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What is ARD?

Attorney Shawn Curry — Fri, 10 Feb 2012 14:23:00 GMT

ARD stands for Accelerated Rehabilitative Disposition Program. It is a diversionary program largely designated for first-time criminal offenders. However, in certain circumstances, a prior criminal conviction may not automatically prohibit you from obtaining ARD.

The Program is adminstered at the county level and the discretion of the respective Office of the District Attorney. Thus, while some eligibity requirements are statutory in nature, a person's eligibility, or lack thereof, could be determined by the discretionary policies implemented by the District Attorney for the county in which you were accused of a crime.

There are numerous benefits that can be obtained through admission into and successful completion of ARD.

First, admission into ARD does not require admission of guilt or guilty plea. Therefore, upon successful completion of ARD, it does not result in a per se conviction. However, depending on the circumstances of your case and the nature of your charges, it could be considered for the grading of subsequent offenses and the penalties you would be subject to.

Additionally, if you successfully complete the ARD program, you may be eligible to petition the court for dismissal and expungement of your charges. As such, if your request for expungement is granted, you would have a clean slate or no criminal record.

Further, there are certain criminal charges that result in a license suspension incident to an actual conviction. For these charges, you may be able to reduce or eliminate the applicable license suspension upon admission into and successful completion of ARD.

At the end of the day, your eligibilty for ARD and the benefits you could receive from the same will be determined by the specific criminal charges you face and the circumstances surrounding the accusations.

If you have been charged with a crime, contact an experienced and knowledgable PA Criminal Defense Attorney in order evaluate the options available to you.

"I have a warrant for my arrest. What do I do?"

Attorney Shawn Curry — Mon, 16 Jan 2012 17:36:00 GMT

Certain circumstances arise in criminal cases where a warrant may be issued for a person's arrest. For example, if you miss a scheduled court appearance, a bench warrant may be issued for your arrest. Additionally, if the criminal offense or charge you are accused of committing is a felony offense, an arrest warrant may be issued for your arrest.

Regardless of the basis for an outstanding warrant for your arrest, it is imperative that you do not sit by waiting to see what happens. Failure to take a proactive approach can result in negative consequences.

To begin, no one wants to be looking over their shoulder as they go about their daily lives. If you have an outstanding warrant for your arrest, that is the reality you are faced with. You could be pulled over for an unrelated, routine traffic violation and find yourself being detained in prison.

Further, whether you voluntarily and proactively address the bench warrant or you are separately taken into custody by police could be the difference between going to jail or not. Once you appear before a judge on the warrant, bail must be addressed. At that time, there are a number of factors the judge can consider in determining whether to send you to jail or to the street. Positive factors include, but are not limited to, representation by an attorney and voluntary appearing before the court.

If you think you may have an outstanding warrant for your arrest, contact a PA Criminal Defense Attorney today for a free, initial phone consultation.

I've been charged with Driving Under the Influence (DUI) in Lewistown/Mifflin County, PA. Do I need an attorney?

Attorney Shawn Curry — Mon, 16 Jan 2012 00:50:00 GMT

Back in the day, when we would set out on a trip, we would get out a roadmap and plan our route to the final destination. Today, many of us rely upon the simplicity of a GPS to get us from Point A to Point B. However, imagine if you had to set out on a journey to unchartered territory without a roadmap or GPS. You might be overwhelmed by the unknown perils that wait ahead.

Well, if you've been charged with a DUI in Lewistown, PA, or the surrounding areas, you are about to set out on journey through the Mifflin County Criminal Justice System. This is not a trip you should attempt to navigate alone. Much similar to when you set out on a road trip, an experienced PA DUI Defense Attorney can equip you with the knowledge and tools you need to safely navigate through the process toward your final objective.

Akin to the direction a roadmap or GPS provides you on the highways and biways of the Commonwealth and beyond, we can provide the well-reasoned counsel you need to defend your DUI. At the outset of the attorney-client relationship, we will engage in a personalized approach to set your objectives and goals. We will then develop an individualized strategy that will put us in the best possible position to obtain your overall objective.

