See the following article on PennLive concerning a woman who falsely accused our client of abuse—in a clear attempt to escape multiple federal charges.
She filed a false Protection from Abuse petition against our client in an effort to cover her tracks and to prevent him from contacting the authorities.
We at ThePhillyLawyers are proud to have incredible in-court and trial experience. Fighting cases is what we do best, but sometimes an opportunity arises to negotiate and settle a matter prior to trial, making the entire process easier. Our own Margeaux Cigainero, Esquire recently had a successful non-trial disposition in the case of Commonwealth v. H.T.N.
Imagine this: The police have been conducting surveillance on a Philadelphia warehouse for weeks, suspecting it may be the center of an illegal operation. One day, they pull over a van associated with the location and in their search discover marijuana. Not an ounce of marijuana. Not a pound of marijuana. 630 pounds of marijuana.
Needless to say, the driver, Henry [not his actual name] could not finish his joy ride. The police arrested him immediately.
In Commonwealth v. H.T.N. our client was facing up to five years of incarceration and a $630,000.00 fine. Attorney Cigainero communicated to Henry all his legal options and worked with him to achieve the best-case scenario. As a husband and father, Henry wanted to be out of custody as soon as possible so he could continue to provide for and be present in the lives of his children.
After our client posted bail, we quickly began negotiations with the District Attorney’s office. Within a few weeks, Henry was released to house arrest and was able to continue working and spending time with his young family. He never saw the inside of a prison. He paid almost no fines, and he was able to live with his family and continue to work. Positive outcomes in the criminal justice system often require creative problem solving, negotiations, and listening to our client’s needs.
Are you in need of a lawyer who will listen to you and act only in your best interests? ThePhillyLawyers wants to hear from you. Our firm has a proven record of success, defending thousands of clients against criminal charges not just in Philadelphia, but in courtrooms all over Pennsylvania. For a free consultation, call or text us today at 215-884-9300.
Philadelphia criminal defense attorney, Margeaux Cigainero, recently won the case of Commonwealth versus J.V. when the Commonwealth withdrew the case because of an illegal search. Learn what constitutes an illegal search and how Cigainero worked with her client to have the criminal charges withdrawn.
What is an illegal search?
In the United States, every citizen is entitled to a reasonable expectation of privacy, as outlined in the 4th Amendment of the Constitution. This means that, barring certain exceptions, law enforcement must get written permission, or a search warrant, and establish probable cause to search a person’s body, home, or belongings. An illegal search is a search conducted without a court-issued warrant or sufficient probable cause.
The case:
In the case of Commonwealth versus J.V., James [not his actual name] was observed on his block having a conversation with his neighbor. The police had already watched the neighbor have several hand-to-hand interactions. Assuming the neighbor was engaged in selling narcotics, the police made an arrest. On the neighbor’s person, they discovered both narcotics and cash. And upon searching the neighbor’s home (with consent), the police found additional narcotics, unused packaging, and more money.
It was James’s turn next. At the time of his arrest, the police discovered no contraband on James. However, looking at the address on his ID, they discovered that James lived right next door to his recently arrested neighbor. To “secure the property,” as they described it, the police entered James’s home without a warrant, where they noted alleged narcotics and currency. Law enforcement would use this information in their application for a search warrant and confirmation of probable cause.
Once granted a legal search warrant, police entered James’s home and confirmed the presence of narcotics, paraphernalia, and several firearms. They arrested James.
How we won:
Attorney Margeaux Cigainero met with James to examine the case documents, including the affidavit of probable cause and the search warrant. Upon review, Cigainero realized not only had the officers got her client’s address during an illegal search but that their initial search of his home was conducted without a warrant or sufficient cause. Yes, the officers later acquired a legal search warrant, but it was based on evidence they got illegally.
After Defense Attorney Cigainero notified the Commonwealth and the court of the illegal stops and searches of James and his home, through her motion she moved for the court to suppress all the evidence located in James’s home. The Commonwealth conceded the motion, agreeing to withdraw all the charges. The case against James was dismissed and he will be eligible to have the arrest expunged from his records.
