RESTITUTION IS A SENTENCE AND MUST BE SPECIFIED AT TIME OF SENTENCING OR … SENTENCE WILL BE VACATED

The PA Superior Court has decided the case of Commonwealth v. Ramos, No. 564 MDA 2018 (October 10, 2018), holding that a sentence intended to include restitution, which is initially entered without a definite amount and a method of payment, is illegal and must be vacated in its entirety. In this case, the Defendant entered a […]

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JUVENILE’S ENCOUNTERS WITH POLICE AND CORONER AFTER THE OVERDOSE DEATH OF HER FRIEND WERE CUSTODIAL: MOTION TO SUPPRESS, GRANTED.

The PA Superior Court has decided the case of In re: J.N.W., a minor, No. 1759 MDA 2017 (Pa. Super. 10/3/2018), holding that J.N.W. was subjected to custodial interrogations and did not knowingly waive her Miranda rights in each of four separate encounters with authorities investigating the overdose death of her friend. J.N.W. was nine days short of her […]

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McMahon Winters Soto-Ortiz, LLC Selected In The LNP Readers’ Choice Awards 2018 In 3 Separate Categories

McMahon Winters Soto-Ortiz, LLC is pleased to announce the firm’s selection by the LNP/Lancaster Online Readers’ Choice Awards 2018 as one of the top three firms in three practice areas including: Family Law, DUI Defense, and Criminal Defense. The awards are presented annually and chosen by readers of LNP/Lancaster Online. Lancaster Online is a service of […]

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HEARSAY ALONE – ADMITTED OVER OBJECTION AND WITHOUT GOOD CAUSE – WAS IS INSUFFICIENT TO FIND PAROLE VIOLATION

In an unreported decision, the Commonwealth Court has decided the case of Turon McGee v. PA Bd of Probation and Parole, No. 1473 C.D. 2017 (September 13, 2018), holding that the Board erred, as a matter of law, in finding McGee a Technical Parole Violator (“TPV”) based solely on hearsay evidence that was admitted over objection […]

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VILLANOVA UNIVERSITY POLICE ARE NOT STATE ACTORS FOR PURPOSE OF 4th AMENDMENT SEARCHES

The Pa Superior Court has decided the case of Commonwealth v. Yim, Nos. 3118 and 3184 EDA of 2017, (Pa. Super. September 12, 2018), holding that the trial court committed no abuse of discretion or error of law in making its determination that Villanova University Police Officer were not state actors for purposes of the Fourth Amendment.  “In […]

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McMahon Winters Soto-Ortiz, LLC Selected In The LNP Readers’ Choice Awards 2018 In 3 Separate Categories

McMahon Winters Soto-Ortiz, LLC is pleased to announce the firm’s selection by the LNP/Lancaster Online Readers’ Choice Awards 2018 as one of the top three firms in three practice areas including: Family Law, DUI Defense, and Criminal Defense. The awards are presented annually and chosen by readers of LNP/Lancaster Online. Lancaster Online is a service of […]

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POLICE OFFICER MUST HAVE REASONABLE SUSPICION THAT CRIMINAL ACTIVITY IS AFOOT and THAT YOU ARE ARMED OR DANGEROUS BEFORE ASKING YOU TO REMOVE YOUR HANDS FROM YOUR POCKETS

The PA Superior Court has recently decided the case of Commonwealth v. Hemingway, No. 684 WDA 2017 (June 26, 2018), holding that the trial court did not commit error when it determined that a police officer’s request for Hemingway to remove his hands from his pockets while the officer was investigating a noise complaint in […]

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FACTS, INCLUDING THE USE OF A “Find My iPhone” APP TO LOCATE A STOLEN iPHONE, WERE SUFFICIENT TO JUSTIFY INVESTIGATIVE DETENTION

The PA Superior Court recently decided the case of Commonwealth v. Milburn, No. 3031 EDA 2016 (June 22, 2018), holding that under the totality of the circumstances, of which the “Find My iPhone” app ping was but one factor, officers had specific and articulable reasonable facts that led them to conclude that the individuals in […]

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FORMER PARAMOUR PERMITTED TO TESTIFY ABOUT DEFENDANT’S PRIOR ASSAULT AND INTIMIDATION OF HER AT HIS TRIAL FOR ASSAULTING HIS WIFE

The PA Superior Court has decided the case of Commonwealth v. Gad, No. 3100 EDA 2017 (June 11, 2018), holding that the trial court did not err in allowing Gad’s former paramour to testify about his prior bad acts of assault and intimidation of her during his trial for assaulting his wife. Before trial, the Commonwealth sought […]

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