a pa. lawyer who wasn't faces sentencing after years of deception

What is theft by deception in Pennsylvania?

In Pennsylvania, someone can be guilty of theft by deception if he or she intentionally does any of the following: Create or reinforce a false impression, including impressions about a law, value, intention or some other state of mind. Keep someone else from acquiring the information that would affect their judgment about a transaction.

Who is the sentencing attorney in West Chester PA?

Contact Jason R. Antoine, Pennsylvania sentencing attorney serving Media, Pennsylvania and West Chester, Pennsylvania if you someone you know, have questions regarding your potential sentence or your sentencing guidelines. This web page is just a basic overview of Pennsylvania sentencing law.

How does sentencing work in Pennsylvania?

The Basics of Pennsylvania Sentencing Law In Pennsylvania, once you are convicted of a crime or plead guilty to a crime, it is the trial judge’s obligation to sentence you in accordance with the law. The trial judge has broad discretion when it comes to sentencing, and has a wide array of sentencing alternatives available.

Why do I need a criminal defense attorney in Pennsylvania?

An attorney who's familiar with the local criminal court system, Pennsylvania law, and cases like yours should be able to explain how the law applies to your case, advise you about the risks and advantages of plea bargaining, and help ensure that you get the best outcome possible under the circumstances. States can change their laws at any time.

What is mandatory minimum sentence in Pennsylvania?

A mandatory minimum sentence is the minimum that a Judge must impose if you are found guilty of the underlying crime to which it applies.

Can a judge reject a mandatory minimum sentence?

A Judge can reject a mandatory minimum sentence that is inherently unfair but in practice in Montgomery County and Bucks County that never happens. Mandatory minimum sentences are controlled by the District Attorney. If the District Attorney chooses not to impose the mandatory then it need not be imposed.

What is the law in Pennsylvania for sentencing?

The Basics of Pennsylvania Sentencing Law. In Pennsylvania, once you are convicted of a crime or plead guilty to a crime, it is the trial judge’s obligation to sentence you in accordance with the law. The trial judge has broad discretion when it comes to sentencing, and has a wide array of sentencing alternatives available.

What is the minimum maximum sentence in Pennsylvania?

The Minimum Maximum Rule. Pennsylvania has what lawyers refer to as the “min/max rule.”. In Pennsylvania, if an offender is sentenced to incarceration, the minimum sentence date cannot exceed half of the maximum sentence. The following examples will help you understand the “min/max rule.”.

How long is John Doe in jail?

Judge Knownothing sentences John Doe to a flat sentence of 6 months jail time for providing the fake name to the officer. This would be an illegal sentence in Pennsylvania because it violates the “min/max rule.”. EX# 7: Judge Knownothing sentences John Doe to a period of incarceration of 6-8 months.

What is the sentencing guideline?

Your sentencing guideline will be based on two things, 1) the seriousness of the offense, known as the “offense gravity score”; and 2) your prior criminal record known as your “prior record score.”

How long can a judge sentence you for a rap sheet?

You have a rap sheet the size of Texas and the trial judge wants to punish you with jail time but keep an eye on you at the same time. Since, Forgery is a felony of the 3rd degree, the maximum length of time the judge can sentence you is 7 years. The judge could fashion a sentence as follows: 11 ½ - 23 months incarceration followed by 4 years probation. The total length of the sentence is 5 years 11 months, well under the permissible maximum sentence. Therefore, this sentence is a legal sentence.

How long is a mandatory sentence for selling drugs in a school zone?

For example, the mandatory sentence for selling drugs in a school zone is 2 years jail. If the offender is convicted, and the District Attorney’s office enforces the mandatory, the judge may not give the offender any less than 2 years jail time.

How long can you go to jail?

A common pleas judge can force you to serve your jail time in the county prison or in a state correctional facility. Any jail sentence in which the maximum sentence is 24 months or more is a state sentence. For instance, a 12-24 month sentence will be served in a state correctional facility. Many times you will see judges hand down sentences such as 11 ½ - 23 months. This keeps the prisoner in a county facility.

How long is a felony sentence in Pennsylvania?

This means that when you're convicted and sentenced to imprisonment, the judge will set a minimum and maximum term—such as five to 10 years. The maximum can't be more than the legal limit for your crime (as discussed below), ...

How long is a sentence for aggravated assault in Pennsylvania?

For example: If you're convicted of aggravated assault against a victim who's older than 60 or younger than 16, the minimum term of your sentence must be at least two years.

What is the most serious crime in Pennsylvania?

The most serious crimes are felonies, while less-serious crimes are treated as misdemeanors. Most felonies are further divided into three different degrees, although murder is in a category of its own. The laws on sentencing in Pennsylvania are very complicated, with many exceptions.

How long is a fixed term for rape?

For instance, rape of a victim under age 13 requires a fixed term of 40 years, or life in prison if the victim was seriously injured. (18 Pa. Cons. Stat. §§ 1103, 3121 (2020).)

What is a prison sentence?

you will compensate the victim for any damage or injury resulting from the crime. you're likely to respond well to probation supervision, and. a prison sentence would create excessive hardship for you or your dependents.

How to help an attorney evaluate a case?

You can help the attorneys better evaluate your case by providing information about the alleged crime, dates, and locations of any court appearances. First Name Step 1 of 4. Last Name Step 2 of 4. Email Address Step 3 of 4. Phone Number Step 4 of 4.

