Kusturiss Law

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Legal Services Available at Kusturiss Law

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How Our Experienced Law Firm Can Help You

At Kusturiss Law, we have built our reputation on providing clients with premium legal services across a range of different categories. We want to help you navigate your legal proceedings whether you’ve been injured in a car accident or have been charged with a drug offense. The services that we offer mainly fall under the areas of personal injury and criminal defense.

Personal Injury Law Services

Being injured in any type of incident can make for a frightening and stressful experience, which is especially true if the injury was caused by the negligence of another individual or entity. Whether you were involved in a car accident or believe that you were the victim of medical malpractice, our experienced lawyers want to help you obtain the compensation that you deserve. Even small injuries can negatively impact your quality of life and cause emotional duress. In many of these cases the primary goal will be to prove that the other party was at fault for the injuries that you incurred.

The legal services that we provide at Kusturiss Law include all aspects of personal injury law as well as any claim size that you bring to us. The main facets of personal injury law that we accommodate include injuries that were derived from:

  • Motorcycle accidents
  • Car accidents
  • Tractor-trailer accidents
  • Bike accidents
  • Wrongful death lawsuits
  • Medical malpractice
  • Slip and fall incidents
  • Animal attacks
  • Uninsured motorist
  • Workers’ compensation issues

If you’ve recently been injured while on the job but aren’t receiving the compensation that you feel you’re owed, our lawyers will focus on obtaining a settlement offer that’s fair and meets your needs. The same is true with all other types of personal injury. We can even provide legal assistance for more unique case types like injuries from a dog bite. Our legal services can make sure that your recovery process is a smooth and straightforward one.

If you’ve been injured and believe that another person or company was at fault for your injury, you may be wondering when you should contact us. Many people choose to do so after they’ve received medical attention for their injuries. Once you contact us, we can help you navigate the insurance claims process and can advise you on what type of settlement offer you should accept.

If the settlement offer doesn’t match your needs, our law firm consists of highly experienced trial attorneys who can help build your case by obtaining expert witnesses and speaking to medical professionals if necessary. These attorneys understand what types of strategies are effective when in court. We want to help you maximize the amount of compensation you receive for your injuries. As such, our lawyers focus on gathering together all of the evidence and details pertaining to the incident before we present our arguments to a judge or another lawyer. Once you contact our Media lawyers, we’ll get started on building a strong case for you.

Criminal Law Services

When you’ve been charged with a criminal offense, we want to be there to help you through the situation so that we can provide you with a favorable legal defense. Criminal charges can be placed on a permanent record, which is why it’s in your best interests to retain legal services. Our law firm will take a look at every detail pertaining to your case, which will hopefully allow us to identify and adopt a strategy that will reduce your charges or get rid of them altogether.

Our criminal defense lawyers in Media have experience in building defenses for a wide variety of different case types, which include:

  • White collar crime
  • Juvenile crimes
  • Drug offenses
  • Violent crimes
  • Computer/internet crimes
  • Child Pornography
  • DUI/DWI
  • Theft crimes
  • Sex crimes
  • ARD
  • DUI sentencing guidelines
  • Civil rights

We aggressively protect the rights that you as a criminal defendant has. No matter the charge, we will help you understand the complex legal process so that you can have a better understanding of what the results of your case may entail.

The representation that we provide to our clients extends to charges involving the violation of both state and federal laws. One of our primary goals when defending a client is to first make sure that the arresting officer had probable cause to perform a seizure, search, or arrest. We will then try to learn if you were properly advised about your Miranda rights at the time of arrest. If possible, we will attempt to lessen the penalties that you’re facing. There are also times when the evidence doesn’t stack up, which is why we always conduct an extensive review of the details of your case. Once you contact us, we’ll help you get the hearing that you deserve.

Service Areas Covered by Our Pennsylvania Law Firm

While our law firm is located in Media, PA, we provide our legal services to a large number of nearby towns and cities. The main service areas that we accommodate include Broomall, Springfield, Aston, Aston Township, Garnet Valley, Lansdowne, Brookhaven, Darby, Ridley Park, Upper Darby, Newtown Square, Chester, Collingdale, Marcus Hook, Glenolden, Sharon Hill, Clifton Heights, Folcroft, Yeadon, Aldan, Folsom, Chichester, Woodlyn, and Boothwyn. If you reside in any of these areas, we’ll be happy to help you determine what your legal options are.

