Recent Blog Posts in March 2010 |
| March 19, 2010 |
| The WHAT IFS of Drug "Possession" Answered |
| Posted By Attorney Shawn Curry |
 |
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. |
|
| Continue reading "The WHAT IFS of Drug "Possession" Answered" » |
|
Permalink  |
| |
| March 16, 2010 |
| St. Patrick's Day DUI Checkpoints - Cumberland, Dauphin, & York County |
| Posted By Attorney Shawn Curry |
|
With St. Patrick's Day fast approaching, those choosing to celebrate this holiday by raising a glass of their favorite ale should anticipate aggressive DUI enforcement and DUI checkpoints from law enforcement.
The police know what we all know: St. Patrick's Day offers a right of passage or excuse for partying and drinking alcohol, which can easily become excessive as the party rolls on. Based on this knowledge, the police will seize the opporunity to aggressively enforce Pennsylvania's drinking and driving laws.
It is important for St. Patrick's Day partygoers to understand and anticipate the police response to this holiday. To that end, people who choose to party should make alternative arrangements for transportation as opposed to drinking and driving. If you are going to celebrate St. Patty's Day by attending a private party or bar and consume alcohol, you should select a designated driver prior to going out or call a cab.
Based on our firm's years of experience as PA DUI Defense Attorneys, we know the costs of a DUI can far exceed the costs of a cab. From a basic financial standpoint, mandatory minimum fines for a first offense DUI range from $300 to $1,000. For a second or subsequent offense, the fines alone escalate. This does not even consider the collateral costs that can result from mandatory jail time and license suspensions.
If you choose to celebrate on St. Patrick's Day and party, don't drink and drive. If you or someone you know is arrested for DUI on St. Patrick's Day or anytime, call a PA DUI Defense Attorney at Colgan Marzzacco, LLC, with offices in Dillsburg, Harrisburg, & York, and mention this blog: 1-800-615-0115. |
|
| Continue reading "St. Patrick's Day DUI Checkpoints - Cumberland, Dauphin, & York County" » |
|
| Permalink |
| |
| March 12, 2010 |
| A False Sense of Entitlement |
| Posted By Attorney Shawn Curry |
|
Due to the difficult economic times, it is easy for people to feel overworked and underpaid. Many people may feel that Big Business is taking advantage of the working class -- the rich are getting richer; the poor, poorer; and, the middle further skewed.
As a result of feeling undercompensated and unappreciated, it is easy to feel that rewarding oneself with some small "token" of appreciation -- free food or unused gift card -- is well-deserved and too little to be noticed. Unfortunately, it is this sense of entitlement that the law says is both false and criminal.
Under Pennsylvania law, the actions described above would be recognized as Theft By Unlawful Taking, which makes it unlawful to take the property of another with the intent to deprive the property owner of its use. Essentially, whenever you take an item from your employer or place of business, they are deprived of its use.
The penalties for the criminal charge of Theft by Unlawful Taking are dependent on the value of the property taken. With the right Pennsylvania Criminal Defense Attorney, even a person actually guilty of the crime, may be able to minimize the penalties they face. Separately, depending on the facts in any given case, an experienced and knowledgable attorney may be able to build a defense in order to fight your case.
If you or someone you know has been charged with theft or any criminal offense, contact Criminal Defense Attorney Shawn M. Curry for a free consultation by phone at 1-800-615-0115. If an in-office appointment is necessary, Mr. Curry can accommodate you with offices in Dillsburg, Harrisburg, or York, PA. |
|
| Continue reading "A False Sense of Entitlement" » |
|
| Permalink |
| |
| March 04, 2010 |
| City of Harrisburg Enacts Law Banning Cell Phones While Driving |
| Posted By Attorney Shawn Curry |
|
Recently, a law banning the use of cell phones while driving has been enacted in the City of Harrisburg, Pennsylvania. The police are now enforcing and issuing citations to those who are caught talking or texting on their cell phones while driving. The fines increase for each time a person is cited for the offense.
One of the issues that will need to be addressed by police seeking to enforce the cell phone ban is: Proof of Notice of the Law. Essentially, the police will likely have to prove that those charged with this offense knew that there was a law against the use of cell phones while driving in the City of Harrisburg.
However, currently, no signs have been posted in the city notifying drivers of the ban. As a result, police stopping drivers who are using cell phones may ask the driver if he or she knew of the law/ban. If you are stopped for using your cell phone while driving, do not admit that you knew of the ban and contact an attorney at Colgan Marzzacco, LLC, right away. |
|
| Continue reading "City of Harrisburg Enacts Law Banning Cell Phones While Driving" » |
|
| Permalink |
| |
| March 01, 2010 |
| What is a Preliminary Hearing? |
| Posted By Attorney Shawn Curry |
|
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. |
|
| Continue reading "What is a Preliminary Hearing?" » |
|
| Permalink |
| |