Philadelphia Criminal Defense Lawyer Blog

Published by Philadelphia, Pennsylvania Criminal Defense and Fraud Defense Attorney Marc Neff

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  • Seventh Circuit Reiterates the Importance of a Suspect Invoking Right to Counsel
  • Another Strong Affirmation of the Fourth Amendment’s Protections
  • Supreme Court of the United States says: The Holding of Padilla v. Kentucky Will Not Apply Retroactively
  • Police Need Probable Cause to Seize Someone Who Has Left The Immediate Vicinity of a Place Where a Search Warrant is Being Executed
  • Third Circuit Rules that Contraband Found in Shared Cell is Sufficient to Warrant Loss of Good Time Credits
  • Police Can Record Video Inside Your Home Without A Warrant
  • Court Grants Motion to Suppress Based on Warrantless Search Where No Exigent Circumstances Existed
  • What You “Need to Know” to Help Make Meth
  • Maximum Term on Revocation of Supervised Release Is Based on Class of Underlying Felony at the Time of the Offense
  • No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range
  • Court Finds Proof of Witness Tampering Insufficient
  • Sentence Procedurally Unreasonable Where Court Failed to Address Variance Argument
  • Unprovoked Flight, Without More, Cannot Elevate Reasonable Suspicion to Detain and Investigate into the Probable Cause Required for an Arrest
  • Second Circuit Holds that Certain Acts Involving Children are not Relevant Conduct for Sentencing Purposes
  • Third Circuit Holds that Trial Judge Should Have Reviewed Video Evidence in Child Pornography Case Before Allowing Submission of the Tapes to the Jury
  • Third Circuit Rules Unlicensed Distribution of Prescription Drugs Not an “Aggravated Felony”
  • If Police Prevent Your Car From Legally Moving, They Have Seized You
  • Fourth Circuit Holds that Money Laundering Applies to the Profits of Crime, Not the Expenses
  • Fourth Circuit Finds No FBAR Penalty Exceptions for Voluntary Disclosure and Plea Bargains
  • Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes
  • Child Pornography Sentence Vacated
  • Pennsylvania Court Considers the Standard of Proof Required for Online Child Abuse Registry
  • Court of Appeals for the Third Circuit Upholds Defendant’s Classification as a “Career Offender”
  • 5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case
  • 3rd Circuit Rules That Tip From Reliable Source Plus Dark Window Tint Does Not Provide Reasonable Suspicion to Stop and Search a Vehicle
  • New Jersey Residents Do Not Give Up Their Expectation of Privacy When Hosting Large House Parties – Even When Violating Noise Ordinances
  • Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn't Mean Possession
  • Third Circuit Rules that Federal Sentencing Enhancement for Possessing a Firearm While Committing A Felony Applies – Even When the Felony is the Burglary of the Same Firearm
  • Employee Who Used Work Computers to Steal Trade Secrets Secures Dismissal of Charges
  • 5th Circuit Holds that a Defendant’s Confession to Harboring Illegal Aliens Can Be Suppressed Where ICE Agents Violated the Fourth Amendment
  • Supreme Court Approves Strip Searches, Even For Minor Offenses
  • Third Circuit Court of Appeals Rules That Second Amendment Protections Are Limited for Gun Owners Who Live With Convicted Felons
  • Arkansas Supreme Court OK’s Sex Between Teachers and 18-Year Old Students
  • 3rd Circuit Upholds 30-year Sentence in Child Pornography Case
  • Supreme Court Reiterates the Duty of the Prosecution to Disclose All Potentially Exculpatory Evidence
  • Defendant in Child Pornography Case Ordered to Pay Restitution to Child Depicted in One of His Images
  • Police Must Have Probable Cause that a Crime is Being Committed in Order to Seize a Vehicle While Waiting to Obtain a Search Warrant
  • Fourth Amendment Protects Homes From Warrantless Drug Dog “Sniff Tests”
  • Fifth Amendment Protects Defendant’s Refusal to Produce Encrypted Computer Files
  • Pennsylvania Spousal Privilege Against Testifying Applies Even to a “Collusive Marriage”
  • Superior Court of Pennsylvania Rules that Prosecution Cannot Use a Defendant’s Silence to Prove That He is Guilty of Murder
  • Coach who Taped His Female Wrestlers Weighing In on a Scale Is Guilty of Attempted Sexual Exploitation
  • Defendant’s Child Pornography Conviction Overturned Where Other People Had Equal Access to the Computer Used to Download the Pornography
  • PA Superior Court Rejects Random Searches of Home as Condition of Probation
  • Ninth Circuit: Deleted Computer File Not Enough For Child Porn Conviction
  • Third Circuit Upholds Warrant in Child Pornography Case
  • PA Supreme Court Finds Search of Woman’s Purse Unreasonable
  • Third Circuit Criticizes Child Porn Sentencing Guidelines
  • Peer-to-Peer Networks Remain Target of Child Pornography Investigations
  • “Mini-Madoff” Sentenced to 14 Years in Prison
  • “Massive Frauds” on the Rise
  • Facebook Fraud a Serious Concern
  • Charges Dropped Against Rapper T.I.