Following the filing of your criminal charges, your first court appearance will be your Preliminary Hearing before one of three local magisterial district judges, which will initially be set for Mifflin County Central Court. This will provide us our first opportunity to put your personalized strategy into action and lay a solid foundation for the rest of your case.

After your preliminary hearing, your case will normally proceed to the Mifflin County Court of Common Pleas. It is at this level that we will either finalize plea negotiations that bring you a favorable and satisfying resolution or litigate your case through suppression and/or trial.

Faced with DUI charges, you find yourself at a crossroad. Without the proper guidance and direction, you may find yourself traveling down a one-way street to a dead end. You have one opportunity to choose the right direction in order to successfully navigate the local justice system. Don't leave it to chance. Contact a PA DUI Defense Attorney Serving Mifflin County, PA today.

Attorney-Client Relations & Communications: "Coach 'em up"

Attorney Shawn Curry — Fri, 13 Jan 2012 17:28:00 GMT

There are a lot of things they teach you in law school. What they don't teach you is how to be an attorney. They don't teach you how do deal with people. This comes from life experience.

Throughout my life, I have been involved in sports, either directly or indirectly. In my youth, I participated in a variety of sports from wrestling to baseball to soccer. My experiences as a participant have provided me with a foundation of positive attributes including the ability to interact and communicate with people on both a personal and broader level.

Beyond my athletic experiences as a participant, I have been surrounded and mentored by coaches within my family to this day. My father was my baseball coach growing up and still coaches. My uncle was a high school wrestling coach. My father-in-law has been a high school football coach for more than 40 years. From these mentors and my varied experiences, I have learned a number of lessons that transcend sports, as well as life in general, and can be applied to my criminal defense practice so that I can provide the highest level of service to the people we help.

Confidence Equals Trust, Trust Equals Confidence

A coach must exude confidence that is visible to his players. A coach must also maintain a level of confidentiality and discretion in communicating with his players. These confidences form a bond of trust between player and coach. Further, a player-coach relationship based in trust allows each to have full confidence in the other.

Similarly, a positive attorney-client relationship must be founded in trust. Trust comes from open, honest, and candid communications between attorney and client. This level of communication is only made possible by the highest level of confidentiality. Additionally, it requires the attorney to confidently provide fluid assessments to and set reasonable expectations for the client even prior to the formal relationship being formed. Once this bond of trusts is formed, the client can move forward with complete confidence in their chosen counsel thereby reducing the burden and anxiety resulting from the pending criminal charges.

Coach and Mentor, Attorney and Counselor

Being a coach is more than X's and O's. A coach must also be a mentor in order to effectively communicate and get the most out of the players. The coach must understand that some players will respond to a kick in the butt and others may cower in response to the same approach. This requires an understanding that each player is, also, an individual and treat them as such.

Being a lawyer is more than knowing the law. To effectively represent respective clients, an attorney must take an individualized case-by-case approach. Each person seeking assistance from a lawyer brings with them their own set of individualized facts and circumstances. This extends beyond the details of their case to their personal lives. An attorney must have an appreciation for the individual in order effectively assist each client in setting objectives and making educated and informed decisions that will have life-impacting consequences. Hence, Counselor-of-Law.

Know Your Adversary

Coaches scout. They get film or video or go watch an upcoming opponent play a game before their team actually competes against that opponent. A good coach understands the importance of knowing the adversary -- it offers an opportunity to exploit their weaknesses to reach your end goal - win.

Much like a coach, your attorney should know the other side -- the prosecution. I don't mean they should necessarily be friends and have lunch on a bi-weekly basis. Rather, your attorney needs to "scout" the other side in order to "know" the adversary. This means identifying the strengths and weaknesses of the prosecution's case, as well as your own, and determining their objective.

You might say, "Well, clearly, they want to win?" Right, but what does that mean to them? Your lawyer needs to determine prosecution's definition of "win" during the negotiation process and identify if and how the prosecution's objective can be made consistent with your own. This will provide the roadmap for the course you take toward successfully obtaining your overall objective.

