Defendants May Feel Pressure to Plead Guilty in PA Courts

December 18, 2012 by

Defendants in Courts in Northampton County are being encouraged to take a plea deal; some say they feel pressured to plead guilty before they even have a chance to see the state’s evidence against them.

Better Not Say No to the Judge Who Says: This Is Your Best Deal

What would you do if you appeared at your arraignment ready to plead innocent and the judge said: today “is the day you get your best deal,” and that your case should be resolved today? You might be intimidated to the point of taking the plea.

That’s what happened to Bryan K. Weaver. The young man reluctantly accepted a guilty plea to a road-rage charge in an Easton court at his arraignment. He said that he felt like he did not have a choice.

Arraignment is most often the first step in the court process, but for about 80 percent of those who are arraigned in Northampton County courts, it is the last step. This means that these folks are pleading guilty before they have a right to see the state’s evidence against them and before their attorneys or public defenders can seek to contest the state’s case.

Some people who think that the evidence is against them may believe that accepting a plea to a lesser charge is a great opportunity. However, they are literally giving up their right to even examine the state’s case against them and their right to trial. For those who would like to fight charges against them, is justice really being served?

The county adopted this approach about two years ago to deal with an overly packed case docket. Court administrators like this new approach, as it saves time and effort and has for the most part eliminated overcrowding in county jails.

In the case of Bryan Weaver, the 22-year-old recently accused of disorderly conduct, he said he was defending himself against a driver who ran him off the road and attacked him with a golf club, but instead of entering a not guilty plea, he accepted a guilty plea and his case was resolved.

He told another reporter, “They basically force you…they tell you that’s the best chance you’re going to get or you’re going to get a worse plea.”

What happened to innocent until proved guilty?

Protect Your Rights: Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Criminal Defense Tagged With:

No More Life in Prison for Teens Who Kill – PA Courts Need Act Soon

December 3, 2012 by

Pennsylvania courts will soon determine how to respond to the U.S. Supreme Court’s June ruling that it is unconstitutional for teens that kill to serve life sentences without the possibility of parole. Pennsylvania’ Supreme Court will hear arguments on September 12 in two cases that will likely determine how the court will resolve the plight of hundreds of other people who committed crimes as teenagers who are now serving out life sentences.

PA Has Nation’s Highest Number of Cases Involving Teens Who Kill Serving Life

Sadly, Pennsylvania has the nation’s highest number of cases involving teens that kill that have been sentenced to life without possibility of parole.

The two cases that will be heard before the Pennsylvania Supreme Court involve Ian Cunningham, who is serving a life sentence after being convicted of second-degree murder in Philadelphia. The second case involves Qu-Eed Batts, who was convicted of first-degree murder in Northampton County.

In Cunningham’s case, issues to be addressed include those sentenced to life who have exhausted all direct appeals. In Batt’s case, the justices have directed attorneys to address the appropriate remedy for teens who have been sentenced to life without parole.

There are 373 “lifers,” who were under 18 years of age when they were sentenced, says the Pennsylvania State Department of Corrections. Others estimate the number closer to 500. The Sentencing Project, a Washington, DC advocacy group says that our state has the most juveniles serving out life sentences of any state in the nation, at about 2,500.

In the two cases in question, Cunningham shot his victim during robbery in 1999. Batts, as part of gang initiation, allegedly killed one man and wounded another in 2006. He was just 14 years old.

Currently, it appears that 46 Pennsylvania prisoners were sentenced as juveniles before 1960, and one sentence stretches back to 1953.

A reporter who interviewed Batts’ lawyer, Philip Lauer, said, “It’s a heart-rending situation when you talk to some of these guys … Some of them have been in there since their really early teens, like barely into their teens.”

Appealing Juvenile Life Sentence: Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Criminal Defense, Juvenile Crime

Nearly 70,000 Vulnerable Pennsylvanians Cut Off From Cash Assistance

November 19, 2012 by

Nearly 70,000 Pennsylvania residents have lost their cash assistance benefits due to the state’s elimination of the program. While this step will save the state approximately $150 million a year, the question remains: how badly will this draconian step impact the most vulnerable among us?

GA Cash Program Served the Needy Since Great Depression

The GA program, as it is called, had served the needy since the Great Depression. Those who had qualified for General Assistance included sick or disabled adults without children, survivors of domestic violence, adult caregivers for another disabled or sick person, and those enrolled in drug or alcohol or other treatment programs.