  • Juror’s Use of iPhone Causes Mistrial in Manslaughter Case
  • New Jersey Court Throws Out State’s Fraud Suit Against Springsteen Ticket Sellers
  • Sentencing in Drug Case Vacated
  • Counsel can be Deemed Ineffective for Failing to Advise a Defendant of Collateral Consequences
  • Prosecutorial Misconduct Causes Reversal in Drug Case
  • Drunk Driving Conviction Upheld
  • US Supreme Court Holds State Employer May Investigate Employees’ Electronically Stored Data When Search is Legitimately Work-Related
  • United States Court of Appeals Hears Arguments in Two Students Cases, Suspended for “Bashing” School Officials on the Internet
  • Superior Court of Pennsylvania Upholds Act which Allows for Civil Detainment of Offenders Deemed Sexually Dangerous
  • Two Suspects Indicted In Philadelphia for Their Role in an Illegal Online Pharmacy
  • Pennsylvania Superior Court Holds that Trial Court May Impose Both Mandatory Minimum and Conditional Minimum Sentences upon a Defendant, Pursuant to State Statutes
  • Supreme Court of the United States Rules Prisoners Deemed Sexually Dangerous May Be Detained Beyond Sentence
  • United States Court of Appeals for the Third Circuit Holds No Right to Privacy When One’s Hard Drive is Installed in Someone Else’s ComputerWithout Password Protection
  • Supreme Court of the United States Holds Failure to Inform Defendant of the Potential for Deportation Prior to Entering a Plea of Guilt Amounts to Ineffective Assistance of Counsel
  • Courts Begin Cracking-Down on E-Savvy Jurors
  • No Decision yet from the Third Circuit Court of Appeals In Sexting vs. Child Pornography Case
  • Philadelphia Appellate Court Upholds Conspiracy Conviction in One Hundred Kilogram Cocaine Trafficking Case
  • Supreme Court of the United States to ConsiderTwenty Year Old Political Corruption Law
  • Serial Child Pornography Offender Sentenced to One Hundred Eighty Months Special Conditions upon Release
  • Child Pornography Victim Seeks Restitution From Those Convicted of Possessing her Images
  • Federal Courts are Split on the Imposition of Internet Bans as Penalty
  • Supreme Court of the United States Hears Arguments on the Detainment of Sexual Predators
  • Superior Court of Pennsylvania Upholds Suppression Order, Holding Pennsylvania Constitution Provides Greater Protections than Federal
  • Consecutive Sentences for Multiple Victims Upheld, No Mitigation without Justification on Record
  • Attorneys Not Subject to Criminal Penalties under Federal Money Laundering Statute
  • Police Cannot Prolong Investigations for Purpose of Increasing Potential Penalties
  • United States Court of Appeals Holds Registration and Reporting Requirements of SORNA Unconstitutional As Applied to Adjudicated Juveniles
  • Downward Departure from Sentencing Guidelines Must Result in Final Sentence Below the Original Guideline
  • Sixth Circuit US Court of Appeals Holds Inevitable Discovery Doctrine Does Not Allow for Circumvention of Warrant Requirement
  • Superior Court of New Jersey Denies Motion for Summary Judgment, Finds Employer could be Liable for Employee’s Use of Work Computer to Send and View Child Pornography
  • United States Court of Appeals Rules Delaware’ Sports Betting Plan Violates Federal Law
  • Supreme Court of the United States Holds Using Cellular Telephones to Arrange Misdemeanor Drug Purchases Does Not Constitute Facilitation
  • Superior Court of Pennsylvania Upholds Suppression Order Under Pennsylvania's Wiretap Act
  • Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension
  • Superior Court of Pennsylvania Rules the State Carries the Burden of Proof in Expungement Hearings
  • Third Circuit Court of Appeals Holds Use of an Adult Intermediary for Purposes of Child Pornography Constitutes Attempt under United States Statute
  • Third Circuit Court of Appeals Upholds Special Conditions of Supervised Release in Child Pornography Case