Game Over

Unlike sport, being subjected to a criminal prosecution is not a game. It is your life and carries with it real, substantive consequences. If you find yourself in this position, you need a knowledgable and experienced "coach" to develop a game plan, mentor and counsel you in setting your objectives, and implement a strategy to exploit the adversary's deficienies and/or ability to merge their goals with your own.

Contact a PA Criminal Defense Attorney today for your free, initial phone consultation.

Does the prosecuting district attorney in PA have to bring me to trial within 365 days?

Attorney Shawn Curry — Thu, 12 Jan 2012 20:50:00 GMT

Yes. And no.

Pursuant to Pennsylvania Rule of Criminal Procedure Rule 600, generally, the prosecution must bring a defendant to trial within 365 days of the filing of the charges. However, excludable time could allow a person accused of a crime to go to trial beyond 365 actual days from the filing of a criminal complaint.

Excludable time, among other things, can include continuances or delays that occur at the request of or benefit to the defendant. For example, if the defendant request that a hearing be continued to a later day, the time between the original and new hearing date will not run against the prosecution in calculating 365 days. In essence, this period of time would be subtracted from the total number of days from the original filing of the charges.

Calculating a Rule 600 run date can be difficult for those unfamiliar with the rules and inexperienced in dealing with the mathematical acrobatics involved in the same.

If you have questions concerning your right to a speedy trial, contact a PA Criminal Defense Lawyer for a free, initial phone consultation today.

New Presentment Against Jerry Sandusky: A Lesson in Strategic Prosecution/Litigation

Attorney Shawn Curry — Thu, 08 Dec 2011 16:43:00 GMT

From the release of the initial grand jury presentment against former Penn State assistant football coach and Second Mile founder Jerry Sandusky, the prosecution has skewed public perception against the defendant with the creation of the Penn State Sex Scandal headlines. It is not a coincidence that the Office of the Attorney General has prosecuted its case against Sandusky in the court of public opinion and continues to do so.

The prosecution's use of the media is and has been one of timing. Case in point, look at the key distinction between the accusations against Sandusky and those leveled against former Syracuse assistant basketball coach Bernie Fine: Jerry Sandusky was investigated and indicted before the media circus was unleashed. For its lengthy investigation and failure to immediately indict and take Sandusky into custody, former Attorney General and now Governer, Tom Corbett has been a target of criticism. However, imagine if Corbett had indicted Sandusky for charges on one victim three years ago. Would the court of public opinion been so quick to replace the presumption of innocence with one of guilt? If you're objective and honest, no.

In this case, the prosecution knew one victim would not be nearly as scintillating as eight or ten. The prosecution knew that a quality defense attorney could certainly attack the credibility of one victim, but eight? Imagine if they had elected to prosecute on the first victim only and seven or nine victims subsequently showed up with their civil attorney's standing next to them talking about suing Penn State and JoePa, would we then have looked at their credibility differently?

Instead, based upon its elected strategy, the prosecution can now say, "Sure lightning can strike the same place once, maybe twice, but eight times?" The prosecution knew how the public thinks and developed a strategy consistent with the psyche of the masses because that would be its jury. Consequently, the victims are presumed credible and Sandusky presumed guilty.

Now, fast forward to a week before the Preliminary Hearing after the defense attorney has called out the victims to testify and the defense has put on a full court press while the prosecution has fallen in the background of the media circus. Is it a coincidence that the new presentment with new charges for two new victims are brought against Sandusky and a man who has not spent a day in jail now finds his new home to be a cell next to "other criminals"? Or, was it a calculated measure consistent with the prosecution's overall strategy to skew media coverage and, thereby, public perception back to the idea of a man that does bad things to little boys? In doing so, a direct message is sent to the defendant, " if you think a day in jail is bad, consider the feeling of spending the rest of your life there?" Not a bad way to engage in a two-pronged attack in an effort to leverage a plea deal immediately before the victims are scheduled to testify, right?