Ending the $200 Monthly Assistance Causes Serious Difficulty

The program had provided people who couldn’t work with $200 monthly, hardly enough to live on in any case. Many people believe that getting rid of the program will hurt innocent people who are already having serious difficulties in their lives.

The program had been scheduled to end on July 1, but Democrats obtained a one-month delay so that the Department of Public Welfare could actually notify those involved of the upcoming benefit loss!

Petition to Reconsider Elimination of GA Program

Many who work with those dealing with disability or work compensation issues expect that CareerLink and Social Security system will be overwhelmed with applicants. A variety of groups, including the PA Cares For All coalition, have protected this move. The PA Cares For All Coalition has started a petition to recall this move and offers other resources on its website. State Rep. W. Curtis Thomas has called for the governor to reconsider this drastic step.

Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Uncategorized Tagged With:

Defendants May Feel Pressure to Plead Guilty in PA Courts

October 16, 2012 by

Football cornerback Aaron Berry was let go by the Detroit Lions after being arrested twice this past summer in Pennsylvania. Evidently the former Detroit Lions cornerback was arrested after pointing a gun at people from inside of a car and charged with three counts of simple assault.

Arrested Twice This Summer

Earlier this summer, he was arrested for driving under the influence of alcohol, when he allegedly hit two parked cars with his BMW. The Lions have seen seven players arrested in as many months.

Berry, who is now a free agent, was set to enter an alternative rehabilitation diversion program, a deal that would have expunged the DUI charges from his police record. However, due to the simple assault charges, the deal may not go through.

Suspended From Playing Three Games

Berry has also been suspended from playing three games due to violations in the NFL’s personal conduct policy, said a league source.

Berry has played with the NFL for two seasons, starting three games last season and just one in 2010.

Berry Says I’m Sorry…

Berry released a statement that said, “Words cannot describe how embarrassed I am right now. I’ve let my family, my teammates, my coaches and the entire Detroit Lions organization, including the fans down and I’m so sorry…. I hope to be able to help some team … win games as I continue to grow as a father, friend, teammate and into the man I want to be.”

Unfortunately, the impact of these arrests may have a permanent impact on this talented young man’s future. If you have been arrested for simple assault, DUI, or any other criminal charge, it is important to take steps to protect your rights immediately so you can limit the fallout and defend your freedom.

Protect Your Rights: Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: Criminal Defense Tagged With: ,

The Fallibility of DUI Blood Tests – PA

September 26, 2012 by

Blood tests that measure alcohol level are considered stronger evidence than breath tests. Is this really the case? Are these DUI blood tests reliable? The answer is: sometimes.

DUI Blood Test Errors

There are many ways to challenge the accuracy of a DUI blood test. For example, there can be issues involving inappropriate handling of the blood sample, incorrect calibration of the blood-alcohol testing machine, lack of competence on the part of the lab technician who administered the test, or even a question of accuracy as to whose blood sample was taken.

The prosecution must prove that the blood sample was handled appropriately and according to procedure. Prosecutors must also prove that the machine was in good working order and that the test was administered by a qualified operator.

Machines Break Down. Humans Make Mistakes. Fight Your DUI.

Since machines do break down and humans do make mistakes, there is a chance, no matter how small, that the blood test may not be reliable. If you have been accused of a drunk driving charge and accept the results of a test like this without knowing the nuances and technology behind these machine tests, you may be passing on an extremely effective way to defend against drunk-driving related charges.

Contact an Experienced DUI Defense Attorney in PA

If you have been arrested for a DUI in Pennsylvania, the stakes are too high for you not to fight the charges.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Filed Under: DUI Tagged With: ,

Protests at DUI Checkpoints

September 12, 2012 by

Protestors are taking action against the controversial use of police sobriety checkpoints in Pennsylvania. The protestors, who are named the Valley Forge Revolutionaries, recently protested along Route 611.

Among the signs they held were:

  • Big Bro Is Watching
  • Cops Ahead Exit Now!

The group was founded in 2007 with the goal of nullifying police checkpoints. A recently scheduled July 6 protest was staged at Abington Memorial Hospital and Old York Road. Another nullification event took place on June 15.