  • Supreme Court of Pennsylvania Affirms No Right to Counsel for DUI Chemical Testing
  • Strip Search of Child by School Officials Found Excessively Intrusive by Supreme Court
  • Supreme Court Holds Defendant has the Right to Cross-Examine Forensic Analysts in Criminal Trials
  • Supreme Court of Pennsylvania Rules Accessing and Viewing Child Pornography over the Internet Constitutes Control under Sexual Abuse of Children Statute
  • Minnesota Legislature Interprets Federal Law to Allow States to Block Internet Gambling Sites, Raising First Amendment Concerns
  • U.S. Supreme Court Rules Search of a Vehicle Following an Arrest Must be Reasonably Necessary and Related to the Offense
  • Third Circuit Follows Olhovsky Decision with another Pro-Defense Opinion in Tomko – Ruling a Lenient Sentence Is Not Unreasonable
  • Third Circuit Holds Government Contracted Psychologist May Be Subpoenaed To Testify Favorably For Defendant at Sentencing
  • United States Supreme Court to Decide Whether Videos of Dog Figting, Other Forms of Animal Cruelty, Are Protected by the First Amendment's Right of Free Speech
  • New Jersey Supreme Court Will No-Longer Require Exigent Circumstances for Police to Obtain a Telephonic Search Warrant, Defining Exigent Circumstances in the Process
  • Federal Law Prohibiting Those Convicted of Misdemeanor Domestic Violence from Possessing Firearms is Strengthened by Recent Supreme Court Ruling
  • Underage "Sexting" Now Punishable as a Sex Crime in a Growing Number of Jurisdictions
  • Supreme Court of the United States Elects Not to Hear Arguments on the Constitutionality of the Child Online Protection Act
  • Governor Rendell Calls for Legislation to Eliminate the Possibility of Parole for Repeat Offenders of Violent Crimes in Pennsylvania
  • White-Collar Fraud Expected to Increase as Recessionary Economy Continues
  • UNLIKE ROUTINE BORDER INSPECTION, REASONABLE SUSPICION REQUIRED TO SEARCH A PASSENGER’S CABIN ABOARD CRUISE SHIP
  • New Jersey Superior Court Finds Standard of Reasonable Suspicion Necessary to Search Student's Vehicle
  • Harsher Penalties for Manufacturing a Controlled Substance than Simply Possessing the Same Quantity, Upheld By Pennsylvania Superior Court
  • Pennsylvania Superior Court Rules Reliability of a Confidential Informant is a Factor when Determining Reasonable Suspicion
  • Philadelphia Teen Sentenced to 25-50 Years in Prison for Attempted Murder of Philadelphia Police Officers
  • United States Supreme Court Denies Motions of Obese Ohio Man Sentenced to Death
  • New Jersey Man Sentenced to Six-Years in Federal Prison for Role in Heroin Ring
  • Pennsylvania Superior Court Upholds Mandatory Minimum Sentence for Man Convicted on Multiple Counts of Drug Trafficking
  • New Jersey Supreme Court to Decide whether Search Warrants are Necessary in Traffic Stops
  • Pennsylvania Superior Court Holds that Acceptance into ARD Program Constitutes a Conviction for Sentencing Purposes on Subsequent Offenses
  • Pennsylvania Mayors Pledge to Enact Strict Gun Laws
  • U.S. Court of Appeals takes Broad View in NY RICO Case, Reinstates Convictions of Two Defendants
  • New Jersey Governor Amends State’s Comprehensive Drug Reform Act to Allow Discretion for Suspension of Driving Privileges
  • Pennsylvania Superior Court Upholds Conviction where Evidence of Trafficking Outweighs Expert Testimony of Personal Use
  • Corruption Trial for Pennsylvania State Senator Begins This Week
  • Pennsylvania Appellate Court Upholds Suppression of Evidence Obtained through Coercive Traffic Stop
  • Prosecutors Given New Guidelines for Investigating White Collar Crime
  • Former Philadelphia Area Camp Counselor Indicted on Charges of Child Pornography
  • Man Convicted of Sexual Assault in Philadelphia, Extradited to Idaho to Stand Trial on Additional Charges of Rape
  • Pennsylvania Superior Court Upholds Conviction of Attempted Murder, Despite Absence of Deadly Weapon