Herein lies the lesson, regardless of what side of the fence you fall on, prosecution or defense, you need to see the big picture, live in the moment, and be two steps ahead of the other side. Unfortunately for Mr. Sandusky, it appears to be the prosecution that's teaching the lesson -- at least at the moment.

"I've been subpoenaed to testify before a grand jury, what are my rights?"

Attorney Shawn Curry — Thu, 08 Dec 2011 16:19:00 GMT

You have the right to be represented by an attorney.

When you retain a PA Criminal Defense Lawyer to represent you in response to a subpoena to testify before a grand jury, your attorney will be able to be present during your testimony and advise you during questioning by the Attorney for the Commonwealth.

Although you may not be the target of the grand jury investigation, it is important to seek the counsel and advice of a competent criminal defense attorney. One of the purposes of the grand jury is to investigate. While you may be a witness, as opposed to the target, your testimony could potentially subject you to criminal prosecution. With the assistance of an attorney, you will be able to develop an understanding of the potential liabilities you face and your lawyer can develop a strategy to insulate you from and safeguard against a criminal prosecution.

At the conclusion of your testimony, unless otherwise directed by the judge, you may have the right to disclose your testimony before the grand jury. However, just because you have the right to disclose and discuss your testimony before an investigating grand jury with others, it may not be in your best interest to do so. Every step you take and decision you make carries with it potential pitfalls. With the appropriate representation, your attorney will be able to walk you through the process from beginning to end and beyond, as one misstep could result in possible criminal liability and exposure.

If you have been subpoenaed to testify as a witness before an investigating grand jury in Pennsylvania, contact us today for your free initial phone consultation.

"What are the consequences or penalties for Retail Theft?"

Attorney Shawn Curry — Wed, 07 Dec 2011 16:50:00 GMT

'Tis the Season for shopping. With Black Friday behind us, shopping for the holiday season is in high gear. While the occurrence of Retail Theft charges is not limited to the holiday season, there is often a spike in prosecution for this offense at this time of the year. This increase in Retail Theft prosecutions can be attributed to a number of factors including, but not limited to, a higher police and store loss prevention presence in response to the influx of holiday shoppers.

With the craziness of the holiday rush and increase in spending along with the stressors of meeting our daily responsibilities, an isolated act of poor judgment in response to the same can lead to a criminal charge of Retail Theft that can have life-altering consequences on multiple levels.

First, whether charged with a summary, misdemeanor, or felony Retail Theft, you face a possible conviction and criminal record for a crimen falsi offense, which is a Latin term meaning "crime of deceit." Regardless of the grading of the offense, having a conviction for a crime of this nature on your record can impair your ability to obtain employment.

Second, Retail Theft is a recidivist offense. This means that once you have a conviction for Retail Theft, the grading and penalties for a subsequent or future charge can increase. For example, if you have no prior Retail Theft convictions and the item(s) you are accused of stealing from a store is less than $150, you will be charged with a summary offense. However, if you have one (1) prior conviction for Retail Theft and you are later accused of stealing merchandise of that same value (less than $150), you will be charged with a misdemeanor of the second degree.

Finally, the consequences or penalties you face in terms of probation, jail, and fines upon conviction for Retail Theft are based upon the grading of your offense (summary, misdemeanor, or felony) coupled with your overall prior record. Additionally, as indirectly observed above, the grading of a Retail Theft charge will based upon the value of the merchandise taken and the number of prior convictions for Retail Theft or lack thereof.

Your ability to minimize or avoid some or all of the consequences for a Retail Theft will be based on factors presented in your specific case. In order to obtain your objective, it is imperative to develop and implement a individualized strategy at the inception of your case beginning with the Preliminary Hearing or Summary Trial. If you have been accused of shoplifting, contact a PA Criminal Defense Lawyer experienced in handling Retail Theft cases today for a free initial phone consultation.

FAQ Series: "How do Pennsylvania State Grand Jury Proceedings Work?"

