by Marc Neff
PHILADELPHIA JUDGE RULES DEFENDANT NOT IN VIOLATION OF IMPLIED CONSENT, OVERTURNS LICENSE SUSPENSION
All licensed drivers in Pennsylvania are subject to the state’s Implied Consent law, which states: “Any person who drives, operates, or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood, or urine for the purpose of determining the alcoholic content of blood or the presence...
by Marc Neff
U.S. SUPREME COURT RULES ABSENT WITNESSES CANNOT HAVE TESTIMONY ADMITTED
Last week, the United States Supreme Court ruled that an absent witness’ testimony cannot be admitted to prove a defendant’s guilt, unless the defendant engaged in acts of misconduct specifically intended to procure the absence of the witness. The criminal justice system has never imposed a duty on a defendant to help the prosecution in proving his or her guilt; however, a defendant has an...
by Marc Neff
ATTORNEY-CLIENT PRIVILEGE BILL EXPECTED TO PASS U.S. SENATE VOTE WITH EASE
Recently, a piece of legislation which would make it illegal for federal prosecutors to order companies to turn-over privileged documents as part of a cooperation agreement, passed a U.S. House of Representatives vote; and now is backed by a dozen U.S. senators, 32 former federal prosecutors, and coalitions such as the ACLU. The practice of federal prosecutors obtaining privileged information...
by Marc Neff
UNITED STATES SUPREME COURT MAKES FIRST EVER RULING REGARDING SECOND AMENDMENT RIGHTS
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”. This, the wording of the Second Amendment to the United States Constitution, has caused great debate throughout our country’s history. In efforts to reduce high rates or crime and to promote safety, many laws have been passed in an attempt to...
by Marc Neff
FORMER PHILADELPHIA EAGLE JEVON KEARSE VIOLATES IMPLIED CONSENT LAW
Jevon Kearse, formerly of the Philadelphia Eagles and now a member of the Tennessee Titans, was arrested over the weekend on the campus of Vanderbilt University, charged with Driving Under the Influence and Violating Tennessee’s Implied Consent Law. Kearse was stopped by campus police when an officer observed his vehicle swerving and traveling in excess of the 30 mile per hour speed limit on...
by Marc Neff
PHILADELPHIA AREA THEFTS TIED TO NATIONWIDE VICTORIA’S SECRET “PANTY-RAID”
Pennsylvania State Police arrested four men this past weekend, accused of running an interstate theft ring which stole between $600,000 and $1,000,000 from nationwide Victoria’s Secret retail stores. Three men were arrested in Media, PA, outside of the Granite Run Mall when police were notified of a theft reported by Victoria’s Secret employees. Police, who had responded the previous week to...
by Marc Neff
R. KELLY NOT GUILTY IN CHILD PORNOGRAPHY TRIAL
Seven hours was all it took for a jury to acquit singer R. Kelly of 14-counts of child pornography, a verdict six-years in the making. Kelly was accused of videotaping a sexual encounter with a female who allegedly was 13-years old at the time. Both Kelly and the now 23-year old victim each denied their alleged participation in the video. Defense attorneys also argued that the man in the...
by Marc Neff
DRUNK DRIVER SENTENCED TO 56 YEARS IN PRISON
A West Virginia circuit court judge recently sentenced a habitual drunk driver to up to 56-years in prison. Brian Stone was convicted on 14 misdemeanor counts and 12 felony counts of drunk driving and related offenses, and was sentenced to 14-years in a regional jail, to be followed by 27-56 years in a state penitentiary. He was also fined $64,000. Mr. Stone’s involvement in an accident,...
by Marc Neff
BUSINESS OWNER, PHYSICAL THERAPIST INDICTED ON FEDERAL HEALTH CARE FRAUD SCHEME
A Massachusetts rehabilitation center owner and one of his employees were indicted last week on charges of health care fraud and conspiracy to launder money. The owner of Premium Care Physical Therapy and a physical therapist were indicted by a grand jury, and allegations assert that five health insurance companies were scammed in a fraudulent scheme since 2002. The pair is accused of...
by Marc Neff