On April 29, the Pennsylvania Supreme Court adopted the federal automobile exception which allows police officers to search a motor vehicle when there is probable cause to do so, without the need to obtain a search warrant from a judge. PA Supreme Court Justice Seamus McCaffery wrote the majority opinion in the case of Commonwealth v. Shiem Gary (29 A.3d 804). Justice McCaffrey writes that “the prerequisite for a warrantless search of a motor vehicle is probable cause to search.” This is the same standard that applies under the United States Constitution; the same standard used by federal law enforcement authorities. Upon reading the PA Supreme Court’s opinion, most criminal defense attorneys agree that the legal standard for a vehicle search in Pennsylvania has not changed at all. Law enforcement officers will need the same amount of suspicion and evidence to search a vehicle now as they did before to obtain search warrant from a judge. The standard is still “probable cause.” The mere act of being stopped for a traffic violation is not probable cause for a vehicle search. Police need additional evidence that the driver is involved in illegal activity greater than the traffic infraction. It is important…
Read MoreEarlier this month, MMD&C Associate and Family/Matrimonial Attorney Lucas A. Clark, IV helped instruct a CLE Seminar titled “How to Handle Your First Custody Case” for the Family Law Section and Pro Bono Steering Committee of the Delaware County Bar Association. Luke is currently the Chair-Elect of the Family Law Section, which means that Luke will chair the Family Law Section in 2015. Luke helped instruct a group of pro bono attorneys who do not usually handle family/matrimonial law matters in handling their first custody case. Luke took the attorneys in attendance from the initial telephone call through the formal consultation all the way to the conciliation conference with the hearing officer and, if necessary, trial in front of the Court of Common Pleas. The immediate feedback from those who attended the seminar was that it was successful and well-received.
Read MoreAt a Preliminary Hearing in Darby District Court on Wednesday, MMD&C successfully represented its client in getting an Attempted Homicide Charge dismissed. Using the skills and knowledge obtained through years of experience litigating matters in the criminal courts, trial counsel was able to conduct a lengthy hearing, gaining valuable case information that will be used at trial. The client was facing a standard range sentence of between 8 and 20 years; this is now off the table with the dismissal of the lead charge. The case will be proceeding to trial in the Delaware County Court of Common Pleas. The client and her family are very pleased with the outcome of the hearing and with the firm’s diligent and zealous representation.
Read MoreAfter being arrested and charged with assault and related offenses, this defendant retained MMD&C to work on the case. After several court appearances the case was finally dismissed. The client is now eligible to have the record of the arrest expunged. The satisfied client took the time to send a lovely Thank You card to express her gratitude.
Read MoreMany people have questions about which type of car insurance to choose: full tort or limited tort? Here is a brief overview of the differences. Full Tort If you are involved in an accident, you may bring a claim in order to receive compensation for medical bills, lost wages, property damage and other out-of-pocket expenses. You may also sue for non-monetary damages such as pain and suffering and loss of consortium (loss of a loved one’s companionship while they are recovering from an injury). Because juries have a tendency to award larger judgments to the plaintiff in lawsuits involving full tort policies, auto insurance companies that provide full tort policies run a higher risk of loss. Therefore, premiums for full tort car insurance is generally more expensive than those for other policies. Limited Tort With this option, you may still bring a claim for compensation for medical bills, lost wages, property damage, and other out-of-pocket expenses related to an accident. You generally will not, however, be allowed to sue for non-monetary damages such as pain and suffering and loss of consortium, unless your injuries are considered serious or disfiguring. In exchange for giving up your right to bring a lawsuit…
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