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An Alternative to Incarceration: Philadelphia’s Pre-trial Diversion Programs

Posted on April 29th, 2019

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

  • AMP I – Non-violent first-time offenders charged with a misdemeanor.
  • AMP II – Defendants charged with non-violent misdemeanor offenses with a recent history of non-violent prior arrests and limited number of convictions.
  • ARD – Defendants are first time offenders charged with relatively minor offenses, but require a lengthier period of supervision than the AMP program provides. (ARD is now open to some offenders charged with possession of a gun).
  • DV DIVERSION – Defendants are charged with a first-time domestic violence misdemeanor.
  • DRUG TREATMENT COURT – Defendants are non-violent drug or drug related offenders with no more than two previous juvenile adjudications or adult convictions.
  • DUI TREATMENT COURT – Defendants are non-violent DUI offenders with no more than two previous lifetime convictions for DUI and face a mandatory 90 day or one-year sentence.
  • INTERMEDIATE PUNISHMENT – (county & state) – Defendants are non-violent offenders with no convictions for crimes of violence and no recent violent arrest or gun arrests and they are dependent on drugs/alcohol.
  • SUMMARY DIVERSION PROGRAM – Defendants charged with a summary citation who have not previously participated in the program.
  • THE CHOICE IS YOURS – Defendants are 18-24 and are first-time felony drug offenders charged with Possession with Intent to Deliver a Controlled Substance
  • VETERAN’S COURT – Defendants are former or active member of the military and charged with a non-violent misdemeanor.

Most of these programs will result in charges being dismissed, withdrawn or the charges being eligible for expungement, once the diversion program is completed.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.


Concussion: an injury with no visible evidence

Posted on November 19th, 2018

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…)


Drunk man receives $400,000 award after trial

Posted on November 5th, 2018

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…)


Emmett Madden named Super Lawyer in Philadelphia Magazine

Posted on May 31st, 2018

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.


Our new design and updated website

Posted on November 14th, 2017

ThePhillyLawyers and the Law Offices of R. Emmett Madden, Esq. invite you to the unveiling of our recently updated website: https://ThePhillyLawyers.com

Please look over, like, and share our sleek new look. Some new features include the ability to directly text or send a WhatsApp message to attorney Emmett Madden. If texts, however, aren’t your thing, we offer other ways to communicate via phone, Facebook, email, or office visits. We provide free consultations via phone, text, or at one of our two office locations in Philadelphia or Jenkintown.

Our new layout will help clients and prospective clients to find information quickly and easily. Also featured are a list of our awards and honors over the last few years, as well as updates on some of our more interesting legal successes of 2017. As 2018 quickly approaches, we continue to excel in personal, aggressive, client focused legal representation. Enjoy the website!


Emmett Madden named a Philadelphia Super Lawyer

Posted on June 4th, 2017

Emmett Madden is honored to receive a Philadelphia Super Lawyer award for 2017. This award is in recognition for his expertise and successes in personal injury and criminal defense cases.

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.


Emmett Madden featured in Philadelphia Magazine

Posted on May 24th, 2017

ThePhillyLawyers and the Law Offices of R. Emmett Madden Esquire are pleased to announce that after a precedent setting year of successes, both in the personal injury and criminal defense courts, we have once again received the honor of being named a Philadelphia Super Lawyer. As featured in the most recent Philadelphia Magazine issue (June, 2017) and in Super Lawyers Magazine, we continue with record-breaking verdicts for those injured in major catastrophes, including building collapses, and serious truck, car, and motorcycle accidents. This includes our victory representing the lead witness and Plaintiff in the largest civil settlement in Philadelphia history, $227 million dollars. Read here and here.

Emmett Madden with Philadelphia skyline

In the field of criminal defense, we have obtained numerous not guilty verdicts for clients wrongly accused of rape, indecent deviant sexual intercourse, burglary, robbery, and other charges—which only after a full trial were our clients exonerated.

We are honored to receive this award once again and look forward to continuing serving those most in need.

 

 

super-lawyers-endorsement


Salvation army building collapse—largest settlement in Pennsylvania’s history

Posted on February 12th, 2017

Helping our clients through tragedy

On June 5, 2013 Felicia Hill went to work at the Salvation Army retail store in Philadelphia. Despite expressing concerns in the days and weeks before about the demolition occurring in the adjacent building—about the noise, dust coming off the walls, bricks falling on the roof—Ms. Hill had no choice but to come to work. She had a large family to support and bills to pay.

The building being demolished was part of several buildings owned by Richard Basciano who was tearing them down to make apartments. He had hired a cheap demolition company that had little regard for safety and procedure. (more…)