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Misdemeanor / Felony Crimes

September 26, 2008

Pennsylvania Superior Court Holds that Acceptance into ARD Program Constitutes a Conviction for Sentencing Purposes on Subsequent Offenses

The Pennsylvania Superior Court recently upheld a conviction for a second Driving under the Influence offense, appealed by a minor who argued that his acceptance into an Accelerated Rehabilitative Disposition (ARD) program did not constitute a prior conviction. William Joseph Love, a minor, was charged with DUI, DUI as a minor, and careless driving in February of 2006. In June of 2006, the Commonwealth accepted Love into the ARD program; a one-time program similar to probation where if the offender satisfies all of the criteria set forth, criminal charges will be expunged from their record....

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September 25, 2008

Pennsylvania Mayors Pledge to Enact Strict Gun Laws

Philadelphia Mayor Michael Nutter enacted controversial gun laws in the city, earlier this year, three of which were upheld as constitutional by Common Pleas Court Judge Jane Cutler-Greenspan. The laws, which are stricter than Pennsylvania State gun laws, require gun owners to report lost or stolen guns within 24-hours of discovering their disappearance, impose criminal penalties for failing to do so, and also restrict unstable individuals and individuals subject to an order of protection from owning guns. Following...

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August 28, 2008

Pennsylvania Superior Court Upholds Conviction of Attempted Murder, Despite Absence of Deadly Weapon

A man convicted of attempted murder of a police officer, and aggravated assault in relation to others, recently had his convictions upheld by the Pennsylvania Superior Court. Edmond Jackson was convicted on charges of attempted murder and aggravated assault, stemming from a shooting in Philadelphia, Pennsylvania in 2004. Police officers were investigating a shooting which had occurred earlier in the day of the incident, when Jackson and others approached the officers and the people they were questioning. Jackson and the other men were armed and began shooting at the officers and civilians....

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August 20, 2008

Pennsylvania Man Given Permission to Enter ARD Program, Despite Being Convicted of a Prior Felony Which was Expunged

A recent Pennsylvania Superior Court decision upheld a ruling by the Court of Common Please, York County, allowing a defendant with a prior felony conviction to enter an Accelerated Rehabilitative Disposition (ARD) Program; following his arrest for Driving Under the Influence. Brian Fleming was arrested and charged with two counts of Driving Under the Influence and a summary traffic offense in March of 2007. He applied for acceptance into the ARD program, which is a program for first-time offenders who would like to...

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August 18, 2008

Recorded Phone Conversation Ruled Inadmissible in Pennsylvania Sex Abuse Case

The Superior Court of Pennsylvania recently upheld a Trial Court’s decision that a taped phone conversation between a child and her alleged abuser was inadmissible at trial. David Deck, a resident of Cumberland County, was charged with statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, indecent assault, and sexual abuse of children, when the child accusing Deck of the abuse gave police a tape-recorded phone conversation between the two parties. Deck was living with his girlfriend and her minor daughter, who claimed that Deck was sexually abusing...

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