Whether you live in Aston Township or Marcus Hook, call our Pennsylvania law firm today at (610) 565-0240 so that we can take a look at your case and provide you with the representation you need.

Drug Possession Charges and Possible Defenses

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Everything You Should Know About Drug Possession Laws in Pennsylvania

Being in possession of an illegal drug can come with stiff penalties, which is why you should be aware of state laws regarding drug possession. In 2010, there were more than 56,000 arrests for drug abuse violations, which goes to show just how prevalent this issue is. If you have been arrested for a drug abuse violation and would like some help with representing your case, our attorneys at Kusturiss Law can provide you with the assistance you need. 

Drug Possession Laws in Pennsylvania

In the state of Pennsylvania, it’s considered a crime to be in possession of certain controlled or illegal substances, such as cocaine or marijuana. If you are arrested for being in possession of one of these drugs, it’s up to the prosecutor to prove that you intentionally or knowingly acquired such a substance. Charges might not be brought if the defendant is in possession of a valid prescription to go along with the drug. The penalties that a person can receive for being in possession of an illegal or a controlled substance depend largely on the amount and type of the drug. 

Defenses That Are Commonly Used

There are several different defenses that are commonly used for drug possession charges, which mainly include a lack of knowledge or intent to possess the drug. It’s possible that the substance came into a person’s possession unknowingly under certain circumstances. Another defense that’s regularly used is that there was an insufficient amount of the drug in the defendant’s possession. Some of the additional defenses that are commonly used for drug possession charges include an unlawful search and seizure of the drugs, entrapment issues, the drug being prescribed by a doctor, and the defendant having a license that allows him or her to carry the drug. 

Potential Penalties to Consider

When you’re charged with possession of an illegal or a controlled substance, the charge could be a misdemeanor or felony. Penalties can vary substantially depending on the type of drug as well as how much was in your possession. For instance, having less than 30 grams of marijuana is considered to be a minor misdemeanor that carries a penalty of up to 30 days in prison as well as fines of up to $500. If the drug is considered to be a narcotic drug like cocaine or heroin, the fines and penalties are typically much higher. For possession of a narcotic drug, it’s possible to be charged with a felony. 

These felony charges can come with a jail sentence of up to 15 years as well as fines that amount to as much as $250,000. The fines could be higher if there were any profits or assets that were built up from the illegal drug possession. Keep in mind that the higher penalties typically apply to the selling of a drug. If a person is caught in possession of a drug like cocaine, the penalties in Pennsylvania typically involve a misdemeanor charge that comes with up to one year in jail and up to $5,000 in fines. These penalties will be more severe for subsequent offenses. When looking at the same possession charge for cocaine, a subsequent offense comes with as much as three years in jail and $25,000 in fines. 

How Our Criminal Defense Attorneys Can Assist You

Since the penalties for drug possession differ substantially depending on how much was in your possession and the type of drug, our criminal defense attorneys can help you build a strong defense that takes every facet of the case into account. Our lawyers at Kusturiss Law have garnered an extensive amount of experience in handling drug possession cases, which means that we understand which defenses are most effective and how they could apply to your case. We want to help you reach a favorable outcome.

If you’re in need of an attorney to help with your drug possession case, call our criminal defense lawyers in Media today at (610) 565-0240 so that we can provide you with quality representation.

How to Get Evidence in a Case Suppressed

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Evidence Could Be Suppressed Prior to a Trial

During fiscal year 2016, 151,460 people were taken into custody by federal authorities according to the Bureau of Labor Statistics. However, just because a person is taken into custody doesn’t mean that he or she is guilty of a crime. An attorney may attempt to get evidence suppressed in an effort to help an individual obtain a favorable outcome in a case.

A Formal Motion Will Be Made to Suppress Evidence

The first step in the process of having evidence suppressed is to file a formal motion asking for this to occur. The motion will outline the evidence that you or your legal counsel wishes to be excluded from a legal proceeding. Furthermore, it will generally list the reason why the request has been made. Typically, there is an issue with how a police office or detective obtained an item or a statement.

