The show hosts, Patrick T. Doherty, Esq. and professional radio host Joe Dougherty, enjoyed a lively discussion with Mr. Alston. The program discusses unique aspects of ThePhillyLawyers and our legal team—Emmett Madden, Andrew Alston, Megan Harkins, and Mindy Torjman.
Enjoy a listen here to get a sense of how ThePhillyLawyers is different from other law firms.
ThePhillyLawyers brings a personalized approach to client representation. We really get to know our clients. We learn about our clients’ individual, human stories. While our representation is typically sought out after an individual suffers an extreme life event, we dig deeper to understand that one event is not the full story. Our holistic approach means that we walk in the shoes of our clients. We invest time and energy in learning about our clients—their backgrounds, their present conditions, and their future aspirations. What barriers exist and how can we reduce the barriers to get our clients to where they wish to be. We get to know their families, their suffering, their conditions, and we come up with creative ways to help make their lives better. Each of our clients brings a human story. We listen, we ask questions, we investigate. And then we bring our clients’ human story alive through our dynamic and creative representation.
We use our personalized approach to win the highest possible settlements or trial judgments in civil personal injury cases. Similarly, we use this personalized approach to secure justice for our criminally charged clients.
With our client-centered approach, not only do our clients feel seen and understood, but our understanding helps affect the best possible outcomes for our clients. When we think about doctors, we frequently talk about the doctors’ bedside manner. How does the doctor interact with their patients? Does the doctor rush in, do a cursory examination, and then rush to a judgment without ever really listening to his/her patient and learning their history? Does the doctor miss issues or give incorrect diagnoses? Certainly, no patient who wants the best medical outcome should work with a doctor with a poor bedside manner. Similarly, in our legal representation, ThePhillyLawyers prides ourselves on having the best bedside manners. We are relatable and compassionate. We are accessible and trustworthy strategists. We earn our clients’ trust from the beginning, and, after the legal issue is resolved, we have earned our clients’ praise.
ThePhillyLawyers brings persuasive, cutting-edge use of visuals to our client representation. Mr. Alston was also asked to talk about ThePhillyLawyers unique use of visuals in the courtroom. We are the forefront of the persuasive use of visuals. In fact, Mr. Alston is frequently invited to lecture on these topics at legal advocacy programs—such as the National Institute of Trial Advocacy—and various continuing legal education programs and law school trial advocacy programs.
ThePhillyLawyers brings its unique approach of thorough preparation and top-level advocacy to client representation. Another topic explored during the radio program was how clients will do best to hire the most talented and most persuasive attorney rather than the most (paid-for) advertised. The bought-and-paid-for billboard and television advertisements by certain law firms claiming to be the most aggressive or the largest or some other superlatives about the biggest cash recoveries for other clients are ridiculous claims. That is, such claims have nothing to do with helping the individual clients suffering catastrophic personal injuries.
When an injured person is trying to find “the right lawyer” it is very difficult for injured people bombarded by over-advertised personal injury attorneys/firms to really find the right lawyer for them. As the program discusses, an injured person should pause and consider what they really need. That is, what will best serve your individual client interests? A big billboard or television commercial will do nothing to get you what you need. Rather, what a seriously injured client needs is to hire the law firm that will best-know each individual client’s life story and apply the appropriate skills to win the best outcome. The skills needed are high-level legal representation based in thorough preparation, top-quality writing, talented oral advocacy, and persuasive visuals. That intelligent recipe is exactly what ThePhillyLawyers, as a boutique firm, consistently brings to our clients.
Check out our 5-star reviews on Google to get a sense of our satisfied clients. If you, or your family member needs our services, call ThePhillyLawyers today at (215) 884-9300.
Recently winning a jury trial for rape charges in Philadelphia was a proud victory for us. We knew our client was innocent. Given the political climate, the odds were against us. And, of course, with a young man’s freedom on the line, the stakes were high. But we were able to relentlessly advocate to achieve a full acquittal. And now, we are very proud to share that we won another very similar case in Delaware County this month.
Be wary of any lawyer who claims to win all their trials. As others have put it, “that’s how it is with legends. The greater they sound, the more [they] must’ve left out.”
However, in terms of real case outcomes, we know from the data that once sexual assault or rape charges are brought, it is very difficult for the accused to prevail. But lo-and-behold, ThePhillyLawyers is proud to share some reflections and takeaways from our most recent college campus rape trial.
What we have found is that in our current political environment, i.e., the #MeToo movement, the police and prosecutors seem afraid not to charge a man whenever a woman makes a claim against a man. Based on recent cases we have handled, and studying the trends, we have found this typing of criminal charging—even after the police/prosecutor only hears one side of a story—occurs frequently on college campuses.
