Category: Criminal Defense

Apr
27
2018

FIREARM RIGHTS RESTRICTED DUE TO MEDICAL MARIJUANA CARD

Obtaining a license to use medical marijuana prevents an individual from lawfully possessing a firearm. This can come as a shock to residents of Pennsylvania- which has recently enacted legislation permitting the possession and use of medical marijuana for serious medical conditions. However, the federal government has not legalized marijuana in any form, and the […]

Dec
28
2017

Firearms Possession: Are you a prohibited person?

Anyone convicted of a felony is prohibited from firearms possession but did you know… In Pennsylvania, you can be prohibited from firearms possession if you have been convicted of any of the enumerated offenses found under Title 18, section 6105(b). Additionally, section 6105(c) outlines offenses that prohibit an individual from possessing a firearm, including driving […]

Apr
26
2017

Fines/Restitution paid by Defendant ordered returned

Due process requires the return of money paid towards fines, costs and restitution follow a Defendant’s successful appeal where prosecution declines to retry the case. In Nelson v. Colorado, at issue was a Colorado case in which the defendants were convicted, but those convictions were reversed on appeal. When the prosecution decided not to retry […]

Mar
07
2017

Is Petit Larceny in NY equal to Retail Theft in PA?

Every retail theft is a petit larceny, but not all petit larcenies are retail thefts… On March 1, 2017, the Superior Court issued a ruling in a matter of first impression- that being whether an individual’s prior convictions for petit larceny in New York constitute prior offenses for determining the proper grading for the offense […]

Feb
15
2017

Procedure for Mental Health Commitment Expungements Clarified

For individuals who have been subjected to an involuntary mental health commitment under the Mental Health Procedures Act, there may be collateral consequences of that commitment. First of all, such a commitment prevents an individual from possession of or purchase of a firearm. Secondly, the record may become available in the even the individual applies […]