What are the sentences for murder?

Instead of indeterminate sentences, these cases require the following sentences: First-degree murder: death or life in prison (to be decided by the jury rather than the judge). Second-degree murder: life in prison.

What is the purpose of the Pennsylvania sentencing guidelines?

(a) Purpose of sentence. In writing the sentencing guidelines, the Pennsylvania Commission on Sentencing strives to provide a benchmark for the judges of Pennsylvania , a common starting point with a range of recommendations for the typical offender. The sentencing guidelines provide sanctions proportionate to the severity of the crime and the severity of the offender’s prior conviction record. This establishes a sentencing system with a primary focus on retribution, but one in which the recommendations allow for the fulfillment of other sentencing purposes including rehabilitation, deterrence, and incapacitation.

When will the 7th edition of the Sentencing Guidelines take effect?

This amendment, Amendment 6 of the 7th Edition Sentencing Guidelines, shall take effect January 1, 2021 and apply to all crimes committed on or after that date.

What is the gravity score of a crime?

(a) An Offense Gravity Score is assigned to each offense based on the elements of the conviction offense and the classification of the crime. The Offense Gravity Scores are located in § 303.15.

What is theft by deception?

Theft By Deception. You may be charged with theft by deception if you intentionally obtain or withhold someone else’s property by deceiving that person. Here’s how theft by deception works. Theft by deception means that someone uses deception to intentionally obtain or withhold property, including money, that does not belong to them.

How does theft by deception work?

Theft by deception means that someone uses deception to intentionally obtain or withhold property, including money, that does not belong to them. For example, someone lists a rare BMW on Craigslist at a bargain price and asks everyone who responds to their ad to send them a down-payment to finalize ...

What is theft in Pennsylvania?

In Pennsylvania, someone can be guilty of theft by deception if he or she intentionally does any of the following: Create or reinforce a false impression, including impressions about a law, value, intention or some other state of mind.

What can a criminal defense attorney do?

A criminal defense attorney can help protect your rights and make sure that your rights are protected. In many instances we can achieve a reduction in your charges and in some instances a full dismissal. Don’t talk to the police or prosecutors unless your attorney is with you.

Penalties and Sentences

The penalty for theft in Pennsylvania varies depending on the amount or value of the property stolen. If the value is less than $50, the offense will be a summary offense. This is a less serious charge than a felony or misdemeanor. It is not actually a criminal conviction.

Charged With Theft in Pennsylvania? Get Expert Legal Help Today

Theft can be as simple as shoplifting and as complex as a diamond heist. In either scenario, the prosecution must prove beyond the shadow of a doubt that the defendant took the property knowing he or she had no rightful claim to that property. A skilled attorney will be able to effectively challenge the prosecution's claims.

What are the exceptions to the First Step Act?

The biggest exceptions in federal cases concern defendants who are convicted of crimes that now carry reduced, retroactive sentencing ranges under the Sentencing Guidelines or modified, retroactive statutory penalties under the First Step Act. Depending on the conviction, a defendant may ask the court for the benefit of the reduced, ...

What is an illegal sentence?

An illegal sentence is one that has no basis in law or was the result of a clerical error. It is almost always subject to correction, but only according to rules of criminal procedure. In the federal system, a trial court has 14 days from the date of sentencing to correct arithmetical, technical, or other “clear errors.”.

What is an unconstitutional sentence?

Importantly, a claim that a sentence is unconstitutional does not bring that claim within the laws that allow for the correction of illegal sentences ...

What does "not conform to the requirements of the relevant statute" mean?

This means that the court did not have the authority to hear that matter in the first place. A sentence that does not conform to the requirements of the relevant statute. For example, if a statute provides for a sentencing range, and the judge imposes a sentence that is not within that range, the sentence would be illegal.

How long can a prisoner be in jail?

Under the law, if the Director of the Bureau of Prisons so recommends, a judge may modify a prison term for a prisoner who has served at least 30 years in prison, who is at least 70 years old, and whom the Director feels is not a danger to other people or the community. ( 18 U.S.C. § 3582 .)

What is cooperating witness?

Most of us are familiar with the “ cooperating witness ” scenario, wherein a person charged with or even convicted of a crime agrees to cooperate with the prosecution, giving information or testimony (or both) to aid in the investigation and prosecution of someone else.

Can a sentence be modified to increase punishment?

But if the original sentence was legal, it cannot be modified in a way that increases punishment.

What happens if a defendant needs another lawyer?

If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity.

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

Why do defendants ask for continuances?

Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

What is the rule for criminal cases in California?

Criminal cases must be heard and determined “at the earliest possible time,” and the proceedings expedited “to the greatest degree consistent with the ends of justice.” (Cal. Penal Code § 1050 (a).) California Rules of Court, Rule 4.113 states that motions to continue criminal trials are downright “disfavored.”.

What happens when a defense asks for a continuance?

When that happens, the defense may ask for a continuance to locate that witness. Again, however, the defense will have to convince the court that the witness’s testimony is important and will have to show that the defense used due diligence in trying to secure the witness’s appearance in the first place.

Can a motion for continuance be made at a sentencing hearing?

Requests (called “motions”) for a continuance can be made up to and including the sentencing hearing. But states typically narrow the reasons for which a defendant or a prosecutor may ask for a continuance. These scenarios are explained below.