Attorney Shawn Curry — Mon, 14 Nov 2011 15:59:00 GMT

In Pennsylvania, an Investigating Grand Jury is an investigative and prosecutorial tool that can be utilized by a county District Attorney or the Attorney General. Upon application, an investigative grand jury can be impaneled to hear and observe testimony and evidence to determine if there is some evidence to support the filing of criminal charges. If the investigative grand jury believes the evidence presented by the prosecution warrants the filing of criminal charges against an individual or individuals, an investigative grand jury presentment will be issued.

Recently, many people have obtained an arms-length awareness of grand jury proceedings, indictments and presentments incident to the grand jury indictment and presentment of former Penn State assistant football coach Jerry Sandusky for accusations that he sexually assaulted and abused children he met through his charity, the Second Mile. However, an awareness of the factual findings set forth within this presentment does not ultimately provide true insight into grand jury proceedings from a procedural standpoint. This is important because it is an understanding of the procedures that provides the explanation of how these factual findings are made and why these proceedings are used as a tool by prosecutors.

The grand jury proceeding itself is cloaked in secrecy. To that end, all grand jury participants including, but not limited to, jurors, attorneys, and stenographers, are sworn to secrecy and subject to prosecution for contempt if they disclose information. Additionally, all documents produced and transcripts made reflecting testimony are available only to the Commonwealth, the prosecution, and are not available for public consumption.

As reflected by the limitations on dissemination of records produced and made during a grand jury investigation, the Attorney for the Commonwealth controls the investigation and dissemination of information to the grand jury itself. The Attorney for the Commonwealth controls the witnesses and the testimony they offer to the grand jury in both content and context. Consequently, the grand jury is presented with a one-sided version of the accusations in the light most favorable to the prosecution.

To the point, I was once told by a former federal prosecutor, who regularly handled grand jury proceedings on the federal level, that "a grand jury would indict a ham sandwich." This is not an indictment on the members of the grand jury who are pulled away from their daily lives to sit for an extended period of time, hear the evidence and testimony, and make decision that may have a life-altering impact on others. Instead, it is an indictment of the process itself.

At the end of the day, it is important to understand that an indictment by a grand jury and the findings set forth in a presentment are not the equivalent of a finding of guilt. Rather, the factual findings made by a grand jury are akin to the accusations set forth in a Criminal Complaint and Affidavit of Probable Cause filed in most cases -- they are accusations.

Despite this fact, if you are the target of a grand jury investigation, you should not take such designation lightly. Understanding that a grand jury's findings and indictment simply set forth accusations and that guilt or innocence will be determined at a future date, you should not sit back and wait for the indictment. If you are the target of a grand jury investigation or have been subpoenaed as a witness, you should immediately seek the representation of a PA Criminal Defense Attorney to protect your rights and interests from the inception of the process. If you find yourself in this tenuous situation, contact us today for a free phone consultation.

FAQ Series: "Do I need a criminal defense attorney for my Preliminary Hearing at Adams County Central Court in Gettysburg, PA?"

Attorney Shawn Curry — Fri, 28 Oct 2011 02:18:00 GMT

If you were sick and it was apparent that the illness was not just going away, would you go to a doctor?

Sure.

If you learned you had a brain tumor, would you seek treatment from your family doctor or a neurosurgeon?

A neurosurgeon.

Similarly, if you have been accused of crime, you should seek the representation of a knowledgeable and experienced criminal defense lawyer familiar with the Adams County Criminal Justice System who can diagnose your problem and develop a strategy that will remedy the criminal charges that ail you. Unless you enjoy being placed in a less than advantageous position in comparison to that of those prosecuting you, you should not attempt to handle your criminal case on your own or seek representation from anyone other than attorney whose practice is concentrated in criminal defense.

Specifically, as it relates to your Preliminary Hearing at Adams County Central Court, in Gettysburg, representation by a PA Criminal Defense Attorney familiar with that jurisdiction at this level will put you in the best position to maximize the final result in your case. At this level, we will be able to build a foundation for implementing a personalized strategy through the conclusion of your case in an effort to obtain a well-defined objective.

