Recent Blog Posts

Harrisburg/York PA Criminal Defense Attorney Reflections: Prosecutors Change Date of Alleged Sandusky Assault and Open Door for Defense to Attack Credibility of Its Investigation & Witness(es)

Attorney Shawn Curry — Thu, 10 May 2012 01:15:00 GMT

When the original grand jury presentment against Jerry Sandusky was released, it referenced an alleged sexual assault of a young boy in a shower that was witnessed by former Penn State assistant football coach Mike McQueary on March 1, 2002, the Friday before Spring Break. However, the prosecution has now filed an amendment changing the date of the alleged assault to February 9, 2001.

This raises questions: Is this the break that the defense has been waiting for and the prosecution's case will fall like a house of cards? Or, Is it simply the product of mistaken recollection influenced by the passing of time and an immaterial inconsistency at best?

Certainly, the prosecution would argue the latter. However, this revelation impacts key aspects of the prosecution's case against Sandusky.

First, it has been reported that the prosecution had the ability to proceed with charges against Sandusky on accusations made by one of the alleged victims earlier than what they did. Instead, likely from a strategic standpoint, the prosecution elected to continue their investigation and wait to file charges until multiple victims were identified. It would be argued that 10 victims with similar accusations are more credible than a single, isolated allegation by one victim. Further, it has enabled the prosecution to argue that the number of the alleged victims along with the thoroughness of the investigation makes the accusations more credible than not.

However, by changing the date of an alleged incident to more than a year earlier and a time frame inconsistent with Spring Break, as had been previously purported, the prosecution has admitted they got it wrong and it detracts from the credibility of the investigation as a whole. From the outside looking in, as a juror would be called upon to do, it would be reasonable to ask: "What else did they get wrong?" Once the credibility of the investigation itself is called into question, the inference of credibility based upon the total number of victims can also be called into question because they are a product of that investigation.

Second, it has been reported that the date change relates to allegations involving the purported observation and testimony of Mike McQueary, who could be considered an integral part of the prosecution's case against Sandusky because he is the only available independent witness without an apparent motive to fabricate his story. Again, it has been reported that he testified that the incident he observed occurred in March of 2002 on the Friday before Spring Break. Now, with the date change, it places the allegations a year and one month earlier at a time inconsistent with Spring Break – key and specific details that have seemingly assisted him in recalling an event that occurred years earlier. If these specific details are wrong, what else did he mistakenly recall? And, was his recollection and that of others impacted by the investigation?

In the end, you have 2 key aspects of the prosecution's case, the investigation and Mike McQueary, that had positively impacted the credibility of the accusations and now are called into question by changing the date of one of the alleged incidents. Without physical and other direct evidence, this case is won or lost on credibility. With this change, the prosecution's case just lost a measure of credibility.

(Photo Credit: AP Photo/Getty Images at http://abcnews.go.com/US/penn-state-sex-abuse-suspect-attack-key-witness/story?id=14984430)

Harrisburg/York Sex/Assault Crimes Defense Attorney Answers: "I'm being investigated by Children & Youth Services for allegations of Physical/Sexual Abuse of a Child. What should I do?"

Attorney Shawn Curry — Thu, 19 Apr 2012 01:31:00 GMT

Often, a target of a Children & Youth Services investigation concerning allegations of physical or sexual abuse of a minor will become aware of their status as a suspected perpetrator with a phone call. Further, if you are suspected of abusing a child, you may receive a general and non-specific explanation of the allegations coupled with a request to meet with a caseworker for an interview. If reluctant, you may be told this is your opportunity to set the record straight, address the allegations, and without your side of the story they can only accept the victim's allegations as truthful and credible.

If this scenario sounds familiar and you have been identified as a suspected child abuser, STOP!

