January 2014 Archives

Strict Liability Crimes in Pennsylvania

What is strict liability?  In today's criminal justice system, a defendant is usually punished only when they have the requisite mens rea which is a latin phrase for guilty mind.  In other words, the system will not punish those that are not morally corrupt or blame worthy.  If you intentionally break the law, you are seen as having the mindset of having a guilty mind.  But, there are a handful of crimes that do not require a mens rea.  Theses crimes are called strict liability crimes.

PA Supreme Court overturns Gun plus Drug Dealing Mandatory Minimum Sentence

Supreme Court Overturns Drug plus Gun Mandatory Sentence:   In the case of Commonwealth vs. Hanson, __ A.3d.__, 2013 WL 6831854 (Pa. Supreme Ct., December 27, 2013), opinion by Justice Saylor, the application of a gun plus drug dealing mandatory minimum is overruled, because the court ruled that a defendant (Hanson) must be in knowing, physical possession or control, which is constructive control/possession, of the drugs and the firearm must be in close proximity to the drugs in question.  The appeal centrally presents questions of statutory construction pertaining to 5 year mandatory minimum sentences attaching to the offense of possession of a controlled substance with the intent to deliver (PWID), 35 P.S. 780-113(a)(30), while in possession or control of a firearm, 42 Pa.C.S. 9712.1(a).    

Drug Crimes in Pennsylvania: What to expect when charged

Charged with Drug Crime ? What should you expect:   You will face serious consequences when police prosecute you for the unlawful possession, distribution, cultivation or manufacturing of a controlled substance in Pennsylvania.  Depending on the quantity and quality of the drugs found in your possession, the County District Attorney, Attorney General's Bureau of Narcotics Investigation, and/or Drug Task Force may be called to investigate you as a part of a larger criminal conspiracy.  Marinaro Law Firm with their vast experience in dealing with drug crimes can help you take the steps necessary to mitigate or prevent the possibility of a conviction.

Building a DUI Defense

Building a DUI Defense:   A driving under the influence (DUI) does not mean the end of your life or your career.  Immediately following your arrest, contact our office to learn about avoiding a DUI conviction or reduce the charges.  We shall obtain all the pertainant facts involving probable cause, etc.  Due to the harsh penalties you need competent, aggressive representation; call: 866-614-6520.

Custody Relocation - Factors to Consider

Custody Relocation Factors:   A court is to consider the 10 relocation factors as well as the 16 custody factors when there exists no current order for custody and one parent desires to relocate. Recently, in S.S. vs. M.S., 2013 Pa Super 227, 2013, Pa. Super. Lexis 1706, 2013 WL 4009151 9pa. Super. Ct. August 7, 2013), the Superior Court reviewed a case where mother and father shared physical custody by agreement.  Father, had the children on the weekends and had them on wednesdays.  There was no order establishing the custodial schedule.  Mother decided she wanted to relocate with the children from Erie, Pennsylvania to Bucks County, Pennsylvania. The driving distance is 7 hours.

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Lancaster, PA 17602

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