by Marc Neff
Third Circuit Says Government Can’t Infringe upon the Right of Allocution (U.S. v. Jason Moreno)
From July 2005 to November 2007, the defendant (Moreno) was an appraiser in a mortgage fraud scheme who for payment provided inflated appraisals to other scheme members. He also acted as broker, buyer, or seller in other fraudulent transactions. A federal jury convicted him of multiple counts of wire fraud and conspiracy to commit wire fraud. After receiving a 96-month prison, he appealed to...
by Marc Neff
A defendant who is convicted for committing federal sexual exploitation and child pornography crimes and who pays criminal restitution to the victim can be sued in a civil action by the victim for damages for the same offense (under 18 U.S.C. Sec. 2225)
The plaintiff-appellant (“Doe”) was adopted by the defendant-appellee (“Mancuso”) when she was five years old. During the next five years, the Mancuso sexually abused her, photographed and videotaped the acts, and distributed the media in internet chat rooms. He was investigated and eventually arrested. Under a plea agreement, he pled guilty to the charge of sexual exploitation, and the...
by Marc Neff
Arizona’s Highest Court Resolves Questions regarding DUI Convictions of Medical Marijuana Users (Dobson v. McClennen, 238 Ariz. 389 (2015))
The two petitioners were each charged with and convicted of two counts of driving under the influence: first, driving while impaired to the slightest degree under ARS Sec. 28-1381(A)(1); and second, driving while any amount of an impermissible drug or its metabolite is in the body under ARS Sec. 28-1381(A)(3) (emphasis added). Arizona’s DUI laws identify these as separate offenses. The trial...
by Marc Neff
Pennsylvania Courts Uphold Institutional Sexual Assault Statute as Applied to Teachers’ Aide and 18 Year Old Student
A teacher’s aide who worked at a high school and admitted to engaging in sexual activities with an 18-year old male student was unsuccessful in her appeal of the trial court’s judgment of sentence. Appellant asserted that section 3124.2(a.2)(1) of the Commonwealth’s institutional sexual assault statute was both unconstitutionally vague and unconstitutionally overbroad. The court rejected both...
by Marc Neff
Philadelphia DUI Arrests & Challenges to the Case. By a criminal attorney in Philadelphia
DUI Arrests in Philadelphia Driving under the influence (DUI) or driving while intoxicated (DWI) cases are among the most common criminal cases in Philadelphia. These cases are often complex, as they usually involve issues related to the constitutionality of the initial traffic stop and lab tests proving blood alcohol concentration (BAC). DUI Sentencing in Pennsylvania Sentencing for DUI...
by Marc Neff
Sentences for Possession of a Controlled Substance with Intent to Deliver (PWID) in Philadelphia
Sentences for Possession of a Controlled Substance with Intent to Deliver (PWID) in Philadelphia Under Pennsylvania law, individuals who are facing charges for Possession of a Controlled Substance with Intent to Deliver often face stiff penalties including prison sentences. As a general rule, the severity of the sentence depends on several important factors: nature and quantity of the drugs...
by Marc Neff
Common Criminal Cases in Philadelphia (State Court)
1. Drug Cases – The Controlled Substance, Drug, Device and Cosmetic Act Drug cases are among the most common types of criminal cases in Philadelphia. Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (Act) defines drug possession offenses. See 35 Pennsylvania Statutes § 780-113. Common offenses under the Act include Possession of a Controlled Substance and Possession...
by Marc Neff
Drug Trafficking Charges in Pennsylvania – Criminal Defense
Attorney Marc Neff routinely handles complex drug trafficking prosecutions including large scale manufacture or distribution cases including the manufacture or distribution of large amounts of cocaine, heroin, etc. Drug trafficking charges may be prosecuted under state or federal laws. In most drug trafficking cases, state or federal, the defendant faces a mandatory minimum prison sentence. A...
by Marc Neff
Possession with Intent to Deliver Charges in Philadelphia: Pennsylvania Drug Dealing Law
Possession with Intent to Deliver (PWID) or drug dealing charges are one of the most common criminal cases in Philadelphia. If you’re facing a PWID or drug dealing charge in Philadelphia, it is important to know and understand the law and how it applies to your case. Below is a discussion of drug dealing laws in Pennsylvania and how these cases are commonly handled. Pennsylvania PWID Law The...
by Marc Neff