Where There's Smoke, There's Fire -- Don't Get Burned

While Children & Youth caseworkers are not members of law enforcement, they are trained investigators, which is why they are contacting you -- to investigate. Consequently, the above-scenario is really a strategy, a ploy, a smoke-and-mirrors investigation technique to get you in an interview room thinking you are only there to help yourself when, in reality and unbeknownst to you, you are there to make an incriminating statement.

Don't be fooled or blinded by the smoke because behind it is usually the fire -- the police waiting to piggy-back onto the Children & Youth investigation without implicating your Miranda rights since the police are not leading the charge themselves...yet. Any statements you would make incident to a Children & Youth investigation could subsequently be used against you in a criminal prosecution for an assault crime or sex crime where the consequences you could face will get worse before they get better. Not only can these consquences have a direct impact on your livelihood and your freedom, they could tear apart your family.

Put Out The Fire Before It Starts

Before you become fully disoriented by the smoke-and-mirrors and fall into the fire, speak to a PA Criminal Defense Lawyer with the knowledge and experience to pull you from the flames of the Children & Youth/Criminal Investigation and insulate you from the authorities before you make an inadvertent, but incriminating, statement that becomes the lynchpin in the prosecution's case against you.

As soon as you become aware of the investigation against you, it is imperative that you contact us immediately so that we can adequately protect your interests. If an interview has been scheduled, contact us before you walk into the room unrepresented. We are experienced in handling investigations of this nature and navigating you as safely as possible through the process in an effort to obtain the best possible outcome under the circumstances.

Before you get burned by the system, contact us today for a free, initial phone consultation.

(photo from http://cumberlink.com/news/local/article_6839097a-19b6-11e1-bfd8-001cc4c002e0.html)

Harrisburg/York PA Criminal Defense Lawyer Answers: "I've been charged with a crime of Retail Theft/Shoplifting in PA. What can a Theft Defense Attorney/Lawyer do for me?"

Attorney Shawn Curry — Wed, 04 Apr 2012 15:40:00 GMT

If you have been charged with a Retail Theft/Shoplifing offense, you face penalties that could have short- and long-term negative consequences on your life. Whether you have been accused of stealing from Target, Kohls, Sears, or another department store, a PA Retail Theft/Shoplifting Defense Lawyer can use their knowledge and experience to help you maximize your opportunities to obtain the best possible outcome based on the facts and circumstances in your case.

Define Your Objective(s)

From the inception of our involvement in your case, we will engage in a detailed evaluation. In addition to reviewing the facts specific to your charge, we will develop an understanding of you as a person, as this will assist us in identifying how the potential consequences may impact your personal life, employment, or otherwise. Based on this thorough evaluation, we will set realistic expectations and establish your goals concerning the outcome of your case.

Develop a Strategy

After defining your objectives, we will develop a strategy that will put you in the best position to obtain your desired outcome. This strategy will be fluid with contingency plans in place in order to adequately account for the variables (factors, circumstances, players) present in your case. It is important that we begin to implement this strategy at the earliest possible stage beginning with your Preliminary Hearing.

Keeping You Informed

In many cases, the process is marathon, not a sprint. For this reason, our assessment of your case is fluid and evolves with each step, each hearing throughout the criminal justice process. We recognize that many people do not have an adequate understanding of this process because it is not something you deal with on a consistent and regular basis. We do. Accordingly, we will continuously provide you an evolviing status at each stage of your case and a risk-reward assessment of your options as they become available.

Control Your Outcome

Like life, in your criminal case, you can only control that which you have the ability to control. You cannot undo the past and change the fact that you have been charged with a crime of Retail Theft/Shoplifting. What you do control is what happens from this point forward. Your best opportunity to control the final outcome of your case is to align yourself with an experienced and knowledgable PA Criminal Defense Attorney who will provide you individualized attention. Contact us today for your free, initial phone consultation.