Typically, when you appear for your Preliminary Hearing at Central Court, your case will be assigned to a specific prosecuting attorney that we can engage in negotiations in this early stage of your case. Being afforded the opportunity to implement our strategy for your case at the inception of the judicial process may enable us to bring your case towards a meaningful resolution that you find reasonable and acceptable based on the immediate or prospective outcome or consequences. Alternatively, we may find that we can only agree to disagree with the prosecution concerning our position in the case. As such, we would want to seize this opportunity to begin the litigation process and buiding a defense to the accusations that have been leveled against you.

Regardless of the nature of the charges or your ultimate objective, you should consult with a criminal defense lawyer before proceeding blindly toward your preliminary hearing and beyond. Contact me today for your free, initial phone consultation.

FAQ Series: "I've been charged with crime, will the judge set bail?"

Attorney Shawn Curry — Tue, 18 Oct 2011 02:11:00 GMT

Regardless of whether you are facing charges for murder or DUI, drug delivery or drug possession, theft or burglary, assault or a sex crime, bail must be set in all criminal cases. Whether you have been charged with a crime in Gettysburg, in Adams County, Red Lion, in York County, Harrisburg or Hershey, in Dauphin County, Carlisle or Camp Hill, in Cumberland County, or Lewistown, in Mifflin County, bail must be set if you have been charged with any level of a misdemeanor or felony offense.

However, this does not mean that you are going to jail. As soon as people hear the word bail, they immediately think they must pay some amount of money or they are going to jail and staying there until they can post bail. This is not necessarily true.

Bail must be set by the Magisterial District Judge at or prior to your Preliminary Hearing. The primary purpose of bail is to ensure that you will make all court appearances until the final disposition of your case. However, other considerations exists for the court in determining how to set bail.

There are three main forms of bail: ROR, unsecured, and secured/monetary bail. ROR and secured/monetary bail are the two extremes and unsecured bail is a hybrid of the two.

ROR bail stands for Return on own Recognizance. Essentially, you sign a bail document agreeing to abide by certain conditions and you are released on your signature, your word saying you will do it. Primarily, you must agree to stay out of trouble, report any change of address, not threaten any witnesses, and make all future court appearances.

Meanwhile, secured or monetary bail requires some amount of money, property, or collateral to be posted or made to avoid or be released from jail. Secured bail is typically set in more serious felony cases and/or where other factors, such as a prior history of flight or threats of violence towards oneself or others, exists.

Finally, unsecured bail, as previously stated, is a hybrid or combination of ROR and secured/monetary bail. While you do not have to post an amount of money up front, a monetary amount is attached to the bail conditions requiring the defendant to sign as their own surety. As such, upon a violation of bail, it can be revoked, you can be sent to jail, and you can owe the monetary amount. It is ROR with teeth that bite with harsh consequences for failure to abide by bail conditions.

If you have been charged or are under police investigation for a crime, qualified representation by a PA Criminal Defense Lawyer at the inception of your case prior to bail being set could impact the type of bail set. If you are under criminal investigation or have been charged with a crime, contact me immediately for a free initial phone consultation.

FAQ Series: "I'm under criminal investigation by the police, do I need an attorney?"

Attorney Shawn Curry — Tue, 18 Oct 2011 01:33:00 GMT

If you are the subject of a police investigation, the steps you take to protect yourself today could have a long-term impact on the ultimate outcome of the investigation and the consequences you are subject to at the end of the day. Whether or not you need an attorney is a decision that only you can make. However, a skilled and knowledgeable PA Criminal Defense Attorney can assist you in making an informed and educated decision on how to proceed.

If the police have informed you that you are the target or a part of a criminal investigation regardless of whether related to a drug, assault, theft, burglary, robbery, murder , domestic violence, or sex crime, you should act quickly to insulate yourself from police investigative tools and tactics of interrogation or otherwise before its too late. Once represented by an attorney experienced in handling the pre-arrest and investigation phases of a criminal case, you will be off limits to police from questioning or interrogation. Based on our experience in handling these cases, we can step between you and the police in a professional manner to ensure that you do not make any incriminating statements while also keeping your options on the table.

