Emmett Madden is excited to have been appointed to the Montgomery County Public Defender advisory board. He is hoping to contribute to building a strong public defender office, and helping to raise the standards county wide for public service and criminal defense.
Below is a multi-page article from The Pottstown Mercury:
Advisory-boardBecause 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.
John stopped at a stop sign on his drive home from work. Another driver slammed into the rear of his car.
Prior to this accident, John was a hardworking, skilled tradesperson who had worked for over two-decades in his trade. But because of his accident injuries, he was out of work for months.
When John was out of work, it put significant financial strain on his family. Even though he diligently tried to return to work, the accident-related injuries simply would not allow it—he physically could not do what he could do before.
To help John and his family, we aggressively pursued John’s personal injury claim. We investigated the accident. We also made sure he received the best medical treatment and that all his bills were paid.
From the start, we prepared our case as if we were going to a jury trial—sparing no effort or expense—to make sure John would get the relief that he needed.
We gathered all medical records, and we retained the best experts to prepare reports that accompanied our organized and persuasive pre-trial settlement packages.
Our settlement packages are unlike other lawyers’ settlement packages in that we put significant work in at this early stage. We use persuasive images, medical art, and expert reports with our settlement packages. And in John’s case, we even used professional videographers to create a ‘day in the life’ video to capture how the accident injuries changed John’s life.
While our unique approach would have achieved a settlement in most cases, John’s case had two particularly tough sticking points that caused the defendant’s insurance company to persistently refuse to compensate John, even though we had proven that John was entitled to a substantial settlement.
As we got closer to trial, we continued investing time, effort, and resources to prepare John’s case. What became clear is that the defendant’s lawyer, and the defendant’s insurance company, understood we were well-prepared, were serious about securing justice for John, and that we would not give up.
Because of our approach, we ultimately achieved a substantial six-figure settlement for John and his family. Such a substantial award—whether through settlement or trial—is uncommon in Bucks County personal injury cases.
The way we practice—as we share through John’s story—is the way to win a large pre-trial settlement, i.e., show your opponent you are prepared for a jury trial and just keep working until justice is secured.
If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, and the other driver’s insurance company, accountable to achieve justice and proper compensation for you.
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.
ThePhillyLawyers is pleased to announce that Gabriela M. Soto Cotto will be our Summer 2022 intern.
Gabriela was selected by Montgomery Bar Association’s (MBA) Robert E. Slota, Jr. Diversity Internship & Development Program. The MBA Program Diversity Resources & Initiatives (montgomerybar.org) is a competitive program featuring highly talented and under-represented law students for the second Summer. ThePhillyLawyers has been a proud sponsor and host for the MBA Diversity Internship & Development Program for several years, and we are very excited to have Gabriela with us this summer!
Gabriela is a rising second year law student at George Washington University Law School. As a law student, she is the representative for the Latin American Law Student Association, and she is a member of several other organizations. Prior to law school, Gabriela graduated summa cum laude from Suffolk University in Boston, MA with a bachelor of arts in politics, philosophy, and economics, and a minor in business law. While at Suffolk, Gabriela served as a Spanish tutor and was a class senator in student government. Gabriela interned at Sierra Club, the USPTO, and the Boston Leadership Institute. She also has experience as a legal assistant for a law firm in San Juan, Puerto Rico. Please join us in welcoming Gabriela as ThePhillyLawyers Summer 2022 intern!
ThePhillyLawyers is happy to report another record breaking, first quarter for 2022. With over a million dollars in settlements, our clients are raving.
In other exciting news, Attorney Andrew Alston has joined the firm and we have a completely new site. The new site was designed with simplicity, visual appeal, and greater user experience in mind. Included are stories from some of our cases. Everything you need to know about our winning team of Personal Injury and Criminal Defense litigators is a click away.
The law firm of ThePhillyLawyers is pleased to announce that Andrew Alston is our newest member.
“Before I invited Andrew to join ThePhillyLawyers, I got to know Andrew in the courtroom and in the community. I found him to be an excellent trial attorney and an honorable lawyer. He is a good person who cares about, and fights for, his clients. Because of his talent in, and outside of, the courtroom, we invited Andrew to be a lawyer on our team,” said R. Emmett Madden.
Andrew primarily represents clients in personal injury, criminal defense, and general litigation cases.
“I’m excited and honored to join ThePhillyLawyers. I know Emmett and ThePhillyLawyers provides top quality, client-focused representation. I’m looking forward to continuing to grow my practice with a team who I have such respect for,” said Andrew.
Andrew is a graduate of Temple University, Beasley School of Law. At Temple Law School, Andrew graduated with Dean’s Honor List recognition and numerous Trial Advocacy and trial performance awards. During law school, Andrew had the privilege to serve in an intern and extern clerkship in the Eastern District of Pennsylvania for Federal District Court Chief Judge Juan Sanchez as well as Federal Magistrate Judge Timothy Rice.
After law school, Andrew practiced law at one of the largest criminal defense organizations in Philadelphia where he represented hundreds of clients as lead counsel through all stages of hearings and trials—both bench and jury. He also practiced at a law firm representing personal injury victims.
To continue to refine his courtroom skills, Andrew completed an LL.M. in Trial Advocacy at Temple University, Beasley School of Law. During the LL.M. Program, Andrew received the Faculty Award for Outstanding Achievement in Courtroom Presentation and Performance.
Andrew volunteers his time to speak at continuing legal education and trial advocacy training programs, and he assists pro bono service projects.
You can read more about Andrew here.
I am a 26-year Jenkintown resident, past Jenkintown Borough council member, past volunteer coach, local lawyer, and local law firm owner in Jenkintown, PA. In 2024, the current Magisterial District Judge, Elizabeth McHugh of local court 38-1-02 intends to retire. Montgomery County Court Administration has announced plans to eliminate and consolidate her Court with neighboring Abington and Cheltenham courts. I intend to run for this Judgeship, hoping to continue serving my community as judge, and keep this Court open. I oppose the closure of this Court, and I ask that you also oppose its closure. Court 38-1-02 is an important community resource, and its closure negatively impacts not only Jenkintown, but also Abington and Cheltenham. Let me explain why.
(more…)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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