Harrisburg/York Criminal Defense Attorney Reflections: College Students Experience Freedom and Choices with Criminal Consequences

Attorney Shawn Curry — Mon, 02 Apr 2012 16:30:00 GMT

Going to college represents a major transitional stage in the lives of those who experience it. For many, it is the first time living outside of their parents supervision and authority for a substantial period of time. This new-found freedom offers the opportunity for young adults to exercise their own discretion in making life choices and experimenting with it.

It is often seen as a right-of-passage to party and explore what life has to offer without the constraints of the real world. It is a part of college life, right? Yes, in part. Unfortunately, for those who choose to push the boundaries even with the best of intentions, the laws of the real world still apply and your choices could carry criminal consequences.

Underage Drinking

Whether at a dorm, apartment, or fraternity, the opportunity to drink alcohol is readily available. However, college students are not the only people privy to this fact. Your RA, as well as campus and local police, know this too. As a result, those policing underage drinking are always looking for a party or partygoer to investigate. Thus, if you are at a drinking party or on your way home from one, the police will be watching for signs of impairment. Should you get arrested, the consequences for underage drinking are real.

Physical and Sexual Assault

For anyone, college student or otherwise, our judgment and perceptions are impaired by the consumption of alcohol and/or drugs, especially at high levels. When a person achieves a highly intoxicated state, people sometimes make choices and act in a manner inconsistent with their normal conduct. As a result, good people in an impaired state may engage in assaultive behavior due to factors, such as, their own intoxication, the environment and peer pressure.

If you have ever been at a college party or two or a main thoroughfare on a weekend, you've probably seen a fight. However, you may not realize that, depending on the level of a person's active participation and injuries to the other person or people, you could be charged with a crime of Simple Assault or Aggravated Assault. Further, upon conviction, you could end up with a permanent criminal record, fines, probation, and even jail or state prison time.

Similarly, a person in a drunk or intoxicated state may find themselves seeking the affections of another. Due to impaired judgment and perception, one may not realize that the feelings are not mutual and things can go to far. Other times, both parties in their jointly impaired state may be on the same page at that time. However, the next morning one of the two may be second-guessing their judgment and exploitations of the night earlier. In either scenario, a report of a sex crime could be filed with the police and you could face criminal charges. The penalties for a sex crime can change your life permanently.

Drug Possession and Delivery

As stated earlier, for some people, college is seen as a time for experimentation. Consequently, college students may choose to experiment with drug use, whether it be marijuana, cocaine, ecstacy, hallucinogens, or otherwise. For those who choose to engage in such activities, there are risks -- being charged with a drug crime.

While experimental use of drugs may seem harmless or innocent at the time, you are subjecting yourself to criminal consequences. If you are using drugs at a party, the party could be raided. If you are buying drugs, the police could be investigating the dealer or the "dealer" could be working with the police. If you are driving in a vehicle and in possession of drugs, you could be pulled over for a traffic violation and the drugs could be discovered. In any of these scenarios, you could be charged with Drug Possession and subject to the penalites for Drug Possession.

Additionally, there are instances where those who experiment with drug use become "drug dealers." However, many who end up this position do not perceive themselves as such. Instead, it may be a way to pay for their own drug use to party and/or make a buck or two on the side. Unfortunately, you don't have to reach the level of "Tony" Montana from the movie, "Scarface," to show up on the police radar and be charged with Drug Delivery or Possession with the Intent to Deliver (PWID). Moreover,the consequences can be serious and negatively impact the rest of your life.

Criminal Consequences

If you are charged with any of the above-crimes or otherwise, you could face real, substantive consequences. However, with an experienced and knowledgable PA Criminal Defense Attorney, you will be better able to assert your rights and protect your interests.

To that end, we will engage in a thorough evaluation of your case, identify your objectives, and develop an individualized strategy to specifically address your goals. For example, if evidence was seized pursuant to a search by police or a statement was obtained from you incident to an interrogation, we may file a motion to get the evidence suppressed or thrown out. Alternatively, if your objective is to minimize the consequences and your charges and other factors are appropriate, we may seek an alternative disposition to avoid a conviction and criminal record, such as, ARD.

