Pennsylvania state and federal law both give defendants that have been convicted the right to file appeals based on many reasons. A direct appeal after trial is one way and filing a petition under the Post Conviction Relief Act is an additional, less well-known, method.
Direct appeals usually only allow you to appeal issues your trial attorney has preserved at the trial level. An issue is preserved when your attorney objects and states grounds for the objection on the record. If the lawyer has preserved these issues, you may appeal to the Superior Court of Pennsylvania for a direct review of any mistakes the trial court made.
If your direct appeal is unsuccessful, it may be time to file a PCRA.
You are eligible to file a PCRA petition if you have been convicted of an offense and are serving a prison sentence, are on probation or parole, or your sentence has had a severe lasting collateral consequence, even if you are no longer incarcerated or on probation or parole.
You can get post-conviction relief if:
At the PCRA stage, new arguments can be made in various aspects of your case. Because of this, it is very important to find the right attorney who will carefully review your trial transcript and discuss the specific aspects of your trial with respect to filing a PCRA. It is essential to have a well-researched and well-argued PCRA to maximize the chances at having your conviction overturned.
ThePhillyLawyers is saddened to announce the passing of the firm’s founding attorney, Robert Emmett Madden, Sr. who passed away on May 27, 2019.
For over 40 years, Bob was a leader in the field of white-collar criminal defense. Bob was well respected in the legal community and was treasured by his clients, friends, and family. He will be greatly missed.
Attorney Margeaux Cigainero, Esq. is the newest member of ThePhillyLawyers. Ms. Cigainero specializes in criminal defense litigation as well as criminal appellate work, and has defended individuals facing criminal charges for nearly ten years. Margeaux will be working in the criminal defense department of ThePhillyLawyers team.
Margeaux Cigainero was formerly a principal at a center city law firm where she focused on litigation, appeals, and PCRAs (Post Conviction Relief Act) for various criminal matters. It was in this firm where she earned her reputation as a tireless leader and fierce advocate within the Pennsylvania criminal justice system.
Prior to this, Ms. Cigainero was a senior associate attorney at a center city criminal litigation firm that specialized in criminal appellate advocacy. While daily working on appeals and PCRAs, she refined and sharpened this skill set.
In addition, she recently teamed up with Prevention Point Philadelphia to organize an ongoing project that provides legal procedural information for indigent people to more easily navigate the Philadelphia judicial system. Volunteering and outreach is also an important part of Ms. Cigainero’s work in Philadelphia.
Upon joining ThePhillyLawyers, Attorney Cigainero said:
“I am excited for this new chapter in my career and excited it begins with such a diligent, hard-working, and well-respected group.”
Attorney Cigainero is licensed to practice law throughout the state of Pennsylvania and is also Federally licensed in the Eastern District of Pennsylvania.
The difference between actual possession and constructive possession, and why it matters.
Actual possession: This occurs when the police find contraband (drugs, weapons, etc.) on your person and no one had equal access to the contraband found.
Constructive possession: This occurs when police find contraband, but it is not located on a person. For example, the police pull over a car with multiple people inside and a search reveals contraband in a backpack on the passenger floorboard. Now, police have to construct who possessed this contraband.
To convict you of constructive possession, the state must prove that you had knowledge of the presence of the contraband and executed or planned to execute dominion and control over the contraband. Also, just being near contraband is not enough to convict someone in a constructive possession case.
Defending a constructive possession case: The Commonwealth must prove the defendant’s knowledge of the illegal item and show that the defendant had control over, or the defendant intended to control the illegal item. It can often be difficult to prove constructive possession when:
These are not all the factors involved in proving constructive possession, but these factors show why you need strong representation to point out weaknesses in any constructive possession case.
Many diversion programs are available in Philadelphia. Rather than going to trial or entering a plea, most programs allow defendants to complete courses, community service, drug/alcohol treatment, probation, and other tasks in order to fulfill their obligations to the judicial system.
Diversion programs in Philadelphia and defendants eligible to participate
Most of these programs will result in charges being dismissed, withdrawn or the charges being eligible for expungement, once the diversion program is completed.
If you are accepted to a diversionary program, you will be able to deal with your court case and have your life minimally disrupted. Your attorney can contact the DA’s office and request they review your case to see if you are eligible for any of these diversionary programs. Acceptance into a diversionary program often comes down to the DA’s review of your case and is not guaranteed. You will need strong representation to advocate for your acceptance to a diversionary program.
It’s hard to explain an injury when there is no visible evidence. Despite growing awareness of concussions and mental health issues stemming from concussions, these injuries are downplayed and minimized. People can easily think you are fine.
Concussions occur when the soft tissue of the brain, cushioned by spinal fluid, is jolted or moved around in your head. A traumatic brain injury, or TBI, can cause bruising, damage to the blood vessels, and injury to the nerves. The affect of this injury on a person and their family can be devastating. TBI may affect personality, memory, and may impact family life, job, and social interactions. Symptoms may not appear until weeks after the injury. Brain injuries do not heal like other injuries and require intensive rehabilitative treatments and therapies.
Recently, a client who had suffered a mild concussion after he was jarred while riding his bicycle (without hitting his head), was later rear-ended in a car accident, and again, not actually hitting his head. The car accident caused him to be jolted back and forth resulting in two concussions in brief succession. (more…)
A drunk man crosses the street in dark clothes, in the middle of the night, is hit by a car, and at trial is awarded $400,000.
Why did a judge award $400,000 to a person crossing the street (not at a crosswalk), while intoxicated, in the dark, and wearing dark clothing?
The driver was driving on the highway at 60 miles per hour and claimed she never saw the pedestrian until after she hit him. She gave this statement to the police and to her insurance company immediately after the accident.
At first glance, it may seem to be the pedestrian’s fault for all the above reasons, however, as was argued at trial, a driver has a duty to always be paying attention to the road in front of her. If a driver does not see a 6-foot 2-inches drunk man in the middle of the street in front of her, then she is primarily at fault and the cause of the accident. This commonsense, albeit not necessarily intuitive, rule has been memorialized by the Pennsylvania Supreme Court in the matter of Carney vs. SEPTA, where it stated, “a wrongdoer may not avoid liability by saying he did not see what was plainly visible to him.” (more…)
In recognition of Emmett Madden’s expertise and success in personal injury and criminal defense cases, he is featured as a Super Lawyer in the most recent issue of Philadelphia Magazine (June, 2018). Every summer, the magazine highlights its annual list of the top lawyers in Pennsylvania and Delaware. Emmett has once again received the honor of being named a Philadelphia Super Lawyer. After a rigorous selection process, only the top 5% are selected as Super Lawyers.
The magazine writes as follows:
“R. Emmett Madden fights for social justice by defending those accused of crimes and representing injured individuals. For criminal defendants, he has won not guilty verdicts throughout the Delaware Valley. For injured clients, he has obtained maximum recoveries for victims of vehicle accidents, nursing home negligence, insurance abuse and building collapses, including Philadelphia’s recent record settlement of $227 million in the Salvation Army Building Collapse. Emmett is also proud of his work on behalf of the poor and disenfranchised as a volunteer at Ayuda Christian Legal Clinic in North Philadelphia and serves as a part-time Public Defender in Montgomery County.”
From the Super Lawyers website:
“Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.”
To view Emmett’s profile on Super Lawyers, please visit here.
ThePhillyLawyers is honored to receive this award once again and we look forward to continue serving those most in need.
