Bail

Posted on February 14, 2012 by glmain

Getting out of jail is not free

A person arrested for an alleged crime may wait months before the matter is settled at trial. The first time the defendant goes in front of a judge is at an arraignment. Rather than keep a person—one not yet convicted of any crime—in jail, the judge may set bail and release the defendant until trial. Release will often require bail, money someone (the defendant, a friend or family member, bail bondsman, or other person) gives to the court to ensure the defendant will show up for trial if released in the meantime.

Pennsylvania law states bail cannot be used simply to keep a defendant in jail until trial. Factors the judge may consider when setting bail include the defendant’s habits, mental state, employment, ties to family and community, criminal record, any previous record of jumping bail, and chances of being convicted at trial. The judge will also consider the serious nature of the crime. Bail may range from as little as $1 to millions of dollars.

There are three types of bail in Pennsylvania:

• Release on unsecured bail bond (the defendant will be liable for a sum if he or she fails to appear)
• Release on nominal bail (as little as $1) and a third party surety, such as a bail bondsman. The surety then has the right to arrest the defendant (including across state lines) if necessary
• Release on another monetary condition

What if a defendant can’t raise bail? One solution is to get a bail bond, a guarantee by a bail bond company to pay the bail if the defendant does not show up for a court appearance. The defendant (or family or friend) pays the bail bondsman 10% of the total bail amount. The defendant does not get that money back.

When a defendant released on bail does not show up for a court hearing, the judge will issue a bench warrant for the fugitive’s arrest. When the defendant is returned to court, the court may then keep the bail money and/or keep the defendant in jail until the case is over.

Most defendants are in court for the first time. They may not understand the options available to the judge, or how to present their positions effectively. Although it is not necessary for the accused to have a defense attorney at an arraignment, a criminal lawyer has experience in court and may be able to negotiate better terms than the defendant. A defendant with no funds can request a public defender. Others are entitled to access to phones and resources to contact private counsel. A defense attorney will work to convince the court to agree to favorable terms, including minimal bail, bail despite the prosecutor’s recommendation against release, or an alternative form of release. If the judge is convinced the defendant poses no threat or flight risk, he or she may be released on recognizance (ROR)—that is simply the defendant’s promise to show up for all court appearances. A judge can also set non-monetary conditions, such as abstaining from drug or alcohol use, on the defendant’s release. Many criminal lawyers work closely with bail bond companies, and can refer clients to those agencies to fund their release.

Posted in Criminal Law | Tagged , , , , , , , | Leave a comment

Think before you consent!

Posted on January 30, 2012 by kusturisslaw

In everyday society a lot of time is spent talking about the fact that you should never talk to the police and/or give a statement without first talking to an attorney.  This constitutionally protected right is highlighted on the news, television shows,  movies and written about in novels.  But there is an equally protected right you have as an individual that does not seem to get as much attention.  That is the right to be free from warrantless searches and seizures.

If you are pulled over in your car by the police and they ask if they can search your vehicle, you have the absolute right to say NO!

If the police show up on your doorstep without a warrant and ask to search your home,  you have the absolute right to say No!

As a society we are afraid of saying “no” to the police.  People think that if they refuse the Police’s request to search that it will make them look guilty and so they feel they don’t have a choice but to comply.  Nothing is further from the truth… assert your rights, make the police follow the letter of the law and obtain a warrant, don’t roll over and give permission or “consent” to the search because you feel that you can’t say no!

If you or someone you love are facing charges as a result of a warrantless search, contact the Law Office of Attorney John E. Kusturiss, Jr., Esquire, P.L.L.C. today.  You may have a valid suppression issue that may change the whole outlook of your case.  Don’t gamble with your future hire an attorney with the experience to get you the results you deserve.

 

 

 

 

Posted in Drug Offenses | Tagged , , , , | Leave a comment

Protection from Abuse

Posted on January 13, 2012 by kusturisslaw

Pennsylvania’s Protection From Abuse Act originally passed in 1976 and was one of the first legislative acts in the nation designed to provide comprehensive civil remedies to victims of domestic violence.  While originally passed in 1976 it was amended in 1978 and 1988 and then repealed and replaced at Title 23 in 1990.  It was been amended several times since then, most recently in 2006.

