Criminal Defense
When can negative prior acts evidence be used against a defendant in a criminal case?
May 20, 2022(And why you need diligent counsel to represent you)
The district attorney’s office has several advantages in any criminal case. They have immense discretion, vast resources, and the benefit of several evidentiary rules. Among those rules is Pennsylvania Rule of Evidence 404(b), which allows the limited use of “prior bad acts” evidence against defendants in criminal cases. In some cases, that rule allows the prosecutor to tell the jury about other bad things the defendant supposedly did—even if they were never charged or convicted.
When can prosecutors use prior bad acts evidence?
What is a Preliminary Hearing and What Happens After a Preliminary Hearing Is Waived?
November 11, 2021The meaning and impact of legal terms are often foreign to most people who have been charged criminally in Pennsylvania.
For instance, following an arrest or interaction with law enforcement, a defendant may receive in the mail documentation from a Magisterial District Court noting the date and time for a Preliminary Hearing, which requires his or her presence. No other details are provided.
So, the first question the accused asks is, “What is a Preliminary Hearing?” It is probably the most frequently asked question among defense attorneys when first speaking with their respective clients.
In short, a Preliminary Hearing is a procedural safeguard for defendants, requiring the Commonwealth of Pennsylvania, through the charging county’s Office of the District Attorney, to establish that there is enough evidence to proceed with the matter to the Common Pleas court level. The burden is on the Office of the District Attorney to establish a prima facie case against the accused, which consists of two components: (1) sufficient evidence that a crime has been committed, and (2) sufficient evidence that the accused committed the crime.
The Effect of a Prior ARD DUI On Subsequent DUIs
October 12, 2021The recent legal turmoil around the legal effect of a prior driving-under-the-influence (DUI) charge for which a driver completed the accelerated rehabilitative disposition (ARD) program continues. In this latest turn, the prosecutors’ attempted workaround catches the criticism of the Superior Court in Commonwealth v. Richards, 1673 EDA 2020 (memorandum decision).
Well-Established Lancaster-Based Law Firm Adds Two Attorneys to Its Ranks, Expanding to Meet Legal Needs in Susquehanna Valley
July 27, 2021Pyfer Reese Straub Gray & Farhat PC is pleased to announce that we’ve expanded our Team to include family law and criminal defense attorney Anthony Knabb diDonato and family law and wills and estate/probate attorney Megan H. Herr. This additional staff is part of our strategic growth plan to best serve the legal needs of both Lancaster and York county residents as well as surrounding communities.
Both professionals bring unique experience and expertise, bolstering our ability to serve clients in Lancaster, Willow Street, York, Ephrata, and the surrounding areas.
Can I Still Get Charged with a DUI if I have Medical Marijuana Card?
March 15, 2021Yes. If you are pulled over and have a medical marijuana card, that card does not prevent the police from charging you with driving under the influence.
If the police have probable cause to stop you on suspicion of DUI, they can require a blood test. Any person who drives in Pennsylvania implicitly consents to chemical tests to determine the presence of a controlled substance if required by the police.
DOUBLE JEOPARDY AND COMPULSORY JOINDER RULES
June 6, 2019Supreme Court of Pennsylvania: The Commonwealth may not prosecute other crimes after disposition of related summary charges.
Once the courts dispose of summary offenses, police cannot go forward on other charges from the same criminal episode. The Pennsylvania legislature’s double jeopardy and compulsory joinder rules stop the Commonwealth from prosecuting misdemeanor and felony charges after a verdict on related summary offenses.
In Philadelphia, police charged a man with driving without his lights on and three counts of driving under the influence. The Municipal Court found him guilty of driving without his lights. He, later, moved to dismiss his DUI charges because they were barred by the Pennsylvania double jeopardy rules. The trial court agreed and dismissed the charges. Commonwealth v. Perfetto, ___ A.3d ___, 7 EAP 2018 at pp. 4-6 (Pa. 2019).
Christopher M. Patterson, Criminal Defense Attorney, becomes Of Counsel
January 13, 2016Attorney Patterson has become of counsel with Pyfer Reese Straub Gray & Farhat PC as of January 1, 2016. He joins attorneys Robert H. Reese, Jr., Esquire, and Heather L. Adams, Esquire, in our office to continue providing our clients superior representation in our criminal law practice.
Christopher M. Patterson has over 38 years of experience with the criminal justice system. He focuses his practice on defending clients against all types of criminal charges: Felony, Misdemeanor and Summary Offenses. He has represented clients in State Courts throughout Southeastern Pennsylvania and in Federal Court. He is committed to providing the highest quality legal services. His goal in representing clients is to protect their rights, and vigorously defend their cases to achieve the best possible outcomes. He is an experienced trial attorney and will provide our clients with aggressive representation. He has appeared before the Professional Licensing Boards, the Pennsylvania Board of Pardons, Liquor Control Board and PennDOT.
Being arrested and charged with a crime is a traumatic and frightening experience. It can lead to emotional stress, loss of employment, financial penalties and jail. If you are under investigation for a crime, or have been arrested, you need qualified and experienced counsel.
Attorney Patterson, as well as Attorneys Reese and Adams in our firm, handle each case personally, from initial consultation to conclusion. Every client receives the same attention to detail whether they are an individual or a corporation, public official or private person. Each case is thoroughly researched and investigated. Our attorneys Reese, Patterson and Adams treat every client with respect and compassion. Each has earned a reputation among their clients and the legal community for providing thorough and competent legal representation. They will zealously and ethically advocate for you.
If you are under investigation for a crime, or have been arrested, you need qualified and experienced counsel. Don’t take chances. You only get one opportunity to fight for your rights, so let an experienced and knowledgeable trial lawyer guide you through the complexities of our legal system. Among other areas, our criminal law attorneys handle assault, theft, burglary, homicide by vehicle, drug possession, PWID, DUI/DWI, BUI, DUS, pardons, expungements.
Attorney Patterson is a general member of the National College for DUI Defense.