Also, from what we have learned from our cases, while there is no one reason that can be stated with certainty, the mixture of college students engaging in adult behaviors with partners who they often only just met, along with the combination of alcohol, frequently results in consensual sexual encounters that are later regretted.
When a consensual encounter that is later regretted gets reported as a sexual assault or rape, and when the police and prosecution accept the accuser’s version with no corroboration or real physical evidence, it leads to charging innocents. In these scenarios, we have seen that the police engage in what social scientists call confirmation bias, i.e., they essentially ignore any evidence that does not support their guilt-laden narrative.
In one of our recent cases, the prosecutrix alleged rape when she felt rejected by our client who lost interest in her after their sexual encounter. In another of our recent cases, the prosecutrix alleged sexual assault as a “medical reason” in order to get refunded her tuition money and better academic record for a semester that she would have otherwise forfeited tuition for and failed academically when she was beyond the withdrawal deadline for the semester.
In both cases, we thoroughly investigated the matters and brought to light a number of disinterested witnesses—who the police and prosecutors had actually failed to interview. These witnesses shared with us critically important information that showed us that the sexual encounters were actually consensual. In these two recent cases, the police/prosecution had failed to investigate thoroughly or ignored the disinterested witnesses’ evidence, which did not support a guilt-laden narrative. Such “stacking the deck” or negligent investigation is inexplicable.
Based on this culture of police and prosecutors unquestioning acceptance of a complainant’s version, these rape and sexual assault charges are frequently brought against innocent young men. And we have noticed that at trial the prosecutor clings tightly to a certain Pennsylvania jury instruction that basically stands for the proposition that a jury can convict a defendant in these types of cases based upon the uncorroborated testimony of the accuser. There are, however, many other jury instructions that require the jury to more closely scrutinize the prosecution’s case.
Because of our independent investigations in both cases, and our scrutiny and challenge to the prosecutions’ narratives, we’re proud to share this second, recent favorable outcome in a college student sexual assault trial.
After the relief of the outcome sunk in, our client shared with us that he is “so thankful for you guys. I’ve been visualizing this day/feeling for the past 2 ½ years and it’s even better than I can even imagine.” In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
What does a “Petition for Expungement” mean and why should I file one?
If you have been arrested and the charges were withdrawn, dismissed, Nolle Prossed (dismissed by the District Attorney), you have completed ARD (Accelerated Rehabilitative Disposition), or found Not Guilty, your criminal record associated with this docket number will still be out in the universe for all to see, indefinitely. These charges will still appear on any criminal background check of your name or social security number. A criminal record will cause major difficulties when filling out a rental application, applying for a job, entering the military, applying for a credit card, and a host of other scenarios. The only path to a clean criminal record is the filing of a Petition for Expungement.
The courts are not required to remove or expunge your criminal record once your case is resolved, even if your charges were dismissed, withdrawn, or Nolle Prossed. These charges will still appear on all criminal background checks even if you have completed ARD or were found not guilty by a jury or a judge.
Why do I need to file this petition? Because you need a clear criminal record. A Petition for Expungement is a motion filed with the Clerk of Courts in the county of the arrest. Once granted, your entire criminal record associated with your specific docket number is removed and destroyed from the Unified Judicial System of Pennsylvania. All charges relating to this particular docket number are wiped clean from the system and the entire matter is removed. Any agency involved in the original charges is ordered by the Court to remove this docket number from their system, certify this removal and the physical destruction of the file. The local court and police department where the charges originated are ordered to destroy your file. The District Attorney’s Office and the Administrative Office of Pennsylvania Courts are also notified and ordered to remove your record from their database. Even the Pennsylvania State Police are so ordered.
ThePhillyLawyers have filed hundreds of Petitions for Expungement for their clients. It is a simple and painless process with extraordinary results… a clear criminal record. Although the process may take a few months to conclude, a Petition for Expungment is the only path to a clear criminal record. There are, however, some charges that cannot be expunged or may require a five-year waiting period to file. Please call ThePhillyLawyers and see if your charges can be expunged so you can have a clear criminal record.
Paul was a college student at Temple University. (Name changed for privacy.) Paul excelled in his studies, his service work, and his social life. Others on campus viewed Paul as a popular, good-looking young man teeming with potential. But two years ago, his life was turned upside down.
After meeting another college student, Paul had a consensual sexual relationship with that newly-met, female college student. But after the relationship, the female college student reported the encounter as rape and sexual assault.
The police assigned a detective. Even though the detective failed to speak with important witnesses, visit the scene, or conduct other important investigation, the detective obtained an arrest warrant for Paul. When the detective called Paul, who was in class at the time, Paul’s initial thought was that it was a SPAM or prank phone call. Unfortunately, this was the start of Paul’s nightmarish reality. Paul and his family have lived in terror knowing the potential jeopardy Paul faced due to these accusations.