  • Pennsylvania Man Given Permission to Enter ARD Program, Despite Being Convicted of a Prior Felony Which was Expunged
  • Recorded Phone Conversation Ruled Inadmissible in Pennsylvania Sex Abuse Case
  • Pennsylvania Supreme Court Ruling Requires More than Police Experience to Constitute Probable Cause to Search Following a Perceived Drug Deal
  • Charges Filed in International Credit Card Fraud Ring
  • Scientist Believed to be Responsible for Anthrax Terror was Tracked via DNA
  • New Jersey Lawmaker Resigns amid Child Pornography Investigation
  • Professional Baseball Player Charged with Felony Assault for Involvement in On-Field Brawl
  • United States Court of Appeals Upholds Ruling that Child Online Protection Act is Unconstitutional
  • Pennsylvania's DUI Laws Apply to More Than Just Motor Vehicles
  • Philadelphia Youth Suspected of DUI and Vehicular Homicide Hurts His Defense with MYSPACE Page
  • Philadelphia and New York City Defrauded of Thousands of Dollars
  • Philadelphia to Begin Enforcing Law Requiring the Reporting of Lost Firearms
  • Mortgage Fraud Increase Leads to FBI Crackdown
  • MONEY LAUNDERING CASES NOW POSE GREATER BURDEN FOR PROSECUTION
  • PHILADELPHIA JUDGE RULES DEFENDANT NOT IN VIOLATION OF IMPLIED CONSENT, OVERTURNS LICENSE SUSPENSION
  • U.S. SUPREME COURT RULES ABSENT WITNESSES CANNOT HAVE TESTIMONY ADMITTED
  • ATTORNEY-CLIENT PRIVILEGE BILL EXPECTED TO PASS U.S. SENATE VOTE WITH EASE
  • UNITED STATES SUPREME COURT MAKES FIRST EVER RULING REGARDING SECOND AMENDMENT RIGHTS
  • FORMER PHILADELPHIA EAGLE JEVON KEARSE VIOLATES IMPLIED CONSENT LAW
  • PHILADELPHIA AREA THEFTS TIED TO NATIONWIDE VICTORIA’S SECRET “PANTY-RAID”
  • R. KELLY NOT GUILTY IN CHILD PORNOGRAPHY TRIAL
  • DRUNK DRIVER SENTENCED TO 56 YEARS IN PRISON
  • BUSINESS OWNER, PHYSICAL THERAPIST INDICTED ON FEDERAL HEALTH CARE FRAUD SCHEME
  • BUFFALO BILLS RUNNING BACK COULD FACE GRAND JURY FOR HIT-AND-RUN
  • PENNSYLVANIA OUTLAWS NAKED PICTURES OF MINORS TAKEN BY CAMERA PHONES
  • WRESTLER’S DOCTOR PLEADS NOT GUILTY TO DRUG OFFENSES
  • FOOTBALL PLAYER ARRESTED, CHARGED WITH FELONY FRAUD
  • RAPPER WARREN G WILL NOT BE CHARGED FOR MARIJUANA OFFENSE
  • SENATE CONSIDERS BILL REQUIRING TECHNICIANS TO REPORT CHILD PORNOGRAPHY
  • PENNSYLVANIA SUPREME COURT TO DEFINE "CONTROL" OF CHILD PORNOGRAPHY
  • PENNSYLVANIA SCHOOL BOARD MEMBER SENTENCED FOR DUI, RESISTING ARREST
  • LANCASTER MAN CHARGED WITH DRUNK DRIVING FOR BEING A GOOD FRIEND
  • PHILADELPHIA DRUG CASE OVERTURNED, POLICE EXPERIENCE AND TRAINING NOT ENOUGH
  • DRUNK DRIVER GIVEN PROBATION FOR ACCIDENT WITH SANDRA BULLOCK
  • PENNSYLVANIA MAN SUCCESSFULLY CHALLENGES STATE’S “MEGAN’S LAW”
  • DRUNK DRIVER DETAINED BY PARAMEDIC HELD LAWFUL
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Topics

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Recent Entries

  • March 28, 2013 9:00 AM
    Seventh Circuit Reiterates the Importance of a Suspect Invoking Right to Counsel In United States v. Hunter, officers stopped a truck after...
  • March 26, 2013 9:00 AM
    Another Strong Affirmation of the Fourth Amendment’s Protections In United States v. Black, No. 11-5084 (3:10-cr-00206-MOC-1) (Feb. 25,...
  • March 21, 2013 9:00 AM
    Supreme Court of the United States says: The Holding of Padilla v. Kentucky Will Not Apply Retroactively In United States v. Chaidez, No. 11–820, (February 20, 2013)....
  • March 18, 2013 9:00 AM
    Police Need Probable Cause to Seize Someone Who Has Left The Immediate Vicinity of a Place Where a Search Warrant is Being Executed In Bailey v. United States, the Supreme Court of the...
  • March 14, 2013 9:00 AM
    Third Circuit Rules that Contraband Found in Shared Cell is Sufficient to Warrant Loss of Good Time Credits In Denny v. Schultz, No. 11-1450 (3d Cir. Feb. 15,...

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