Essentially, the group members spread across sidewalks a few blocks from the police sobriety checkpoint. They warned drivers of the upcoming DUI checkpoint.

A video of that area on the evening in question shows that many motorists turned around after seeing the protestors’ warnings.

At issue say the demonstrators, is the violation of the Fourth Amendment. This amendment protects U.S. citizens against unreasonable searches and seizures. There is no probable cause to stop someone at a DUI checkpoint, thus the group considers these checkpoints unconstitutional. In fact, the stops are arbitrary, they say.

The founder of the Valley Forge Revolutionaries, said “Every year, thousands of innocent victims fall prey to…” these unlawful police tatics. Additionally, he notes that the checkpoints do not work and also are not cost-effective.

Arrested for DUI? Contact an Experienced Pennsylvania DUI Defense Attorney

If you have been accused of a DUI, including a DUI with a minor passenger in the car, the law office of Laguna Reyes Maloney LLP can aggressively protect your rights and your freedom.

Please call to schedule a free initial consultation with an attorney in our Harrisburg, PA, office: 717-233-5292. You may also email us to schedule your appointment.

Filed Under: Criminal Defense, DUI Tagged With: , ,

Laguna Reyes Maloney, LLP, Handles a Local, High-Profile Criminal Case

August 29, 2012 by

If you follow local news in our area, you may have read about two police officers accused of a late-night assault in Altoona. Firm attorney Roger Laguna represents one of the police officers in what promises to be a difficult case.

The facts of the case have been presented in the media as follows. A year and a half ago, a bar patron allegedly sexually assaulted a woman in an Altoona bar. The alleged victim is married to a police officer, who was in the bar at the time with a colleague. Following the alleged sexual assault, the two police officers are alleged to have responded by assaulting the offender in the bar’s bathroom. Another patron allegedly intervened and was also allegedly assaulted by the police officer in the altercation. For more information, read extensive coverage as reported in the Altoona Mirror.

The case is riddled with complications and questions. For instance, basic facts of the case are disputed, including:

  • Did one or both police officers participate in the alleged assault?
  • Did the first alleged victim encounter the allegedly assaulted woman at all prior to the alleged assault in the bathroom?
  • Did the police officers involved try to cover up the alleged incident as prosecutors claim?
  • Did the first male alleged assault victim lie to a grand jury about the alleged sexual assault?

Lawyer Roger Laguna of Laguna Reyes Maloney, LLP, has waded into a very complicated case and is casting serious doubt on the allegations. For instance, he pointed out that neither of the prosecution’s key witnesses claims to have observed his client strike either alleged assault victim.

Mr. Laguna is a former police officer well equipped to handle this complex case and others. If you have been charged with a crime in Harrisburg or anywhere in central Pennsylvania, contact Laguna Reyes Maloney, LLP, for experienced legal assistance. Call 717-233-5292.

Filed Under: Criminal Defense, Sexual Assault Tagged With: ,

Juvenile Murderers May See a Second Chance

August 14, 2012 by

Pennsylvania can no longer mete out mandatory life sentences for juveniles who have committed murder. The U.S. Supreme Court’s recent decision has nullified this harsh practice. The case Miller v. Alabama, decided by the Court on June 25, made it unconstitutional for those under the age of 18 to receive life in prison without possibility of parole.

Questions abound about how this impacts juveniles already convicted of murder who are serving life sentences. Does this mean that Supreme Court’s decision needs to reach back retroactively to all juveniles who have been convicted of murdering and who have received a life sentence without parole possibility? Will those who have been jailed for many years now be eligible for parole?

The Pennsylvania Judiciary Committee recently heard testimony on this topic from lawyers and from advocates for juvenile prisoners and for victims’ rights. When the Pennsylvania Senate reconvenes in September, it may potentially address this issue.

Pennsylvania Ranks Highest in Nation for Imprisoning Juveniles for Life Without Parole

Sadly, Pennsylvania is first in the nation for imprisoning juveniles without the possibility of parole. According to Department of Corrections Data, state prisons are holding 380 inmates without parole from murders committed when they were under the age of 18. This accounts for 16 percent of about 2500 juvenile inmates imprisoned nationwide without possibility of parole.