If you believe you’ve been subject to an illegal search or seizure and are now facing criminal charges, we want to hear from you. Our firm has successfully defended thousands of clients against criminal charges, not just in Philadelphia, but in courtrooms all over Pennsylvania. For a free consultation, call or text us today at 215-884-9300.
The similarities to the recent, tragic shooting of Walter Wallace, Jr. are striking. Both men had a history of battling serious mental illness, both come from loving families, both are good people who made poor decisions in a time of severe, personal mental crisis.
A month earlier, my client was admitted to an inpatient mental health hospital. Anyone with mental health experience knows that a psychiatric hospital only accepts a person inpatient in dire situations. The patient must be an immediate danger to themselves or others, a high burden. Insurance companies take full advantage of this high burden and deny payment and discharge patients at the earliest moment. When payment is declined by insurance, the patient is returned to our streets. This is about money and not anyone’s safety.
They sent this young man home, despite being mentally unstable and volatile. But being mentally unstable and volatile does not keep one in the hospital. The situation, unsurprisingly, deteriorated quickly. He became manic and suicidal. He began causing a scene on his block, and the police and ambulance were called. He was outside banging on the front window of his house, box cutter in hand, when a single, white, female officer responded. She pulled her weapon, and the gentleman charged her. His mother told the officer he was suicidal and urged her to run. She ran, but he overtook her, tackling her to the ground.
What happened next is why no one knows either of their names.
He pulled the box cutter and held it to her throat. The officer unholstered her weapon and shot him one time in the leg. He released his grip and rolled onto his back. The officer immediately applied a tourniquet to his injured leg, saving his life for a second time in ten minutes.
My client and his family are eternally grateful for the quick and compassionate choices this officer made. She is safe; the community is safe, and we are trying to get him the treatment he needs. Charges were filed against him. His case is going through the criminal justice system. Most importantly, both the police officer and my client are safe, healthy, and arguably better for this experience. The difference here is that this officer recognized this young man as a person whose life had value, and she purposely did not kill him. She acted with intelligence and empathy—attributes we hope every police officer are taught.
My hope is our city and society learn lessons from this lesser known story—a story with a much better ending than Mr. Wallace.
Can I still bring a premises liability personal injury claim during COVID-19?
Answer: Yes.
Premises liability occurs when your injury was caused by an unsafe or defective condition on someone else’s property that the owner knew or should have known presented a risk of injury to you. Generally, a business/property owner owes a duty of care to all visitors on its property.
If you are injured at a property or business due to the owner’s or employees’ negligence, usually you can hold the establishment responsible.
For a premises liability claim, as the plaintiff you would need to show that: (1) the business/property owner had a duty of care to you; (2) the business or someone acting on its behalf breached that duty of care to you; and (3) the breach of duty of care to you caused your injury.
So while a business/property owner need not guarantee a visitor’s safety in every single respect, it has a duty to exercise reasonable care to keep the premises in a reasonably safe condition.
If I contracted COVID-19 at a business, can I hold that business responsible with a personal injury claim?
Answer: Too early to know.
Businesses have a duty to exercise “reasonable care,” which requires they take steps to reduce the spread of COVID-19. The business should assess risks and observe safety protocols to reduce risks of COVID-19 transmission. These measures may include checking employees and visitors for symptoms, using masks and gloves, sanitizing surfaces, handwashing and using sanitizer, posting warnings encouraging people to follow CDC-recommended 6-foot distances between people.
A claim for liability against a business relating to injuries or death sustained from COVID-19 transmission would be fact-specific and can’t be answered here.
Even though it may feel that the onset of the pandemic and the reopening was ages ago, it is too early to know how the law will address these issues.
In some circumstances, there is even immunity from COVID-19 claims. For example, in an executive order signed by Governor Wolf, limited immunity is granted to individuals licensed or certified to provide healthcare services, emergency services, or disaster services in response to COVID-19. And there are several competing bills covering a wider scope of immunity that are still pending.