What Are the Grounds to Seek Suppression of Evidence?

There are many reasons why evidence in your case could be suppressed. For instance, if an officer violated your Fourth Amendment right to unreasonable search or seizure, evidence collected related to that search could be thrown out. If an officer did not read you your rights prior to taking you into custody, anything that you say may be excluded from a trial or another proceeding.

Are There Exceptions to Fourth Amendment Protections?

There may be exceptions to protections granted by the Fourth Amendment depending on the facts in your case. For instance, there is generally no basis to exclude evidence in the event that it could violate someone else’s privacy in the process. That person or entity would likely need to file their own motion with the court or otherwise seek recourse for any issues it could cause. Exceptions may also be made for evidence that would likely have been discovered anyway or evidence that was discovered through largely legal means. Furthermore, if an officer was acting in a good-faith manner when evidence was found, that may be enough to overcome any objections to its introduction at trial. Your criminal defense attorney may be able to provide more insight into why evidence may be allowed or disallowed in your matter.

What Happens if Evidence Is Excluded?

In the event that a motion to suppress evidence is successful, it is like the prosecution didn’t find or otherwise have it at all. Depending on the strength of the remaining case against you, the matter could still proceed to trial. It is also possible that you will have more leverage for a plea deal in the matter. If there is no other compelling evidence to proceed with a criminal charge, a prosecutor may decide to simply drop the matter. If the matter is dropped, you are a free person and will not be subject to further scrutiny unless new evidence or new charges are filed.

What Happens if Evidence Is Not Excluded?

In the event that a motion to suppress is not granted, there are other ways in which an attorney may be able to dispute its validity or veracity. For example, it could be possible to claim that a witness is not qualified or competent to offer testimony. Other strategies may include attacking the accuracy of a blood test or other chemical tests used to charge you with a crime. The goal of attempting to discredit evidence in court is to put doubt in the mind of a juror. If your attorney can do this, it may allow for an acquittal in your case. If you need help with a criminal matter, you can contact Kusturiss Law in Media, Pennsylvania, by calling (610) 565-0240. You can also use the contact form on the website or visit our law office during normal business hours. Weekend appointments may also be available.

Criminal Defense Attorneys in Eastern Pennsylvania and New Jersey

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Our Criminal Defense Attorneys Can Help

There’s no doubt that you value few things more than your freedom, but when you’re facing criminal prosecution, your freedom is at risk from the threat of incarceration, heavy fines, and other consequences. These consequences will follow you much longer than any amount of time you might spend behind bars. A criminal conviction can make it difficult for you to obtain housing or employment for the rest of your life. If you’re ultimately convicted of a felony, then you can expect to lose your right to vote as well as your right to own a firearm. The good news is that not every arrest results in a criminal conviction. With the right criminal defense attorney, you may be able to beat the charges against you and avoid a conviction on your record. If you’ve been arrested in the Media area, the experienced Media defense attorneys at Kusturiss Law can help defend you. The attorneys with Kusturiss Law have been representing clients in and around Media for years and have developed a reputation for their zealous advocacy and high level of service.

Our Lawyers Handle Criminal Law Cases

The state governments of Pennsylvania and New Jersey apply severe penalties upon the conviction of most criminal offenses. When it comes to federal crimes, the penalties are typically even stricter. No matter if you’ve been charged with a state or a federal crime, the prosecutor in your case will aggressively pursue your conviction. You won’t be facing a single prosecutor, though. The prosecuting attorney in your case will carry the weight of the government with him or her, including the investigative power of law enforcement and a full state-owned crime lab. If you’re convicted of a crime, the severity of your sentence will depend on a wide range of factors. These factors include the nature of the crime, your prior criminal record, and any aggravating factors that might apply. No matter the charge, the experienced Media defense attorneys at Kusturiss Law can build you a strong defense. Some of the most common types of cases taken on by Kusturiss Law include:
  • Juvenile crimes
  • Theft offenses
  • Sex crimes
  • Violent crimes
  • DWIs and DUIs
  • Computer and internet crimes
  • Civil rights violations

