I am being prosecuted for Murder. It is a capital case; i.e. the District Attorney is seeking the death penalty. The District Attorney is trying the case herself. She is a cheater. She is trying the case in the media against the gag order from the Judge and the Judge won't do anything about it. I think the case should be transferred to another county so I can get a fair shake. The Judge denied my request for transfer to a new county. I asked my lawyer to file an appeal before trial. She said that the judge has to certify the appeal to be able to appeal in the middle of the case. She tells me the judge won't certify the appeal. I thought the if the DA wants to appeal they have to get it certified? I am not sure about any of this, but I want this case moved and this is a weird situation, is there any type of appellate remedy for this?
Yes, you can file a King's Bench appeal in the Supreme Court of Pennsylvania. This is an appeal where you can ask the Supreme Court of Pennsylvania to hear a matter instantly instead of going through the appeals process. The Supreme Court will rule immediately on the issue if King's Bench is granted.
I went to an event the other day with Supreme Court Justice J. Michael Eakin, he said that the court almost never grants King's Bench, even if the parties agree, but that death penalty cases are a type of criminal case that could get King's Bench.
Sunday, May 24, 2009
Gun in the House
The cops came in my house for an arrest warrant for a person other then me. They also had a search warrant for a gun. The cops told me that if I didn't tell them where the gun was located, they would tear-up the whole house then arrest me for the gun. I knew where the gun was located, I never touched it, my prints were not on it, and I didn't want to get locked up, so I told the cops where the gun was located. They were rude as shit to me. I was nothing but cooperative and helpful and they threatened me. Could they have arrested me if they found the gun and I didn't tell them where it was?
There are five different gun possessory offenses under the Violation of the Uniform Firearms Act (hereinafter "VUFA"): 1. Carrying the gun outside of your house without a license to carry; 2. Carrying a gun on the streets of Philadelphia without a license to carrry; 3. Possessing a firearm being a person prohibited by law to possess a firearm (ie felons can't have a gun); 4. Possessing a gun with an obliterated serial number; and 5. Possessing a gun that is stolen (a receiving stolen property theory).
If the cops come in your house and find a gun you can't be found guilty of the numbers one and two about because you are in your house. This seems like your situation based on the tone of your question.
However, numbers three, four and five are dependant on the term possession. There are three different types of possession: 1. actually on your person; 2. constructive possession; 3. indirectly on your person.
If the cops can show that you are a convicted felon, the serial number is blown-up, or the gun is stolen, and show that you are in possession of the gun, you can be prosecuted. Obviously, if you knew where the gun was located, you would have to make an arguement going to the finger prints.
There are five different gun possessory offenses under the Violation of the Uniform Firearms Act (hereinafter "VUFA"): 1. Carrying the gun outside of your house without a license to carry; 2. Carrying a gun on the streets of Philadelphia without a license to carrry; 3. Possessing a firearm being a person prohibited by law to possess a firearm (ie felons can't have a gun); 4. Possessing a gun with an obliterated serial number; and 5. Possessing a gun that is stolen (a receiving stolen property theory).
If the cops come in your house and find a gun you can't be found guilty of the numbers one and two about because you are in your house. This seems like your situation based on the tone of your question.
However, numbers three, four and five are dependant on the term possession. There are three different types of possession: 1. actually on your person; 2. constructive possession; 3. indirectly on your person.
If the cops can show that you are a convicted felon, the serial number is blown-up, or the gun is stolen, and show that you are in possession of the gun, you can be prosecuted. Obviously, if you knew where the gun was located, you would have to make an arguement going to the finger prints.
Friday, May 15, 2009
Can a Car be a Deadly Weapon
I am charged with assault in state court in Pennsylvania for running over a pedestrian with my car. My lawyer tells me that two types of assault require the District Attorney to show that I used a deadly weapon in committing the assault. I had no weapon on me, i.e. gun, knife, etc., but she says that my car is the weapon. Is this true?
Yes. Your lawyer is absolutely correct. You can be charged with Aggravated Assault as felony of the second degree if you either intentionally or knowing caused bodily injury to another with a deadly weapon. Also you can be charged with Simple Assault as a misdemeanor of the second degree if you negligently cause bodily injury to another with a deadly weapon.
The Superior Court and the Supreme Court of Pennsylvania have both held that a car can be the deadly weapon for the purpose of a conviction for assault as stated above.
Yes. Your lawyer is absolutely correct. You can be charged with Aggravated Assault as felony of the second degree if you either intentionally or knowing caused bodily injury to another with a deadly weapon. Also you can be charged with Simple Assault as a misdemeanor of the second degree if you negligently cause bodily injury to another with a deadly weapon.
The Superior Court and the Supreme Court of Pennsylvania have both held that a car can be the deadly weapon for the purpose of a conviction for assault as stated above.
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