The best way to mitigate, if not eliminate, the criminal consequences you could face if you have been charged with a crime is to contact an attorney at the earliest possible stage. The earlier we are involved, the better we are able to control the process and protect your overall interests from beginning to end. Contact us today for a free, initial phone consultation.

(photo from http://blogs.sun-sentinel.com/crime-and-safety/2012/02/29/state-warns-spring-breakers-of-enforcement-against-underage-drinking/)

Harrisburg/York Sex Crimes Defense Attorney Answers: "What are the penalties or consequences for Sex Crimes like Indecent Assault & Rape in PA?"

Attorney Shawn Curry — Mon, 02 Apr 2012 12:54:00 GMT

The penalties for sex crimes including, but not limited to, Rape, Sexual Assault, Indecent Assault, Involuntary Deviate Sexual Intercourse (IDSI), and Aggravated Indecent Assault can be significant and life-altering.

As a general matter, upon conviction by guilty plea or trial, the punishment an individual could face is determined by the charge(s) the person is convicted of and the age of the alleged victim. Additionally, the jail time a person could face is determined by the offense coupled with the individuals prior record or lack thereof. However, certain offenses can carry mandatory minimum prison sentences. Moreover, a number of charges can carry Megan's Law or Sex Offender Registration requirements.

Mandatory Jail Time

Upon conviction, a person could face a mandatory state prison sentence. This sets the minimum sentence that a person must receive and serve before becoming eligible for parole. Certain offenses, like Rape, IDSI, and Aggravated Indecent Assault, can carry mandatory prison time of 5 or 10 years. The actual mandatory minimum sentence is determined by the offense and the age of the victim.

Megan's Law/Sex Offender Registration

Megan's Law is the law commonly used to refer to sex offender registration and its requirements. A person can be required to register as a sex offender in the Commonwealth of Pennsylvania upon conviction for certain offenses including, but not limited to, Rape, Sexual Assault, Indecent Assault, Aggravated Indecent Assault, and IDSI. Depending on the underlying charge(s), a person could face a 10 year or life-time sex offender registration requirement.

If, upon conviction, but prior to sentencing, a person will be required to register as a sex offender, the Sex Offender Assessment Board (SOAB) will complete an evaluation to determine whether the person should be designated a Sexually Violent Predator.

The Result

The result is yet to be determined. While these are the penalties one could face, they are not imposed upon the mere accusation that you commited a sex crime.

You cannot adequately assert your rights and protect your interests alone. A knowledgable and experienced attorney can evaluate your case, determine your goals, and develop a personalized strategy consistent with your objectives to litigate your case through trial or mitigate the consequences and penalties you could face.

If you have been accused of a sex crime, it is imperative that you contact a PA Sex Crime Defense Lawyer at the earliest possible stage. Whether you are currently under investigation or have a Preliminary Hearing scheduled, contact us today for a free, initial phone consultation.

(Photo from http://www.crimealley.com/story/sex-crimes-los-angeles-schools)

Harrisburg/York Underage Drinking Defense Lawyer Answers: "What are the penalties or consequences for Purchase, Possession, Consumption, Transportation of Alcohol by a Minor, a.k.a. 'underage drinking', in PA?"

Attorney Shawn Curry — Thu, 08 Mar 2012 03:23:00 GMT

When a person has been accused of any crime, including "underage drinking," most people's first question is: "What are the penalties? What am I facing?"

Generally speaking, when you are charged with underage drinking, it may ultimately result in a conviction. While being "charged" with the offense relates to the allegation being made against you, a "conviction" is the result of a finding or plea of guilt to the allegations. Absent an expungement of your record, a conviction will result in a permanent record for underage drinking, which can have negative implications on employment and/or educational opportunities.