The Protection From Abuse Act allows people in specified relationships to petition the court for a wide range of civil relief upon a showing of abuse.  “Abuse”  is defined by Title 23 for purposes of applying for a civil protection order as follows:

  1. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.
  2. Placing another in reasonable fear of imminent serious bodily injury.
  3. The infliction of false imprisonment pursuant to 18 Pa.C.S. section 2903.
  4. Physically or sexually abusing minor children.
  5. Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority under circumstances which place the person in reasonable fear of bodily injury.

Standing to petition for an PFA order pursuant to the Act is limited to people who are in specified relationships that include:

  • “Family or household members”, defined as spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, and other persons related by consanguinity or affinity;
  • Current or former sexual or intimate partners or persons who share biological parenthood.

A person in an eligible relationship who has experienced “abuse” may file a petition with the court requesting any of the following statutory remedies:

  1. Prohibition of abuse,
  2. Exclusive possession of a jointly owned or leased residence,
  3. Temporary custody or visitation with respect to minor children,
  4. Financial support
  5. Prohibition from contact with the plaintiff or children,
  6. Relinquishment of weapons,
  7. Payment for reasonable losses suffered as a result of the abuse, in addition to attorney fees,
  8. Prohibition of stalking or harassment,
  9. Any other appropriate relief.

If you or someone you love has been named as a defendant in a Protection From Abuse action it is no laughing matter.   Contact an experienced attorney at the Law Office of John E. Kusturiss, Jr., P.L.L.C. to discuss your case and the possible resolutions we can negotiate on your behalf.

Don’t face criminal charges alone, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 today!

 

 

Posted in Domestic Abuse | Tagged , , , , , , | Leave a comment

Sandusky Waiver; Smart Move?

Posted on December 14, 2011 by kusturisslaw

Yesterday morning, December 13, 2011, Former Penn State Football Coach, Jerry Sandusky waived his preliminary hearing in his sex-abuse trial.  This decision has shocked the legal community.  While every attorney approaches a case differently, Sandusky’s decision to waive his first opportunity to confront and lock these victims into a statement is puzzling.  Especially in light of the statements made by Sandusky’s defense attorney, Joseph Amendola, wherein he indicated that there will be no plea negotiations and that “this is a fight to the death.”

The preliminary hearing is your first opportunity to see how sympathetic a witness is, to determine how well that witness is going to hold up on the stand, as well as your first opportunity to cross examine them and challenge their story.  It is an invaluable tool to a defense attorney in preparation for a trial.

When asked by MSNBC yesterday, and reported in Maximum News today, about this perplexing legal move, Pennsylvania Criminal Defense Attorney, John E. Kusturiss, Jr., indicated that it is highly unusual for a defense attorney to waive the preliminary hearing if the case is going to trial.  Attorney Kusturiss went on to say that while he can’t speak for Sandusky’s lawyer, if he is handling a case that is going to trial he is having a preliminary hearing.  This sentiment was reiterated and shared by several other defense attorney’s consulted by MSNBC.

If you or someone you love is charged with a sex offense, an experienced Pennsylvania criminal defense attorney can make all the difference.  Don’t face criminal charges alone, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 to set up a free initial consultation and learn how we can help you!

Posted in Sex Offenses | Tagged , , , , , , , | Leave a comment

Assault Crimes in Pennsylvania

Posted on December 2, 2011 by kusturisslaw

Media, PA Criminal Defense Attorneys

An Assault charge may be leveled against someone when that person threatens violence/attempts to commit violence against another or when the person has actually struck or attacked, or otherwise committed unwanted physical contact upon another.  Depending on the gravity of the crime, assault can be charged as a misdemeanor or a felony in Pennsylvania and a conviction can result in a prison sentence up to 20 years.  If you have been charged with an assault it is a serious matter and you should consult with an experienced Pennsylvania criminal defense attorney immediately.

In the Commonwealth of Pennsylvania assault committed against certain classes of individuals carry a more severe penalty, Including:

  • Minors
  • Police officers, firefighters and other public employees
  • senior citizens

Another factors in determining sentencing on an assault conviction is whether the defendant committed another crime at the same time.  For example, if an individual assaulted the vehicle owner during a carjacking, he or she may receive a more severe sentence.  The court and the prosecutor also weigh the intent of the defendant in determining the severity of charges and punishment.

