Blog

by Marc Neff

Third Circuit Rules Senator’s Acts Not Protected

U.S. Senator Robert Menendez was indicted by a grand jury for soliciting and accepting gifts from friend Dr. Salomon Melgen in exchange for influencing an enforcement action against Melgen for Medicare overbilling, and intervening on Melgen’s behalf in a contract dispute between Melgen and the Dominican Republic. Menendez also failed to disclose reportable gifts from Melgen, as required by the...

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...