Sadly, sexual violence, sexual assault, and sexual misconduct are rampant on university and college campuses. See, for example, Sexual Misconduct survey results released for all Penn State campuses showing 19.6% of undergraduates and 7.7% of graduate/professional students at University Park reported being the victim of at least one instance or attempt of sexual assault. Similar numbers are reported on campuses throughout Pennsylvania. These numbers are startling and terrible.
While such assaults are tragic when they occur, another horrible reality is that sometimes there are false reports of sexual assault. That is, also sadly, false accusations of rape and sexual assault also occur. Statistics vary on the prevalence of false reports of sexual abuse (some studies estimate as low as 2% to 10%) but those numbers are much more difficult to determine. Unfortunately, such a false report was exactly what occurred in Paul’s case.
Paul’s family was paralyzed with the news, and Paul suffered all sorts of collateral consequences from the accusation while he waited almost two years for his trial. Paul’s family needed help.
Paul hired ThePhillyLawyers to defend him against the accusations. ThePhillyLawyers, attorney Emmett Madden and attorney Andrew Alston, thoroughly prepared and investigated pre-trial and then vigorously defended Paul at his jury trial. After cross-examining the prosecution’s witnesses, we presented extensive fact and character witnesses. We showed the jury what the police and prosecution had not. We investigated. While it is not the defense’s burden to prove innocence, by the conclusion of the trial, we had, in fact, proven Paul’s innocence.
The jury returned a verdict. Not guilty of all charges. Paul is now a free man without having living in terror at the thought that his freedom may be snatched away from him. With the jury’s verdict, he and his family could finally start to heal. We were able to achieve justice so Paul and his family can finally start to heal.
The following was written by an observer who watched the trial. She posted the following five-star review on our Google page. We’re proud to share her feedback:
I had the privilege of sitting in on a 3-day criminal case and saw first hand how brilliantly both Emmett and Andrew fought for the rights of my close family friend, ultimately resulting in a deserved “not guilty” verdict. Particularly, I was impressed with Emmett’s relentless cross examination of the plaintiff, resulting in her finally admitting truth she was withholding. Andrew was also extremely skilled in cross-examination and delivered a very passionate and well-planned closing argument that tied together the most crucial nuances in the case for the jury to more easily result in a “not guilty” verdict. These attorneys treated their client as their own family member, and fought for his rights as if he was. His case was taken seriously from beginning to end and I highly recommend these two attorneys.
In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
In the past, for a conviction of any offense under a Federal, Pennsylvania State, or other state’s-controlled substances law, in addition to any other penalty, e.g., jail, probation, etc., a person would also suffer the additional penalty of a driver’s license suspension.
That is, after a person with a drug-related offense was prosecuted in criminal court, Pennsylvania’s Department of Transportation (PENNDOT) would then impose a mandatory minimum 6-month driver’s license suspension.
Often, in those circumstances, individuals were not even made aware of that additional civil penalty—the driver’s license suspension—until after being later cited for driving without a license (that they did not know was even suspended). That state of the law created reentry barriers and added hidden civil consequences to criminal prosecutions.
The law, Section 1532, which is found in Title 75—Pennsylvania’s Vehicle Code—was changed in 2019 to eliminate driver’s license suspensions for drug convictions. This month, Section 1532 changed again when the Governor signed, on November 3, 2022, a new version of the law. The new version of Section 1532 eliminates the drug-related driver’s license suspensions retroactively.
This means that for old drug conviction-related driver’s license suspensions that are still pending, now those are to be adjusted as if the driver’s license suspension penalty was canceled. The result is no driver’s license suspensions for new, and old, drug convictions. This is great news for countless drivers! If you need assistance with drug-related, or any other criminal charges, call us to learn how ThePhillyLawyers can help you at 215-884-9300.
Because of the seriousness of Driving Under the Influence (DUI) charges, there are certain mandatory minimum penalties that are established by the legislature. And when it comes to drugs in a person’s system, such mandatories can be lengthy.
For instance, with a second offense DUI that is in the highest rate category—this means any drugs in a person’s system—such an offense carries a mandatory minimum penalty of 90 days to 5 years’ incarceration, an 18-month driver’s license suspension, and a number of other serious penalties.
One of our clients, Cynthia (name changed for privacy), came to us with exactly that situation—a highest tier 2nd offense DUI. So to Cynthia, her case appeared hopeless. She believed she would have no other choice but to accept the mandatory minimum jail and license suspension penalties. And for Cynthia this would have meant that she would have been separated from her teenage daughter, terminated from her job, taken from her family, and removed from her home.
As soon as we were retained to represent Cynthia, we began working on her case. We did not just accept the “mandatory” penalty. Instead, we thoroughly investigated her case to figure out how to improve her position.