For example, once we have asserted your right to remain silent on your behalf, the police may separately determine that enough evidence exist to proceed with criminal charges. If some or all of the charges are felony offenses, the criminal charges will likely be issued by an arrest warrant. Based on our professional response to earlier police inquiries during the preliminary investigation phase, we can seek to extend those lines of communication in an effort to prevent the police from executing the warrant and picking you up at your home or place of employment during abnormal hours. Aside from the obvious benefits of avoiding embarassment, the timing could be the difference between you spending the night in jail before you see the judge or appearing on your own accord.

Further, if able to coordinate a voluntary appearance in court to address the warrant, you will have positive factors for the courts consideration when bail is set, which is required in all criminal cases. The purpose of bail is primarily to ensure that you make all future court appearances. When you voluntarily appear with counsel at the inception of your case, the court is provided assurances that you will likely continue in a similar manner with the assistance of well-reasoned and competent counsel.

Whether or not you obtain an attorney during the investigation phase of your case, could be the difference between criminal charges or none at all, jail or bail, your incriminating statement being the lynchpin in the prosecution's case against you or a weak circumstantial case based on hunches, hearsay, and inuendo.

I don't make guarantees during the investigation phase that no charges will ever be filed. No attorney should. I don't have a crystal ball so I don't generally forecast the future. However, what I can guarantee is that I can do nothing for you if I am not involved in your case.

What we will do is work with you from the inception of your case to develop a personalized strategy designed to put you in the best position at the end of the day.

If you are under criminal investigation by police, contact us today for a free initial phone consultation.

The Frequently Asked Questions (FAQ) Series

Attorney Shawn Curry — Tue, 18 Oct 2011 01:11:00 GMT

As a PA Criminal Defense Attorney, I help people who have been accused of a wide variety of crimes in numerous jurisdictions. Whether a DUI, Assault, Theft, Drug, Homicide or Sex Crime in Gettysburg, Harrisburg, York or any other jurisdiction in the Commonwealth of Pennsylvania, each case is unique. While the charges and jurisdiction may be the same in a particular case, each presents its own individualized set of facts and circumstances.

Nonetheless, there are a number of frequently asked questions presented by people being accused of a crime. As I address these questions over time, I intend to make an effort to post these questions on our criminal defense blog.

Questions and answers presented on this blog should not be received as legal advice. Rather, legal advice is a product of a formal attorney-client relationship. Legal advice is specific based on individualized facts and circumstances incident to an information gathering process. Accordingly, the purpose of this blog series is to inform and educate on a generalized level.

If you or someone you know are in need of specific legal advice or representation, please contact us immediately for a free initial phone consultation.

Pitfalls of Arguing the Emotion in a Jury Trial - The Reverse Casey Anthony Effect

Attorney Shawn Curry — Wed, 12 Oct 2011 17:17:00 GMT

I can vividly recall a conversation with my late mentor in which we were discussing jury-trial strategy. I can still hear him saying, "Shawn, when the facts are against you, argue the law. When the law is against you, argue the facts. And when both the facts and the law are against you, argue emotion."

While a few months have passed since the conclusion of Casey Anthony's trial for the murder of her two-year-old daughter, I have never observed a clearer example of the pitfalls of the third part of this strategy than in her trial.

From a distance, it appears that the prosecution, in a reactionary response to the circumstances presented, was probably a bit overzealous in selecting the charges on which to proceed. Stuck with their decision, the prosecution was forced to compensate for both the legal and factual deficiencies in its case. Despite those deficiencies, there was no lack of emotion, given that the case revolved around the heinous and tragic death of a young child. Thus, the prosecution argued emotion.

Although I had not been following the case closely, it seemed as if everyone around me was living the trial moment by moment. I remember a friend coming up to me during the closing arguments and telling me that Casey Anthony was clearly guilty because she lied about this and that. Jokingly, I responded that it was a good thing they didn't charge her with lying. As the reader may know, she was charged with lying and was found guilty of lying . . . but not guilty of murder.