Taxpayers Foot Bill of $1.7 Million Dollars for Those Imprisoned for 50 Years

Forty-one of these former juveniles imprisoned for life are 25 or younger. It costs the Department of Corrections $34,000 annually to care for an inmate. A life sentence that ends, say, after 50 years in prison will cost taxpayers $1.7 million. It might make sense to rehabilitate, rather than punish for life.

Talk With an Experienced Pennsylvania Criminal Defense Attorney

If you have a juvenile who has been arrested for a serious crime, or if you have been accused of a serious crime, the law office of Laguna Reyes Maloney LLP can aggressively protect your rights and your freedom.

Please call to schedule a free initial consultation with an attorney in our Harrisburg, PA, office: 717-233-5292. You may also email us to schedule your appointment.

Filed Under: Criminal Defense, Juvenile Crime, Murder Tagged With:

DUI With a Minor Passenger

July 27, 2012 by

The crackdown on people convicted of DUIs just became even more intense. On July 9, 2012, a person arrested for driving while intoxicated (DUI), when there is a minor occupant in the car will suffer enhanced DUI penalties on conviction.

Pennsylvania lawmakers created the new drinking-and-driving connected offense to further deter drunk drivers. Act 39, as it is called, makes it a first degree misdemeanor for anyone convicted of DUI who had a minor in the car as a passenger at the time of the arrest. This charge is in addition to the initial DUI charge. The law amends Title 75 of the Pennsylvania Consolidated Statutes that relate to vehicles.

Penalties for DUI When There Is a Person Under 18 in the Car

The new drunk-driving offense comes with it own set of steep consequences. A first-time conviction of DUI with a minor passenger, which is anyone under the age of 18, will cost at minimum $1000 in fines and a community service sentence of 100 hours. A second DUI conviction with a minor in the car will cost you a minimum of $2500 in fines along with a one to six month prison sentence.

Senator John C. Rafferty, Jr., Senate District 44, introduced the “minor in the car” bill. Prosecutors have long been inclined to seek steep penalties for those arrested for DUI with a child in the car. Now the law backs them up.

Those convicted of a DUI with a minor in the car will not be eligible for the Alternative Rehabilitative Disposition Program (ARD). ARD is a sentence diversion generally available, for people who are dealing with a first-time DUI conviction.

Talk With an Experienced Pennsylvania DUI Defense Attorney

If you have been arrested for DUI with a minor passenger in the car or are facing any other criminal charges, the law office of Laguna Reyes Maloney LLP can aggressively protect your rights and your freedom.

Please call to schedule a free initial consultation with an attorney in our Harrisburg, PA, office: 717-233-5292. You may also email us to schedule your appointment.

Filed Under: Criminal Defense, DUI Tagged With: , , , , , , , ,

Homemade Explosives and Homemade Bombs

July 13, 2012 by

Charges and Penalties in Pennsylvania Under State and Federal Laws

It is difficult to understand your rights regarding making and possessing bombs and other explosives in Pennsylvania and in other states. Of course it is illegal to detonate an explosive in most situations. But can just making or owning a bomb bring legal problems?

Each case will vary depending on many factors but, generally, owning and making bombs is illegal in Pennsylvania and in other states as well. This is true even with bomb building done as a joke or prank. Depending on the circumstances of a given case, alleged perpetrators can face federal and/or state charges.

In addition to laws against making and setting off explosives, it is also illegal to distribute information regarding building explosives relating to a committed or intended federal crime. In fact, you can go to prison for up to 20 years and face a fine of up to $250,000 if convicted of passing out information relating to bomb building.

If you face criminal charges regarding weapons or the building or making of a bomb or other explosive in Pennsylvania, contact the experienced criminal law defense attorneys of Laguna Reyes Maloney, LLP.

We have handled numerous cases involving weapons and bombs and can protect your rights by providing knowledgeable legal help. For instance, if you were charged with distributing information regarding bomb making, we can determine whether you were simply using your First Amendment rights. If you were charged with actually building or using a bomb, we can investigate your case and provide aggressive representation. Our legal team includes a former police officer who knows about the tactics used by police and other government officials.

The first step in fighting criminal charges is consulting with an experienced lawyer. To contact Laguna Reyes Maloney, LLP, call 717-233-5292.

Filed Under: Criminal Defense, Federal Weapons Charges, Firearm Violations Tagged With:

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