What we first determined was that her aggravating prior offenses, which made this a 2nd offense, was almost outside of the 10-year lookback window. This created an opportunity for us to challenge the offense number.
Next, we studied all of the discovery in the case and determined that the reason she was pulled over was due to very minor driving imperfections. That is, based on our review of the evidence and the videos, we were able to show that her driving was not unsafe, and did not justify the police stopping her car.
Finally, we analyzed the laboratory blood results, which at first glance “proved” she was DUI under Pennsylvania law. But we did not stop there. After our thorough study and challenge to the lab report, we established that her blood alcohol level was actually below the legal limit, she had no active drugs in her system, instead, only inactive drug metabolites were present.
We also performed what’s called a mitigation investigation. That is, we investigated and learned about Cynthia’s personal story. We learned about how she cares for her sick parent and is a great mom to her teenage child. We looked into her educational and employment history as well as a number of other aspects of her life, which are unique to her. With all of that information, we were able to help explain what had occurred and why she did not deserve the otherwise mandatory penalties. In criminal defense representation, mitigation investigation is a very important tool to help effect the best possible outcome for the accused.
While the above is only a snapshot of our efforts, the most important part is that we were able to secure a result for Cynthia that included no jail time and no license suspension. Because of this result, Cynthia was able to hold onto, and continue in, her relationship, her job, and her home and family life.
The way we practice—as we share through Cynthia’s story—is the way that we are proud to defend our clients against criminal charges. All our clients have a story, a story which they deserve to be told.
Freedom is the most precious gift in life. When freedom is threatened, or lost, due to criminal charges, the person charged needs a lawyer with experience who will invest the time, energy, creativity, and resources necessary to defend the accused.
Because of the seriousness of certain criminal charges, securing release on bail can be difficult, or in homicide cases, impossible. When the most serious crimes are charged—such as first-degree murder—the stakes are so much higher. Even when a person is innocent of those charges, being charged with such serious crimes is very scary. The person gets taken into custody, denied bail, and waits years for trial.
When Luis Sierra was charged with a cold-case-first-degree-murder charge relating to a missing person some 45-years ago, he contacted R. Emmett Madden at ThePhillyLawyers.
By scores of character endorsements from family members and friends, Luis is a great father, grandfather, and positive member of the community. He has absolutely no prior criminal record. And he led an exemplary life as a hard-working public servant. After his career in public service, he retired and was enjoying time with his family.
But unfortunately, and without sufficient evidence, the police charged Luis with first-degree murder for an alleged missing person and murder from sometime in the 1970’s. Certainly, such a scenario is a nightmare for anyone—the stuff of movies, documentaries, and podcasts.
By way of background, first-degree murder charges were crimes for which a person, once charged, was legally denied bail. That meant that even though a person is presumed innocent, and even if a person is innocent, a person charged with first-degree murder is jailed waiting—sometimes for years—for their trial, without bail.
Although that was the state of the law, we filed bail motions and aggressively pursued Luis’ bail release because we believed the law was wrong. In Luis’ case, his good character spoke volumes about his innocence. And we cited our Pennsylvania Supreme Court’s cases such as Com. v. Neely, (noting that “to offer evidence of an otherwise unblemished life is not a plea of mercy. It is, in fact, to be weighed against any present allegation to the contrary. Character evidence may give a name to damning combinations different than what they seem, and be the truth that sets one free.”) And we argued specific caselaw and release criteria factors directly applicable to the appropriateness of Luis being released on bail.
We also relied on our Pennsylvania Supreme Court’s reasoning in Com. v. Talley, to point out the prosecution’s insufficient evidence, failure of proof, and the lack of evidence of any dangerousness—all of which we argued justified Luis’ release on bail. Fortunately, the court agreed, and Luis has been released on bail and is now home. A remarkable result.
The way we practice—as we share through Luis’ story—is how we are proud to defend our clients. Freedom is the most precious gift in life. When freedom is threatened, or lost, because of criminal charges, the person charged needs a lawyer with experience who will invest the time, energy, and resources necessary to defend the accused.
Thirteen years ago, Joseph’s nightmare began. Behind a McDonald’s restaurant, three men attacked Joseph. The three attackers—all white men—had prior criminal records for drugs and thefts. Joseph, however, was a proud father and husband, and led a crime-free life. While racism and implicit bias are key issues today, thirteen years ago, they were more present and less discussed. Joseph, an undocumented Haitian immigrant, was disbelieved when he told police he acted in self-defense. Joseph explained to police that when the three men tried to rob him, he used a bat to defend his life. And even though Joseph had no criminal record, was employed full time, was a husband and father, the police didn’t believe Joseph. Because the police went with the three men’s story, Joseph was charged with robbery and aggravated assault.
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