And this is where the lesson is found.

The Casey Anthony prosecution team internalized the outrage over the untimely death of a child. Similarly, for a client accused of a crime and facing limitations on or loss of their freedom — or for any client faced with litigation — it is an inherently emotional experience. Burdened with the stress and emotion of the litigation process, it can be cumbersome for an individual to see their case from a perspective different from their own. Nevertheless, there is the risk that failure to objectively assess their case and the likely consequences could result in a far greater loss than anticipated. This is where the Reverse Casey Anthony Effect can come into play.

However, we provide the antidote to this crippling side effect. Unlike a client whose perspective is limited to personal experience, as attorneys we understand that a jury takes an oath to be fair and impartial, to follow the law, and to set aside emotion. While jurors are human and often turn to human experience in rendering a decision, most jurors take their oath very seriously and do their best to strictly adhere to its charge.

When faced with the task of advising a client whether to go to trial or not, it may seem as if our roles as zealous advocate and well-reasoned counselor are at odds. Nonetheless, it is our duty to maintain an objective point of view in evaluating both the facts and the law to determine what defenses or arguments, if any, may be available, and then providing the client with an objective risk-reward assessment of their options. When this assessment yields no strong legal or factual defenses, and the client is left with an argument founded on pure emotion, proceed with caution. Otherwise a client's emotionally charged reaction to an ill-advised decision to go to trial may produce a result for the client similar to the disappointment suffered by the prosecution in the Casey Anthony trial.

Your Right to Remain Silent: Often Misunderstood

Attorney Shawn Curry — Mon, 26 Sep 2011 02:33:00 GMT

If you have ever watched a crime show or movie, you have probably observed a scene where a person is arrested and the cop says, "You have a right to remain silent. Anything you say can and will be used against you in a court of law."

Your right to remain silent is not fiction. It is a real, substantive right afforded to all citizens of this Commonwealth by the United States and Pennsylvania Constitutions. However, while most people are aware of their right to remain silent, how they should assert it and the scope of the assertion is often misunderstood.

To begin, based on multi-media depictions, many people believe the police must "read you your rights" at the inception of an arrest. Not true. Police are only required to advise you of "your rights" once you have been arrested and prior to subjecting you to questioning. If you are placed under arrest, the police fail read you your rights, but you make an unsolicited admission to a crime, you may be stuck with that admission.

Further, you do not have to be placed under arrest in order to assert your right to remain silent. There are many circumstances when you are not officially under arrest where the police may attempt to exploit the circumstances in order to obtain an incriminating statement from you. If you do not fully understand your rights and their full scope, you may mistakenly seal the prosecution's case against you for them.

Additionally, while your right to remain silent is specifically set forth to protect you from unknowingly offering the police a self-incriminating statement, your assertion of this right should extend beyond the police in practice. In many instances, a person under investigation should avoid making statements or discussing their case with anyone, including family and friends. This can be extremely difficult because it is often family and friends who provide a necessary support network during an extremely difficult and stressful time, like facing criminal charges. However, if not careful, you could inadvertently make an incriminating statement to an apparent friend who later becomes better known as "witness for the prosecution."

Navigating your way through a criminal investigation or impending criminal charges presents a significant uphill battle. This is not something you should do alone. It is akin to going to a gun fight without a gun or ammunition. When faced with possible criminal charges, equip yourself. You wouldn't go into a gun battle unarmed or without ammunition so don't expect to receive justice from the criminal justice system if you are not represented by a professional and experienced PA Criminal Defense Attorney.

With the right Criminal Defense Lawyer in your corner, you will have someone who can insulate you from the police before you make their case against you for them. You will have someone that can offer you guidance and hope. When your family and friends try to discuss specific facts of your case with you, you may fear that failing to openly communicate with them may have an alienating effect. However, with counsel, you will have someone to help you navigate through these delicate situations and deflect alienation.

If you are the focus of a police investigation, sought by the police for questioning,or facing criminal charges contact us today for a free, initial phone consultation.