as enunciated in Miranda. MOTION TO SUPPRESS STATEMENTS GRANTED. Middle District of Pennsylvania, Federal Court, June 10, 2005.



Client was charged with Furnishing Alcohol to Minors and Corruption of Minors after Client was seen with his underage girlfriend at a restaurant. Witnesses allegedly saw an alcoholic beverage in the girlfriend's hand. Client's tab showed purchase of two such drinks. At the preliminary hearing, witnesses admitted that they never saw Client provide alcohol to the minor. CHARGES DISMISSED; Centre County, April 13, 2005.



Client was charged with Furnishing Alcohol to Minors. Client hosted a keg party at his apartment and invited persons over the age of 21. Minors were present at the party. Officers cited one minor as he left the party for underage drinking. The minor admitted to being uninvited and unannounced at the party. After the preliminary hearing, defense counsel filed a petition for a Writ of Habeas Corpus and successfully argued that client had not knowingly and intentionally furnished alcohol to a minor. CHARGES DISMISSED; Centre County, March 30, 2005.



Client was charged with Furnishing Alcohol to Minors after Client hosted a keg party. Officers arrived at Client's apartment complex, and observed a group of people that they knew were under the age of 21. The minors informed officers that they had attended Client's party. One minor stated that no one at the party requested to see his photo identification or denied him admittance. The minor allegedly poured himself three or four cups of beer. At the preliminary hearing, defense argued client did not knowingly and intentionally@ furnish liquor to a minor. CHARGES DISMISSED; Centre County, March 2, 2005.



Client was charged with DUI Incapable of Safe Driving and exceeding maximum speed limits. Using Radar Pennsylvania State Police stopped client's vehicle for traveling 65 mph in a 45 mph zone at 12:38 a. m. Trooper smelled a strong odor of alcohol about the client, and noticed client's bloodshot and glassy eyes. Preliminary Breath Test showed a Blood Alcohol Content of.158%. Client refused chemical testing of blood. At the Preliminary Hearing the defense argued a routine traffic stop without more was insufficient to prove even a prima facie case of Incapable of Safe Driving. CHARGES DISMISSED; Centre County, February 16, 2005.



Client was charged with DUI Incapable of Safe Driving and DUI with BAC over.16%. Client's vehicle struck a curb and became airborne on US Route 322. A tipster called police and reported the incident. The tipster followed client to her home and met the police officer. Client's BAC was.174%. After a trial by jury, client was ACQUITTED of the most serious DUI charge thereby avoiding a jail sentence of 90 days to 5 years and an 18-month loss of client's drivers license. JURY VERDICT; Centre County, January 17, 2005.



Client was charged with DUI and driving at unsafe speeds. Client's vehicle crossed center lane and was involved in a head on collision. Commonwealth attempted to introduce evidence of the BAC at the Preliminary Hearing having tested blood plasma and not whole blood as required by Pennsylvania Law. The defendant successfully challenged the admissibility of the BAC. CHARGES DISMISSED; Centre County, December 22, 2004.



Client was charged with two counts each of delivery of marijuana, possession with intent to deliver, possession, and criminal use of a communication facility. Under the direction and control of the Region IV Drug Task Force, a criminal informant purchased 2 ounce of marijuana or two separate occasions from Client. After impeaching the credibility of the informant, the jury found the Client NOT GUILTY on all counts; Centre County, December 17, 2004.



Client was charged with Recklessly Endangering Another Person. Client's daughter was being chased by another vehicle. As the vehicles proceeded towards Client's home, Client retrieved and loaded a shotgun. After the vehicles entered Client's driveway, Client fired one shot into the air. The man approached Client and fought for control of the weapon. A fight ensued and shots were fired. CHARGES DISMISSED; Centre County, October 13, 2004.



Client was charged with DUI and exceeding maximum speed limits. Client squealed the tires when exiting a parking garage at 2:23 a.m. A police officer timed the vehicle using a VASCAR PLUS speed-timing device and initiated a traffic stop. The client's BAC was.156%. With expert testimony defense successfully argued that officers VASCAR timing was unreliable and the officer, therefore, lacked legal cause to initiate a traffic stop. EVIDENCE SUPPRESSED; Centre County, October 5, 2004.



Client was charged with DUI and failure to use required signals. Client was traveling at 3:27 a. m. when the Pennsylvania State Police initiated a traffic stop alleging that the client failed to use a turn signal while changing lanes. The client's BAC was.188%. After a detailed inspection of the subject roadway, including obtaining a videotape traffic analysis, we successfully argued the Trooper lacked probable cause to initiate a traffic stop as the turn signal violation was a de minimis violation of the motor vehicle code that did not provide sufficient basis for a traffic stop. EVIDENCE SUPPRESSED; July 30, 2004.



Client was charged with involuntary deviate sexual intercourse, rape, incest, indecent assault, corruption of minors, and endangering welfare of children, for events that allegedly occurred between Client and his thirteen year old nephew. The case proceeded to trial, and the jury returned a verdict of NOT GUILTY on all counts; Centre County, July 19, 2004.



Client was charged with burglary, criminal trespass, sexual assault, indecent assault, harassment, and stalking. In a pre-trial motion, defense argued that prosecution of Client was in violation of 18 PS '110, which requires the government to file all charges arising from a criminal episode in one prosecution. The Court dismissed the criminal trespass charge but denied the remainder of the relief sought by defense counsel. Counsel filed a Motion for Reconsideration, and the Court granted the relief sought in its entirety. CRIMINAL INFORMATION QUASHED; Centre County, September 9, 2003.



Client was charged with Possession of a Controlled Substance with Intent to Deliver, Possession of a Controlled Substance, Possession of Drug Paraphernalia. The Pennsylvania State Police located an abandoned vehicle on SR322 with its lights on and a door open. Police returned to the scene and found Client asleep in the driver's seat. Client was bleeding, and pants appeared dirty and wet. Client was placed in rear of police cruiser until while awaiting arrival of ambulance. A Trooper questioned Client for roughly 25 minutes until the ambulance appeared. A search of the vehicle produced the following: 380 pills, one bundle of suspected marijuana, and over $31,000. Client's statements were taken in violation of Miranda and then included in the Affidavit of Probable Cause to obtain a search warrant for the vehicle. The Court held that absent Client's statements, the Officers lacked probable cause to search the vehicle. The money seized by the Officers was returned to Client. EVIDENCE SUPPRESSED; Centre County, January 8, 2003.



Client was charged with DUI and careless driving. At approximately 2:50 a.m., a State Police Trooper observed Client's vehicle turn into a private driveway and stop. The Trooper drove past the parked vehicle and then saw Client back out of the driveway and proceed north. The Trooper turned off the roadway, waited for Client's vehicle to pass, and then followed Client's vehicle. Client turned into another private driveway, at which point the Trooper activated his emergency lights and effectuated a traffic stop. Trooper could not articulate any violation of the motor vehicle code and the stop was, therefore, unlawful. Defense counsel then brought a pre-trial motion. EVIDENCE SUPPRESSED; Mifflin County, April 23, 2001.


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Disclaimer: The above case summaries do not mean to suggest that the attorneys of Masorti & Sullivan have won every case against the Commonwealth during the same period. The summaries provided here intend only to show that the firm of Masorti & Sullivan, Attorneys at Law, has extensive litigation experience.