Law Offices of Marc Neff
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Monthly Archive: November 2009

November 20, 2009

Consecutive Sentences for Multiple Victims Upheld, No Mitigation without Justification on Record

The Superior Court of Pennsylvania decided the case of Commonwealth v. Garcia-Rivera earlier this month, in which Melvin Garcia-Rivera had entered an open plea of guilt and was sentenced to two counts of involuntary manslaughter. Garcia-Rivera was charged in connection with a motor vehicle accident in which his two passengers were killed. The standard sentencing guideline for involuntary manslaughter is nine (9) to twenty-three (23) months imprisonment, which is increased or decreased based on aggravating or mitigating circumstances respectively. Garcia-Rivera entered an open guilty plea...

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Posted in: Misdemeanor / Felony Crimes

November 16, 2009

Attorneys Not Subject to Criminal Penalties under Federal Money Laundering Statute

The United States Court of Appeals for the Eleventh Circuit held attorneys cannot be penalized criminally for accepting tainted money from clients, under a Federal money laundering statute. The Federal statute, 18 U.S.C. § 1957, excludes “any transaction necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment to the Constitution” from criminal penalties associated with money laundering; knowingly engaging or attempting to engage in a monetary transaction in criminally...

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Posted in: Uncategorized

November 12, 2009

Police Cannot Prolong Investigations for Purpose of Increasing Potential Penalties

The Pennsylvania Superior Court decided the case of Commonwealth v. Smith lat month, remanding the case back to the trial court in order to determine proper sentencing. Smith was arrested and charged with four counts of possession of cocaine, four counts of intent to deliver cocaine, and three counts of delivery of cocaine. The arrest occurred following a prolonged police investigation, during which the defendant, Smith was observed committing four separate narcotics transactions. Smith was sentenced in the Court of Common Pleas, Allegheny County, to seven to fourteen years imprisonment, in...

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Posted in: Drug Crimes