Representation You Can Rely On

If you or someone you love has been charged with a crime in the Media area, then a discussion with an experienced criminal defense attorney may be able to shed some light on the serious nature of the charges. You have guaranteed rights under the U.S. Constitution, but without an attorney by your side, it’s possible those rights will not be protected. The prosecutor in your case has his or her own agenda, so you need someone on your side to even the odds. Kusturiss Law was founded on the guiding principle that everyone is entitled to strong representation. Our attorneys will meet with you and review every aspect of your case. We’ll begin by listening to your story and reviewing available documentation, such as the arrest report. Our attorneys understand that law enforcement makes mistakes and will listen to you to understand what the police records might have gotten wrong. If you retain our law firm, we’ll review with you our game plan for building the strongest defense possible. Our attorneys will enter your case into the record and handle your court appearances. We know how important this matter is to you, so we’ll work tirelessly to keep you informed of anything that happens in your case. As it progresses, we’ll fully investigate every claim to determine if you have any valid defenses. We’ll also review the conduct of law enforcement to make certain that your civil rights were never violated. If we determine that the evidence against you was obtained illegally, we’ll seek to have it excluded from a trial. It might even be possible to have your case thrown out. Some criminal cases could be resolved without the need for a trial. However, in many cases, your best option for a favorable outcome is to take the case to trial before a jury of your peers. The attorneys at Kusturiss Law approach every case as if it will ultimately go to trial. This approach gives you the best chance of having your rights protected and obtaining a favorable outcome.

Contact Our Office Today

Do you need a defense attorney in Eastern Pennsylvania or New Jersey you can rely on? The experienced professionals at Kusturiss Law can help residents of Media as well as those living in Springfield, Broomall, Aston, Aston Township, Garnet Valley, Brookhaven, Lansdowne, Ridley Park, Darby, Upper Darby, Chester, Newtown Square, Marcus Hook, Collingdale, Sharon Hill, Glenolden, Clifton Heights, Yeadon, Folcroft, Folsom, Aldan, Woodlyn, Chichester, and Boothwyn. All initial consultations are free. To schedule your appointment, you can call us at (610) 565-0240 or contact us online. We know your time is valuable, so we offer evening and weekend consultations upon request. We’ll strive to address any questions or concerns you may have throughout this process. Our team is looking forward to working with you.

How the 2018 Criminal Justice Reform Changes the System

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The First Step Act and the Prison Population

A 2018 study by Pew Charitable Trusts found that the prison population in the U.S. had increased significantly from 1980 to 2010 in all 50 states. Tougher crime laws have not lessened the U.S. prison population or its recidivism rates. The First Step Act, which Congress enacted in late 2018, is designed to reduce the population of nonviolent prisoners and is the most substantial criminal justice reform in at least 25 years.

About the First Step Act

The First Step Act is federal legislation that reforms the federal prison system. The core goal is to relax punitive sentencing, give judges greater leeway and provide avenues by which inmates can rejoin the economy in a productive and sustainable manner. The federal prison system accounts for just 10 percent of the country’s prison population. This number is not insignificant, and while the Act cannot mandate reform at the state level, proponents hope that it will set a standard for reform that is already underway throughout the country. Effective reform in the last decade has taken many different shapes, including:

  • Reduced prison sentences
  • Legalization of marijuana
  • Defelonization of drug offenses
  • Greater leniency for first-time offenders
  • Greater leniency for nonviolent offenders

Expanding the Safety Valve

A safety valve was created for federal judges by the Violent Crime Control and Law Enforcement Act of 1994. This crime bill defined five criteria. If a person, based on his or her criminal history, met that criteria, then the judge had sentencing leeway within the law. The goal here is to allow for judicial discretion on a case-by-case basis. The First Step Act broadens the criteria for first-time and nonviolent offenders. This gives a judge greater freedom to not have to hand down mandatory minimum sentences. It also eases the three strikes rule, which can require a 25-year prison sentence regardless of the context. Finally, this legislation prevents federal prosecutors from stacking charges from a single criminal incident to achieve longer sentences.

