Recent Blog Posts in 2010

    "Operation Clean Slate" will be taking place in York County on July 29 & 30, 2010, from 8:30 a.m. to 4 p.m., at the Bible Tabernacle Church, 361 South Pine Street, York, PA.

    According to the York County Sheriff's Office website, this program will be implemented by the York County Sheriff's along with the cooperation of the Office of the District Attorney and the faith-based community.  The purpose of "Operation Clean Slate" is to offer persons with outstanding, arrest warrants an opportunity to voluntarily surrender in a neutral and controlled setting. 

    "Operation Clean Slate" is a unique opportunity for individual's with outstanding warrants to resolve this issue that may be creating an undue burden on their lives.  For example, if you have warrants for unpaid parking tickets in York County in multiple jurisdictions, this may be an opportunity for you to resolve them all at once.  However, there may be people who have outstanding warrants for more serious criminal offenses.  For such people, the neutral and controlled setting presents an opportunity to safely surrender without incident.

     If you have outstanding warrants, you should discuss your specific issue with a qualified and experienced attorney prior to taking any steps that may place you at the mercy of the criminal justice system.  Contact Criminal Defense Attorney Shawn M. Curry of Colgan Marzzacco, LLC, at scurry@cmlaw1.com or call (800) 615-0115 to set up a free phone consultation today.

    In the landmark case of Miranda v. Arizona, the United States Supreme Court held:  "[A suspect] must be warned prior to any questioning [1] that he has the right to remain silent, [2] that anything he says can be used against him in a court of law, [3] that he has the right to the presence of an attorney, and [4] the if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires."  Miranda v. Arizona, 384 U.S. 436.  These words have become universally known as "Miranda Warnings" or "Miranda Rights."  However, due to two (2) recent United States Supreme Court decisions, the effect of these words and rights they give a suspect have been limited.

    First, in Florida v. Powell, No. 08-1175 (Decided February 23, 2010), the U.S. Supreme Court failed to provide a precise formula or express terms necessary for determining whether an officer's words adequately advise a suspect of his or her right to counsel.  In Powell, following an arrest, the suspect was told:  "You have a right to talk to a lawyer before answering any of our questions" and "[y]ou have the right to use any of these rights at any time you want during this interview."  Rather than follow what appeared to be the clear and consistent terms of Miranda -- "you have the right to the presence of an attorney" -- the Court decided to provide police discretion in how they advise a suspect of his/her right to counsel.

    Second, and one day following the Powell decision, the U.S. Supreme Court took the opposite approach in Maryland v. Shatzer, No. 08-680 (Decided February 24, 2010), when it created a 14 day bright-line rule as the length of time for which an invocation of one's right to counsel will stand following a release from custody.  As a result, merely exercising your right to remain silent and/or right to counsel does not have a lasting impact. Instead, any time the police attempt to engage a suspect in questioning, the individual should repeatedly re-assert his/her right to remain silent.

    The moral of the story:  If the police ever attempt to question you, do not rely upon them to clearly inform you of your rights.  Rather, immediately assert your Miranda Rights until you have the opportunity to speak with and be guided by a knowledgable and experienced Pennsylvania Criminal Defense Attorney.

Frequently, I receive calls from individuals who have been charged with some form of drug possession.  Many of these people I speak with did not actually possess the drugs on their "person" -- for example, in a coat or pants pocket.

Naturally, individuals charged under such circumstances inquire as to whether they can actually be charged with possessing the drug.  The simple anwer:  Yes, you can be charged with a crime.  However, the mere fact that the police are in the position to charge you with the crime of drug possession does not mean that there is sufficient evidence to prove your guilt beyond a reasonable doubt.

In an effort to set aside confusion concerning drug "possession," I have answered a few of the What Ifs I commonly receive from individuals who are charged with possession of a drug but did not actually possess the drug(s) on their person.

What if “I didn’t even have the drugs on me?”

Answer: Let’s assume you were pulled over in a traffic stop and a small baggie of drugs was in your center console where the officer could clearly see it.  Where the drugs are not found on a defendant’s person the prosecution must prove “constructive possession.”  In order to prove “constructive possession” of a drug, the prosecution must establish that the individual charged had both the power and the intent to exercise control the drug(s).

But what if “the drugs were in the car and there were other people in the car with me?”

Answer: The theory of “constructive possession” would still apply.  However, now, the prosecution would have to prove “joint constructive possession.”  Under the theory of “joint constructive possession,” two people may have joint control and equal access to the drug and, thereby, both may constructively possess it.  The prosecution can attempt to prove joint constructive possession based upon all the factual circumstances present in any particular case.

As mentioned above, the mere fact that police may be in a lawful position to charge you with a crime of drug possession in any of the above-scenarios, it does not mean that the police and prosecution will be able to prove you are guilty of that crime beyond a reasonable doubt.  Additionally, there may be search and seizure issues that you may be able to attack in defending your case.

The Pennsylvania Drug Defense Attorneys at Colgan Marzzacco, LLC, bring to the table the knowledge and experience necessary to defend your rights.  If you have been accused of a drug crime, there may be many questions that you need answered.  More importantly, based upon your limited contact with the criminal justice system, there may be many questions you do not even know to ask.  For example:  Was the traffic stop lawful?  Did the police have the right to search me or my car?  When the police entered my home, did they need a warrant?  Was my consent to the search voluntary?  These are examples of just some of the questions that can come up in a drug case.  Based upon the knowledge obtained through years of experience defending the rights of those accused of crimes, the Drug Defense Attorneys at Colgan Marzzacco, LLC, know the questions to ask so you can get the answers you need and deserve.

If you have been charged with drug possession, contact us for a free phone consultation today at 1-866-615-0115.

    You’ve been accused of a crime and now you are scheduled for a Preliminary Hearing.   What is it?

    Your Preliminary Hearing is your first court appearance, which occurs before a Magisterial District Judge.   It is what it says it is:   “preliminary.”   It is your initial opportunity to challenge the basic sufficiency of the prosecution’s case against you.  

    It is not a determination of guilty or innocence.   However, this fact should not trigger a person accused of a crime to take the Preliminary Hearing lightly.   In many cases, it is your first and best opportunity to lay the ground work to achieve your overall objectives.   Whether you intend to fight your charges or engage in negotiations in an effort to minimize the significant consequences you could be facing, you need an attorney with the knowledge and experience to prepare and execute a plan of attack to that end.
    
    If you have been charged with a crime, contact Criminal Defense Attorney Shawn M. Curry, Esquire, of Colgan Marzzacco, LLC, at scurry@cmlaw1.com or call (800) 615-0115 to set up a free phone consultation today.