In terms of specific penalties, you will face a fine and court costs. However, the most significant consequence for underage drinking is a suspension of your driver's license. Additionally, as it relates to the license suspension, underage drinking is a recidivist offense, which means the penalty increases every time you are convicted of the charge. To that end, the first time a person is convicted of underage drinking you will face a 90 day license suspension. For a second conviction, the suspension increases to 1 year. Finally, for a third or subsequent conviction, you will be subject to a 2 year suspension of your driver's license.

If you have been charged with underage drinking incident to accusations that you purchased, possessed, consumed or transported alcohol while under the age of 21, it is imperative that you contact a PA Underage Drinking Defense Lawyer immediately to determine your rights and options.

Whether by negotiation or litigation, there are steps that can be taken in an effort to avoid a license suspension and other penalties. As an experienced defense attorney, I will work with you to obtain an individualized assessment of your case in order to develop a personalized strategy that we will implement to give you the best chance at reaching your objectives. As a part of this process, we will enage in a detailed and fact-specific analysis of your case to determine what defenses may be available. Did the police obtain legally admissible and/or sufficient evidence to prove their case? Was there an illegal search or seizure? If there was a breath test, was testing device appropriately calibrated?

When you have been accused of underage drinking, the consequences you face are real and present significant hardships, if realized. Regardless of whether you have already entered a not guilty plea and have a summary trial scheduled before a magisterial district judge or have just received your citation, contact a PA Underage Drinking Defense Lawyer for your free, initial phone consultation today.

(Photo from http://www.dwilawyer.com/html/dwi-free-consultation-form-1.html)

Harrisburg/York Felony Drug Crimes Defense Attorney Answers: "What are the penalties or consequences for Drug Delivery and Possession with Intent to Deliver (PWID) in PA?"

Attorney Shawn Curry — Sat, 25 Feb 2012 03:24:00 GMT

Similar to the penalties or consequences one may face for drug possession or any other criminal case, the penalties you could be subject to for Drug Delivery or PWID vary depending upon the facts and circumstances specific to your case. Likewise, there are general penalties that a person accused of Drug Delivery or Possession with Intent to Deliver should be aware of.

While there are some similarities in providing an overarching assessment for both drug possession and drug delivery charges, it is like comparing apples and oranges when evaluating the severity of the penalties.

To begin, like any criminal charge, a Drug Delivery or PWID charge could result in a conviction. Unlike a basic drug possession charge, Drug Delivery and PWID are felony crimes, not misdemeanors. Thus, upon conviction, your permanent criminal record will reflect a Felony Drug Conviction. Unfortunately, this is a type of conviction that can make a person virtually unemployable in any professional setting.

If it is not enough of a burden to consider the potential, negative ramifications a Felony Drug Conviction will have on your ability to maintain or obtain meaningful employment, we must now consider the possibility of jail, including state prison.

Like all criminal offenses, whether a person accused of Drug Delivery or PWID will be subject to jail time can be determined by the gravity of the offense coupled with a prior criminal history or lack thereof. However, unlike most crimes, a person who has been accused of PWID and has no prior criminal history could face mandatory jail time, which could require the sentence to be served in state prison.

In PA, mandatory prison sentences could apply to accusations of Drug Delivery depending on the drug allegedly sold or possessed with the intent to deliver it, the weight of the drug, whether a gun was possessed at the time of the sale, and/or the location of the drug sale.

Weight mandatories are what they say they are -- a mandatory minimum sentence of incarceration based upon the weight of the drug. Additionally, the applicable mandatory minimum sentences for a particular drug can escalate based upon prior convictions for drug delivery and increased weight. For example, if you were convicted of selling 3 grams of cocaine to an undercover cop and had never been convicted of drug delivery before, the prosecuting attorney could assert a 1 year mandatory minimum sentence against you. In this hypothetical, even if you had a clean record your entire life, this could result in a 1- 2 years or more in state prison.