A simple assault that does not result in serious injuries typically is charged as a misdemeanor and a conviction may result in up to two years in prison.  A conviction on an aggravated and/or felony assault however, can result in a sentence of up to 20 years in prison, depending on the circumstances.

Talk to a Pennsylvania criminal defense attorney today:

Being charged with any crime is confusing and frightening.  Don’t face criminal charges alone, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 to learn how we can help you!

Posted in Assault | Tagged , , , , , , | Leave a comment

Medicaid / Medicare Fraud in Pennsylvania

Posted on November 11, 2011 by glmain

Recent reports estimate that Medicaid/Medicare fraud costs the U.S. government about 60 billion dollars annually and so federal prosecutors take Medicaid/Medicare fraud very seriously.  And if you are involved in an improper Medicaid/Medicare claim you could become the target of a government fraud investigation.  Even if you were not actively involved but were aware of improper or irregular billing practices you could face conspiracy charges and will need the help of an experienced Pennsylvania criminal defense attorney.

Common examples of Medicaid/Medicare fraud include:

  • Billing for tests not performed
  • Performing inappropriate or unnecessary procedures
  • Charging for equipment and/or supplies that were never ordered
  • Billing for new equipment when the patient was provided with used equipment
  • Having someone other than a physician fill out a Certificate of Medical Necessity such as a drug/equipment supplier
  • Billing for a defective or incomplete test
  • Inserting false diagnosis codes to get Medicare coverage/reimbursement
  • Using multiple codes when one inclusive code is required by the rules and regulations or submitting multiple bills to obtain a higher reimbursement when one bill should have been submitted.
  • Charging more than once for the same service or procedure
  • Inflating bills by using codes that indicate more complex and expensive procedures and medications were used than actually were
  • Submitting false reports in order to obtain higher reimbursement
  • Waiving patient co-payments

Get serious help for a serious charge

Whether you are a doctor accused of an unnecessary procedure, an administrator accused of falsifying billing or a patient accused of falsely attesting to receiving a procedure, we can help.  If you have been charged with or are under investigation for Medicaid/Medicare fraud, contact The Law Offices of John E. Kusturiss, Jr. online or call 610.565.0240 to discuss your case.

Posted in White Collar Crimes | Tagged , , , , , | Leave a comment

Pennsylvania Weapons Offense Defense Attorney

Posted on October 7, 2011 by glmain

In the Commonwealth of Pennsylvania, if a weapon was used in the commission of a crime, or was allegedly in your possession at the time of the crime you face sentencing enhancements.  A sentencing enhancement increases the length of your sentence if convicted.  Pennsylvania has severe weapons offense laws which could conceivably add several years to your sentence depending on the circumstances of your case.  An experienced Pennsylvania weapons offenses defense attorney can represent you in weapons charges including:

  • Carrying a concealed weapon
  • Carrying a weapon without required permits
  • Being a convicted felon in possession of a firearm

When weapons charges are involved in any violent crime, including domestic abuse, assault, homicide, stalking, and kidnapping the defendant is at greater risk for severe sentencing if convicted.  Even a simple altercation can be construed as aggravated assault or attempted murder.

In Pennsylvania, weapons laws are not restricted to handguns and the state has a long list of prohibited offensive weapons including:

  • Any bomb
  • Grenade
  • Machine gun
  • Sawed-off shotgun with a barrel shorter than 18 inches
  • Firearm specifically made or modified with a silencer
  • Blackjack
  • Sandbag
  • Metal knuckles
  • Dagger
  • Knife
  • Switchblade
  • Stun gun
  • Stun baton
  • Taser, or any electronic weapon

An experienced Pennsylvania criminal attorney is your best defense

An experienced Pennsylvania criminal defense attorney can investigate the circumstances of your case and mount an effective defense.  Whether you were unaware of registry expiration, that you were violating concealed weapons laws, your constitutional rights were violated by law enforcement or other circumstances brought about the weapons charge.  Contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 and schedule a free initial consultation to discuss your weapons offense case today.