Good Time and Earned Time Credits

Inmates are currently allowed to earn up to 47 days per year if they avoid a disciplinary record. These good time credits have been expanded by the Act up to 54 days a year. This particular change was retroactive, which meant that some prisoners were freed as soon as the bill was enacted. The First Step Act also introduced earned time credits, which inmates can acquire by participating in various rehabilitation and vocational programs. The goal is to reduce the prison population by focusing on those people making the effort to obtain the skills they need to not backslide once they’re released. These programs include:

  • Education
  • Job training
  • Wellness rehabilitation
  • Community reintegration
  • Personal and social counseling

Not Every Inmate Is Eligible

While all inmates have the right to earn good time credits and earned time credits, not all of them have the right to cash them in. Any inmate deemed a higher risk will generally be ineligible, and that status is often applied to a person who has committed a high-level crime, such as murder or kidnapping. Undocumented immigrants who are incarcerated are also ineligible. The criteria are not hard and fast overall, however. No one person is making these decisions directly. Rather, an algorithm determines eligibility based on a wide range of factors.

The Algorithm Remains a Polarizing Concept

The algorithm is a work in process. Even many proponents of the bill were not happy with the algorithm as is but conceded due to how impactful the legislature would be regardless. Still, many argue that the algorithm is at risk of perpetuating the class and racial inequalities that are already entrenched in the system.

The Local Representation You Need Today

At Kusturiss Law, we focus on criminal defense law. Our law firm has taken on many different defense cases involving clients who were facing first-time charges as well as those charged and even convicted previously. Let us help you. Contact our law firm to schedule a free in-person consultation. You can contact us online or call our office in Media, Pennsylvania, at (610) 565-0240.

DUI Mistakes to Avoid if Pulled Over

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Avoid These Pennsylvania DUI Mistakes When Pulled Over

If you have recently been accused of a DUI, the moments immediately after the officer pulls you over and accuses you of drinking and driving are important. This is because many people make the mistakes in their DUI case immediately after being accused, and don’t realize the administrative or the criminal penalties that may apply.

DUI Check point

You should always speak with a lawyer to get more clarification on how you intend to proceed with a DUI case so that you have the facts fresh in your mind. This is one of the best ways to avoid a problem and to ensure that you take your case seriously.

What follows are several of the most common mistakes made at the scene of a DUI arrest:

  • Assuming that the case is impossible to win. If you speak to a criminal defender who starts to tell you immediately about your options for pleading guilty, it’s a good idea to get a second opinion. This can be a big mistake to assume that the case it over with before it even begins
  • Not visiting the scene. Make sure that you ask your criminal defense lawyer if they are comfortable or familiar with the area where the accident or the stop occurred. This is because you will want to conduct a comprehensive investigation and identify whether or not there are any challenges that can be used to threaten the government’s case.
  • Stipulating to the BAC presented by the authorities. You should never allege that the BAC is perfectly accurate until you have had an opportunity to identify whether or not this is true. In some cases, the machines used to identify blood alcohol content have not been properly calibrated or the person conducting the test did not know how to do it appropriately. You should always question whether or not this information is accurate rather than simply assuming that what the police officer says is automatically true.
  • Failing to put together a pre-trial motion. In practically every case of DUI in Pennsylvania, a pre-trial motion should be argued and filed. This is true even when no preliminary hearing was held.
  • Not questioning the validity of roadside tests. Roadside tests can be wildly subjective and may not actually identify whether or not a person is guilty of DUI. This is what makes it so important to retain an attorney who is knowledgeable about this field of the law and who will fight back.
  • Not using expert witnesses. Expert witnesses can make a big difference in winning and losing a trial. You may need to engage expert witnesses if there are extenuating circumstances in your case. This is particularly true as it relates to the reliability of breath or blood testing results. Expert testimony can be used to show that the officer in question was not handling the case appropriately. You need to talk to an experienced criminal defense attorney who is knowledgeable about DUI and one who regularly utilizes expert services. These are often an invaluable part of the equation.
  • Waiving a preliminary hearing. If you plan on contesting the charges against you, you should be prepared to head into the preliminary hearing. Just as if you pleaded guilty, you will be found 100% of the time by waiving a preliminary hearing because this means that you are not contesting the charges.

