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Category Archives: Criminal Defense

No_Court

Nolle Prosequi And Pennsylvania Criminal Cases

By Gary E. Gerson |

You have probably heard the depressing statistic that many more criminal cases end with guilty pleas than with acquittals, but these are not the only ways that your case can go.  Prosecutors have the right to cancel the criminal proceedings at any time between the arrest and the trial, for any reason they choose. … Read More »

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Keyword Search Warrants Are As Kafkaesque As They Sound

By Gary E. Gerson |

Children learn early that they should not accept candy from strangers, but it takes people longer to learn not to accept cookies on websites they visit.  More recently, Internet users have become more cautious about privacy, and with good reason.  Even with privacy settings, web browsers still store more data than consumers are comfortable… Read More »

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Jail17

Judge Sentences Probationer To Prison For Theft And Home Contractor Fraud

By Gary E. Gerson |

Part of being an adult is realizing that you are not perfect.  Sure, there are plenty of social media influencers who tell you that they start every morning with a homemade smoothie made of organic fruits, almond milk, and protein powder.  You used to do that, but now you are too broke to replenish… Read More »

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JuryBox

Bench Trials In Pennsylvania Criminal Cases

By Gary E. Gerson |

Criminal defense lawyers often try to reassure defendants during their initial meetings that prosecutors face a difficult task.  The jury cannot convict the defendant unless all 12 jurors are completely sure that the defendant is guilty.  Therefore, your defense strategy can be anything that would cause the jurors to doubt your guilt.  In some… Read More »

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MirandaWarning

68 Years Of Miranda Vs. Arizona

By Gary E. Gerson |

Until the 1960s, most Americans did not think much about the Fifth Amendment, unless they were law students or criminal defense lawyers.  The right to avoid self-incrimination sounds like an abstract concept until you are in a situation where it can make or break your criminal case.  What would the world be like if… Read More »

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PoliceFrisk

Probable Cause And Terry Stops

By Gary E. Gerson |

The state does not have the right to incarcerate you unless you have been convicted of a crime, and yet it is possible for police to arrest you and detain you until your probable cause hearing.  You cannot be convicted of a crime unless 12 jurors find you guilty beyond a reasonable doubt, and… Read More »

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DNAEvidence

Is DNA Evidence Valid In Burglary Cases?

By Gary E. Gerson |

DNA evidence is one of the most important developments in forensic science in our lifetimes.  As of 2024, 575 wrongfully convicted people have had their convictions overturned after DNA evidence revealed that their DNA was not present at the crime scene.  We most often hear of DNA indicating a defendant’s innocence or guilt in… Read More »

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What Happens If You Get Arrested For An Unrelated Crime While You Are Out On Bond?

By Gary E. Gerson |

It is possible to face criminal charges for two unrelated offenses at the same time.  Even though the Bill of Rights guarantees the right to a speedy trial, the time between the initial arrest and the trial.  Judges have the option to set defendants whose cases are pending free until their trial dates, to… Read More »

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You Can Get Child Endangerment Charges If You Fail To Seek Medical Treatment For Children

By Gary E. Gerson |

Keeping children away from safety hazards is a big job.  Once babies learn to crawl, keeping them away from all the hot, sharp, and poisonous things in the room, even if these hazards are ordinary household items that are harmless to anyone old enough to have the common sense that babies lack, requires almost… Read More »

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Jail3

Do You Automatically Get A Prison Sentence If You Violate Your Probation?

By Gary E. Gerson |

Some prosecutors, judges, defendants, and family members of defendants see probation as an alternative to mass incarceration.  While a probation sentence is a major improvement over spending an equivalent length of time behind bars, it is not a perfect solution.  Even though probation enables defendants to avoid interruptions to their employment, it is still… Read More »

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