Posted in Weapons Offenses | Tagged , , , , , , , , , | Leave a comment

Drug Arrests Made at Boeing Plant in Delaware County

Posted on September 30, 2011 by kusturisslaw

On September 29, 2011, Federal agents swooped down on the Ridley, Delaware County, Boeing plant and arrested more than 30 current employees.    At a press conference held later in the day, U.S. Attorney Zane Memeger, indicated that the arrests were the result of a four year Federal Investigation into the illegal distribution of prescription medications, such as the high-powered painkiller oxycodone.  Of the thirty-seven people arrested, those individuals that were Federally indicted for illegally distributing the narcotics will face maximum penalties that can range from 10 years in prison and $500,000.00 fines.

If you or someone you love is one of the thirty-seven people, arrested in connection with the September 29th Boeing raid contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today to meet with an experienced attorney for a free consultation.

At the Law Offices of John E. Kusturiss, Jr., P.L.L.C., we will fight on your behalf to ensure that your rights are protected and your case comes to a fair resolution.

 

Posted in Drug Offenses | Tagged , , , , , , , , | Leave a comment

Diabetes and Driving Under the Influence

Posted on September 16, 2011 by kusturisslaw

Diabetes affects about 25.8 million people in the United States.  It is a disease in which the body does not properly produce or use insulin, one of the primary hormones that regulate blood sugar levels.  In defending a driving under the influence or DUI charge, diabetes may cause your diabetic client to have complications that would not be present in other clients.  Namely, a diabetic may be suffering from a diabetic emergency that mimics alcohol impairment or your client could be suffering from the byproducts of diabetic metabolism that interfere with breath testing and perhaps even blood testing instruments.

Diabetics have difficulty regulating their blood sugar levels, as a result this can lead to a diabetic developing one of two dangerous conditions: hyperglycemia (high blood sugar) and/or  hypoglycemia (low blood sugar).  Both hyperglycemia and hypoglycemia can cause altered states of consciousness and poor driving which can be mistaken for alcohol impairment.  Additionally, Ketosis (when the liver converts fats to fatty acids and ketones when the body is not getting enough glucose into the cells) can even add a breath odor to a diabetic that can easily be confused with ethanol.  As a result there are many anecdotal reports of diabetics being arrested for driving under the influence when in fact they were having a diabetic emergency.

If you or a loved one is a diabetic and has been charged with Driving Under the Influence (DUI) contact the Law Office of John E. Kusturiss, Jr. P.L.L.C. today for a free consultation.

At the Law Office of John E. Kusturiss, Jr., we promise to take the time to  examine all contributing factors in your case to ensure that you are not convicted merely for “perceived” DUI symptoms that are actually the result of your diabetic emergency.

Posted in DWI / DUI | Tagged , , , , , | Leave a comment

Expungements…Should I get one?

Posted on September 6, 2011 by kusturisslaw

Simple answer, Yes!  If you have been convicted of a summary offense, made an admission to a juvenile offense, have been acquitted of a criminal offense or have participated in a diversionary program, it is worth your time and money to hire an attorney to have that record expunged.

Prior convictions accumulate into what is called a prior record score; the more convictions you accumulate the higher your prior record score becomes.  Your prior record score is important because it helps dictate your sentencing guideline range, i.e. how much potential jail time you will serve on a new offense.  Therefore the higher your prior record score becomes the harsher the potential punishment for a new offense becomes.

While most convictions are not expungeable, in some instances summary convictions and Juvenile Admissions can be expunged.  Contact The Law Office of John E. Kusturiss, Jr., P.L.L.C., today to see if your summary conviction or Juvenile Admission is expungeable.

Additionally, in today’s current job market, where most company’s used to only look at whether potential employees had a felony or misdemeanor conviction; now, even the record of an arrest may be enough to take you out of contention for a potential job.

While diversionary programs let you escape without a conviction they still leave you with a criminal record.  An employer will see that the charges were dismissed but they will also see that you were charged in the first place and this will leave you with a lot of explaining to do.

If you or someone you love is considering petitioning the Court for an expungement contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today to meet with an experienced attorney for a free consultation.

Posted in Drug Offenses | Tagged , , , , , , | Leave a comment