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July 21, 2016

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 government dismissed the possession of child pornography charge. He also agreed to pay “mandatory...

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June 14, 2016

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 court denied their motions to present their state-issued medical marijuana cards as evidence. The state...

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Posted in: Driving under the influence (DUI), Drug Crimes

June 1, 2016

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 assertions. Appellant was convicted of...

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Posted in: Sex Crimes & Abuse Allegations, Uncategorized

November 4, 2015

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 convictions in Pennsylvania depends on two factors: 1. the actual BAC level, and 2. the number of prior DUI offenses, if any. In general, the higher the BAC, the more severe the...

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Posted in: Driving under the influence (DUI)

September 23, 2015

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 involved,
  • presence of aggravating factors, and
  • prior criminal record.
Related:

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Posted in: Drug Crimes