Also, while congressional negotiations have been stalled, there have been ongoing discussions about granting civil liability immunity from these types of claims.
Conclusion
The ongoing COVID-19 pandemic raises many questions about safety and liability in public and private spaces.
Keep in mind with any premises liability personal injury claim, in Pennsylvania, you typically have two years from the accident to take legal action against the negligent business/property owner. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. Even during the pandemic, it is important to meet the time limitations period.
If you were injured at a business, restaurant, or property owned by another person or company, ThePhillyLawyers can help. These types of claims could be accidents and injuries from slip-and-falls, dog bites, falling objects or debris, security negligence leading to assaults or attacks, and more.
Our staff is working during COVID-19, and you can contact us to begin the claims process today.
Call or text us at (215) 884-9300.
Can I still bring a personal injury claim during COVID-19?
Answer: Yes.
If you are injured in an accident due to someone else’s negligence, you only have a limited amount of time after the accident to hold the other party responsible. This is called a statute of limitations period, which is a state law. In Pennsylvania, you typically have two years from the date of the accident to take legal action against the negligent person or business. If you wait longer than two years, it is likely that you will not be permitted to bring your claim.
So even during the pandemic, it is very important to meet the time limitations period. ThePhillyLawyers is here for you to begin the claims process today.
Can I talk with a lawyer during COVID-19?
Answer: Yes.
Our staff is working remotely, and you can contact us:
Call (215) 884-9300
Text (215) 884-9300
Can I meet with a lawyer during COVID-19?
Answer: Yes.
We are available to take calls as usual and lots of our communication occurs over the phone—just as it did before the pandemic.
We also use video conferencing since it can be comforting to “see” your lawyer while helping you navigate your personal injury case process. In fact, we have found that some of our clients prefer that option.
We also use secure email and file-sharing applications to avoid having to physically handoff documents. That way, documents that are scanned or photographed can be efficiently shared between lawyer and client.
When face-to-face contact is necessary, we take appropriate social distancing precautions and use the CDC guidelines to protect both you and our staff.
So while ThePhillyLawyers recognizes the seriousness of the COVID-19 pandemic, we are also dedicated to working for our clients and providing the best possible attorney-client experience.
Are courts open during COVID-19?
Answer: Partially—see below.
Since the onset of the pandemic and the beginning of reopening, unfortunately health safety information is evolving and at times contradictory. Here are some general, current guidelines. When possible, some courts are using advanced communication technology to reduce in-person appearances. And, if in-person appearances are required, courts are generally staggering times to help maintain social distancing protocols. For more specific guidelines to each court’s operations, it’s best to consult the court’s website. Here are court website links for COVID-19 updates for the Five County area:
And as always, to best serve our clients, ThePhillyLawyers maintains close contact and professional relationships with the local courts. Our communication with the courts allows us to stay current on what court operations are running and what are still delayed. We still can electronically file time-sensitive motions, and we are in contact with the courts regarding rescheduling court dates that have been postponed.
The United States is dealing with a widespread opioid addiction. This epidemic wreaks havoc on families regardless of their economic status, education, or geography.
Often, those suffering from addiction, whether it be opioids, drugs and alcohol, or a combination, seek treatment in inpatient drug rehabilitation centers. Some are court ordered stays, others are paid through private insurance or government assistance. Despite addiction problems or a criminal record, you still have all the same rights to quality medical treatment.
Inpatient drug facilities are medical treatment centers. They are regulated by the Department of Health and must provide a level of care consistent with both written guidelines and community standards. If you or your loved one is injured or dies while receiving inpatient drug treatment, you do not need to suffer in silence. You need a strong advocate who holds mental health and drug rehabilitation centers responsible for their negligence and misconduct.
ThePhillyLawyers has vast experience investigating and prosecuting cases against mental health and inpatient drug rehabilitation centers. If you or someone you know has been severely injured or died due to another’s mistreatment, we can help. Call us today for a free consultation.