It is far better to schedule a consultation with an experienced criminal defense attorney who will walk you through every phase of your case and help you feel more prepared about what to expect. There are so many different circumstances that can affect the outcome of your DUI case but all of them can benefit from talking to a lawyer.

CONTACT THE KUSTURISS LAW

At Kusturiss Law, we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Allegations of White-collar Crime

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What You Need to Know About Allegations of White-collar Crime

Although violent crimes and felonies will typically carry significant consequences for a person convicted, white-collar crime is a serious issue as well. Far too many people downplay the potential implications of white-collar crime, and therefore, do not retain an experienced criminal defense attorney immediately.

However, white-collar crime can do damage to your reputation as well as to your record. If you are convicted of a white-collar crime, you can anticipate criminal penalties to apply as well as the potential for this criminal record to follow you around for years to come, making it difficult for you to get a new job or even to rent an apartment. Most people are not familiar with the many different kinds of crimes that fall under the umbrella of a white-collar crime classification. Most white-collar crimes fall under these various categories:

  • Fraud
  • Embezzlement
  • Tax evasion
  • Money laundering
  • Fraud

Many white-collar crimes include some type of allegation of fraud, such as taking money or property from another person for the purpose of financial gain. One of the most commonly referenced types of fraud has to do with securities.

Embezzlement

Embezzlement may include taking money illegally, usually from an employer. These cases may involve:

  • An employee who is secretly diverting money from an organizational account or the company into personal bank accounts.
  • An accountant who is accused of stealing from the company.
  • An investment advisor who is accused of misusing client money.

Tax Evasion

Illegal avoidance of taxes and any behaviors that are associated with it under federal or state tax laws are referred to as tax evasion. Tax evasion can even include filling out a tax form inappropriately. Both businesses and individuals can be accused of tax evasion. You can expect that if the government is pursuing tax evasion charges against you that they have already gathered evidence and therefore you need to respond swiftly and with the proper documentation.

Money Laundering

Money laundering encompasses a broad range of different types of activities that can all land an accused person in hot water. In general, it refers to;

  • The process of hiding illegally obtained money.
  • Transactions that make it look like the money was illegally obtained.

Other Types of White-Collar Crimes

These are just a couple of examples of the most commonly charged white-collar crimes. There are many different criminal acts that can fall under this umbrella and many of them are not properly understood by a person who is accused.

Often when prosecutors move forward with allegations of white-collar crime, they have already been studying the person for a long period of time and may have already developed a compelling case against you.

This is why it is so important to hire an experienced criminal defense attorney to represent you, because the other side has a leg up as they may have known about these issues for some time and are prepared to move forward with a trial immediately. Your lawyer usually plays multiple roles in these scenarios, all working towards the best outcome for you whenever that is possible. This includes:

Reviewing the evidence used to charge you

  • Evaluating whether or not your rights were violated
  • Communicating with prosecutors and working towards a plea deal
  • Gathering all the evidence and witnesses that could be used to illustrate your innocence in court
  • Making sure that if bail is assessed in your case, that it’s a reasonable amount given the circumstances.

You deserve to have someone in your corner who will do everything possible to protect your best interests, so do not hesitate to get help from an experienced lawyer immediately.

Contact the Law Office of John E. Kusturiss, Jr.

At the Law Office of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Avoiding Mistakes When Pulled Over for DUI

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Avoid These Pennsylvania DUI Mistakes When Pulled Over

If you have recently been accused of a DUI, the moments immediately after the officer pulls you over and accuses you of drinking and driving are important. This is because many people make the mistakes in their DUI case immediately after being accused, and don’t realize the administrative or the criminal penalties that may apply.

You should always speak with a lawyer to get more clarification on how you intend to proceed with a DUI case so that you have the facts fresh in your mind. This is one of the best ways to avoid a problem and to ensure that you take your case seriously.