In addition to the risks of a potential weight mandatory, a person accused of Drug Delivery could face a School Zone Mandatory based upon the location of the sale. In PA, the law specifically outlines distances from schools, bus stops, daycares, and playgrounds that could implicate this type of mandatory minimum prison sentence and enhancement.

The final mandatory minimum sentencing provision related to drug crimes is triggered by the possession of a firearm at the time of the sale. If there is sufficent evidence to result in a conviction for drug delivery and that a gun was possessed during the commission of the offense, a 5 year mandatory minimum sentence could be imposed. If such minimum sentence was imposed, it would result in a minimum prison term of at least 5 to 10 years in a state facility.

At the end of the day, these are all penalties that you could face if convicted and dependant upon the specific nature and facts of your charge(s).

If you have been accused of Drug Delivery or Possession with Intent to Deliver in PA, it is imperative that you contact a knowledgeable and experienced PA Drug Defense Lawyer, who can evaluate your case and implement a personalized, strategic approach to address the accusations against you. Because once you have been charged with a Felony Drug Crime, the question becomes: how do I avoid these penalties and consequences?

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

Harrisburg/York Drug Possession Defense Attorney Answers: "What are the penalties or consequences for Possession of a Small Amount of Marijuana and Drug Possession in PA?"

Attorney Shawn Curry — Thu, 23 Feb 2012 16:52:00 GMT

The penalties and consequences for Possession of a Small Amount of Marijuana and Drug Possession vary depending upon the facts and circumstances of your case, which is why we handle your accusations on an individualized case-by-case basis with a personalized approach. However, generally, there are penalties and consequences that all persons facing such accusations could be subject to.

First and foremost, like any criminal accusation, a drug possession charge could result in a conviction. If you receive a conviction for a drug offense, this will result in a life-long blemish on the face of your criminal record. As such, this could negatively impact your ability to maintain your current employment or obtain future employ in certain fields or occupations. Given the current state of the economy and job market, a drug conviction is a strike against you that you don't need.

Second, upon conviction and depending upon your criminal history or lack thereof, you could face jail, probation, fines, costs, and other negative consequences.

Third, a specific and often overlooked or unknown penalty for a drug conviction is a license suspension. Further, from a license suspension standpoint, drug convictions are considered a recidivist offense. Essentially, the license suspension you are subject to can increase each time you are convicted of a drug offense. For example, the first time you are convicted of a drug crime, you would be subject to a 6 month license suspension. Upon a second conviction for drug possession, you could receive a 1 year suspension. Finally, for a third or subsequent conviction, you would face a 2 year license suspension. As such, whether or not the drug conviction itself precludes you from maintaining or obtaining gainful employ, the license suspension itself could impede the same.

When you have been accused of Possession of a Small Amount of Marijuana or Drug Possession, you need a drug defense attorney who has the knowledge and experience in handling these cases in order to mitigate, if not eliminate, some or all of the potential penalties or consequences you face.

In order to meet your objectives, we will develop a personal and strategic approach to provide a detailed evaluation and assessment of your options and the risks/rewards associated with the same. Was there an illegal seizure or search? Are there legal and/or factual defenses? Are there diversionary programs that may allow you to avoid a conviction and/or license suspension?

If you have been accused of drug possession, do not delay in obtaining an evaluation of your case. It is important that we become involved at the inception of your case beginning with the preliminary hearing. Contact a PA Drug Defense Lawyer for a free, initial phone consultation today.

Harrisburg/York Criminal Defense Attorney Answers: "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.

Harrisburg/York Criminal Defense Attorney Answers: "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.

Harrisburg/York Criminal Defense Lawyer Reflections: 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.

Harrisburg/York Criminal Defense Lawyer Answers: "Does the prosecuting district attorney in PA have to bring me to trial within 365 days/1 year?"

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.

Harrisburg/York Criminal Defense Attorney Reflections: 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.

Harrisburg/York Criminal Defense Attorney Answers: "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.