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
Facing Drug Charges in Philadelphia? – What to Know About Pennsylvania Search & Seizure Law
Every day, residents of Philadelphia are arrested and charged with drug crimes and related gun offenses. The penalties may be quite severe. Jail and prison time may result, especially for a Possession with Intent to Deliver conviction or where the accused has a prior criminal record. In addition to a possible jail or prison sentence, drug convictions in PA often result in loss of a driver’s...
by Marc Neff
When Does a Traffic Stop End?
The Superior Court of Pennsylvania recently held that it was proper to suppress evidence obtained through an unlawful traffic stop. Tam Thanh Ngyuen was a passenger in a car that was pulled over for traveling 73 MPH in a 55 MPH zone. The officer approached the driver and initiated a traffic stop. After obtaining the driver’s license and registration from the driver, he asked the driver to exit...
by Marc Neff
Pass the Trash Act Aims to Protect Children in Schools
The new “Pass the Trash” act went into effect on December 21, 2014. This new act greatly increased the steps involved in hiring those who might be deemed to have “direct contact with children”. Those most impacted by this Act are schools and contractors for schools who have “direct contact with children”. Direct contact with children can be defined as “the possibility of care, supervision,...
by Marc Neff