Louis W. Emmi attorney at law Compassionate and dedicated legal services

June 2017 Archives

Pennsylvania criminal defense may face expanded role of DNA

Lawmakers on the lookout for new ways to fight crime may feel compelled to support proposals that promise sweeping protections for society. In Pennsylvania, a bill has just moved to the Senate after the House approved it with a 157 to 32 vote. Writers of the bill expect the new law to reduce violent crime and protect the innocent from false accusations. However, some criminal defense and civil rights advocates feel the bill goes too far.

Criminal defense tries to avoid first-degree murder conviction

A criminal homicide case represents perhaps the greatest challenge to Pennsylvania defense attorneys in terms of the absolute focus and commitment demanded to effectively defend the matter. Total immersion in the facts and attention to detail is required. Where guilt is overwhelming, or where the criminal charge may be reduced to a lesser offense, a criminal defense attorney's experience and track record of dealing with prosecution attorneys in the past may be a determinative factor in getting a favorable resolution.

Criminal defense in murder case requires intensive investigation

When a suspect is arrested days or weeks after the main perpetrators have been charged with a crime in Pennsylvania, defense counsel must carefully investigate to verify the facts that occurred. In some cases, accused suspects already in custody will provide the names of unrelated individuals simply to obtain preferred treatment by the police and prosecutors. An experienced criminal defense counsel will be attuned to discovering such travesties before they get ingrained into the prosecution's settled presentation of the case.

Family law decisions are not reflected in cable TV reality shows

The cable television soap opera called "Teen Mom 2" is filled with separations, divorces, marriages and custody battles. The program, however, should not be used as a real-life guide to these matters, whether one lives in Pennsylvania or another state. In family law cases, the adventures of reality television stars are not good signposts to determine how to measure one's own strategies, lifestyles or actions.

Drunk driving dismissal does not save truck driver's license

Pennsylvania DUI laws require that an individual who refuses to take a blood-alcohol test is subject to a mandatory loss of his or her driver's license for one year. For a commercial truck driver in that predicament, the driver will also lose his or her commercial license forever, according to a recent Commonwealth Court decision. The appellate decision has a couple of interesting legal issues with respect to Pennsylvania's drunk driving laws and pertaining to its administrative laws regarding license suspensions.

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