What follows are several of the most common mistakes made at the scene of a DUI arrest:

  • Assuming that the case is impossible to win. If you speak to a criminal defender who starts to tell you immediately about your options for pleading guilty, it’s a good idea to get a second opinion. This can be a big mistake to assume that the case it over with before it even begins
  • Not visiting the scene. Make sure that you ask your criminal defense lawyer if they are comfortable or familiar with the area where the accident or the stop occurred. This is because you will want to conduct a comprehensive investigation and identify whether or not there are any challenges that can be used to threaten the government’s case.
  • Stipulating to the BAC presented by the authorities. You should never allege that the BAC is perfectly accurate until you have had an opportunity to identify whether or not this is true. In some cases, the machines used to identify blood alcohol content have not been properly calibrated or the person conducting the test did not know how to do it appropriately. You should always question whether or not this information is accurate rather than simply assuming that what the police officer says is automatically true.
  • Failing to put together a pre-trial motion. In practically every case of DUI in Pennsylvania, a pre-trial motion should be argued and filed. This is true even when no preliminary hearing was held.
  • Not questioning the validity of roadside tests. Roadside tests can be wildly subjective and may not actually identify whether or not a person is guilty of DUI. This is what makes it so important to retain an attorney who is knowledgeable about this field of the law and who will fight back.
  • Not using expert witnesses. Expert witnesses can make a big difference in winning and losing a trial. You may need to engage expert witnesses if there are extenuating circumstances in your case. This is particularly true as it relates to the reliability of breath or blood testing results. Expert testimony can be used to show that the officer in question was not handling the case appropriately. You need to talk to an experienced criminal defense attorney who is knowledgeable about DUI and one who regularly utilizes expert services. These are often an invaluable part of the equation.
  • Waiving a preliminary hearing. If you plan on contesting the charges against you, you should be prepared to head into the preliminary hearing. Just as if you pleaded guilty, you will be found 100% of the time by waiving a preliminary hearing because this means that you are not contesting the charges.

It is far better to schedule a consultation with an experienced criminal defense attorney who will walk you through every phase of your case and help you feel more prepared about what to expect. There are so many different circumstances that can affect the outcome of your DUI case but all of them can benefit from talking to a lawyer.

 

Contact The Law Office of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Update: Lancaster Jury Delivers $8.5M Verdict to Disabled Boy

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Our client was born premature at 26 weeks. The first 10 days of his life he developed a grade four periventricular bleed on the left and a grade 3 periventricular bleed on the right. It goes without saying that he suffered a lot of brain damage as a result of these bleeds which had him developmentally delayed. The first seven months of his life he spent in AI DuPont Children’s Hospital dealing with these issues. Once he was stabilized he was transferred to defendant’s pediatric nursing home as he had a trach and was vent dependent. It was our expert’s opinion that he would’ve been trach free in five years but probably closer to two. At that point in time he would’ve been able to go home. Our expert opined that as a result of his brain injury from his prematurity he would’ve suffered mild to moderate permanent neurologic damage. While in the pediatric nursing home he was also on a feeding tube. Once again it was our experts opinion that he would’ve been able to be weaned off of the feeding tube within a couple years.

At eight months of age (5 months corrected age) he was found in cardiac arrest as a result of the trach being dislodged and his pulse oximeter not being attached to him in addition to being turned off. Our theory of the case was that if the pulse oximeter had been attached per the physician’s orders as his oxygen saturation went down the alarms would’ve gone off the problem found, corrected and he would’ve suffered no further injury. This was born out as he had had prior desaturations from plugs and other complications with the trach. It was defendant’s position that while they were negligent there negligence did not cause any further injury. Accordingly they stipulated to negligence but went to trial on causation. At the end of the trial we moved for a directed verdict on causation as we got the defendant experts to agree that the anoxic event did cause further brain injury. They still held to the position that he would’ve needed the total care he gets today as opposed to being able to go home as our expert testified to. Our life care plan totaled $19 million.

The verdict was for $8,490,000.00

The jury ended up splitting the difference between our projected lifespan and the defendant’s highest projected lifespan.

Now the rest of the story, we have just prepared a delay damages petition requesting another 1.7 million in delay damages.

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Results are what count!

When it comes to criminal defense or personal injury law matters, don’t gamble with your legal representation, hire an experienced attorney.

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The Law Offices of
John E. Kusturiss, Jr.
323 East Front Street
Media, PA 19063

Phone (610) 565-0240
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