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Pickpocketing Penalties in Philadelphia

Benari Law Group — Thu, 25 Apr 2013 17:20:00 GMT

Like in all big cities, tourists in Philadelphia need to watch their wallets. There are always thieves roaming about in congested areas, waiting to pick a pocket and get some extra cash. Pickpocketing can be anything from plucking a wallet out of a person's back pocket to taking a woman's purse from under her chair at a restaurant or stealing a briefcase on the ground at a businessman's feet. Most of the time, pickpocketing is a phantom crime, and it is hard to detect the individual who committed the offense unless he or she is caught as he or she is running off with the item.

According to Clever Travel Companion, it is hard to know just how many people get pickpocketed every year. This is because most incidents of pickpocketing are not reported because travelers may be in a foreign city or country when the crime takes place and don't want to take the time to report the offense. Sometimes, the police don't accept the reports because there is nothing that they can do about them unless the offender is caught. Some people hire children to pickpocket for them and reward them with money and other prizes if they are able to swindle wallets, jewelry, and other items off of those exploring a city.

Philadelphia is home to many pickpockets, and a recent article in Philly.com highlighted this ordeal. An individual wrote to the news source, discussing a pickpocket situation. His wallet was lifted when at a restaurant, and it took only a few minutes before there was a charge for $600 sunglasses on his credit card. This illegal act can be punished if the thief can be traced. If a thief steals more than $2000 worth of property from an individual, this can come with a maximum penalty of seven years in prison. For example, a pickpocket who lifted a designer handbag that carried a designer wallet that was filled with at least $1,000 worth of cash may be considered a theft that was over $2,000 in value.

A pickpocket who stole an item valued over $200 from a person can spend up to five years in prison, and a theft charge for an item that is over $50 can spend up to one year in prison. Depending on the values that were taken from you, your offender may qualify to face these sentences. You will want to be aware of your surroundings when travelling in Philadelphia or any other large city where pickpockets abound.

If you were accused of pick pocketing, a Media PA criminal defense attorney can help you. With the right attorney on your side, you may be able to prove that you were misrepresented and weren't guilty of pickpocketing. For example, a pickpocket may have swiped a person's wallet and then placed it in your coat pocket after lifting the cash, hoping that you would be framed for his or her offense. As well, you may have been accused of pick pocketing if you accidentally picked up another's purse mistaking it as your own, or if you picked up an individual's jewelry after it fell off. Learn more about theft crimes by clicking here.

Whenever you are mis-accused of a crime, you want a Media PA criminal defense lawyer to help. The attorneys at Benari Law Group have big firm experience and understand what it takes to challenge the prosecution in a case. With the right lawyer on your side, you can be confident that you are doing everything necessary to secure a fair trial. Hire a lawyer at the firm to fight for you in your theft crime case today. You can read more about the Benari Law Group on their Google+ and Facebook if you want more information!

A Woman's Attempt to Kill a Snake Turns into a Burning House

Benari Law Group — Fri, 22 Mar 2013 19:57:00 GMT

What was intended to be the killing of a yard snake, resulted in the burning down of a Texas woman's home. According to reports, this lady was cleaning the outside area of her home when she discovered a snake lurking on her yard, and it clearly frightened her to death. Not knowing what to do, she decided it needed to die and she covered it in gasoline and told her son that he should light it on fire. Her son went inside to grab the matches and he threw it onto he snake. What they didn't expect was the snake to quickly slither into a small pile of brush on the side of the house, causing the flames to spread.

The brush pile rapidly lit up and eventually spread over to their home, and the mother quickly called 911. She told the dispatcher that her home was on fire because she tried to kill a snake. By the time Liberty Eylau Fire Department arrived on the scene, their home was nearly demolished by the flames and the next door neighbor's home was severely damaged as well because of the incident. According to the Fire Chief, burning animals are known to cause large fires, and by this family doing so near their home it was a recipe for disaster.

Whether this woman was arrested for arson has not been released, however it is entirely possible that there will be charges because her actions resulted in the burning of not only her own home but also her neighbors. Here in Pennsylvania, if a person starts a fire and it causes property damage they can be forced to pay severe fines, as well as be sentenced to 16 months up to 3 years in prison for their actions. In the event that you have been arrested for arson, contact an experienced Media PA criminal defense lawyer at the Benari Law Group today for the legal representation you deserve in this time!

Kensington Raid Reveals Guns, Bombs and Drugs

Benari Law Group — Thu, 14 Mar 2013 20:11:00 GMT

The Philadelphia Police Narcotics Division chose to serve a search warrant on a home that was located on East Thompson Street after they were contacted about a man who lived there. Neighbors believed that the resident might be a drug dealer, and wanted the situation checked out as soon as possible.

When the police obtained a search warrant, they went into the home and discovered two pipe bombs, assault rifles, and marijuana plants. Because it is expressly illegal for anyone who has been using drugs to carry a weapon and because of the tightening weapon laws at present, the situation was taking very seriously. The authorities were shocked by the weapons within the house and called the ATF and the bomb squad to the scene as a result. The bomb squad placed pipe bombs into a container and transported them away.

They will be investigated. The marijuana plants at the home were also removed. The dealer was taken into custody, and his identity has not yet been released. A neighbor says that he hardly ever sees the shady character, but assumed that he was a nice and neighborly man. He says that one of the only times he communicated with the suspect was when eh would shovel snow outside his home in the wintertime. Neighbors had no idea that the offender was hiding so many illegal properties inside the innocent looking home.

Neighbors are now apprehensive and frustrated to know that there were bombs only a few feet from their precious residencies. If you have been arrested for possession of an illegal firearm or possession of drugs like marijuana, you are going to want representation in your case. A lawyer at the Benari Law Group is willing to take on your case. You want a Philadelphia defense attorney who understands the implications of your charges and can convincingly show that you have been misrepresented. Hire an attorney at the Benari Law Group today!

An Overview of Pennsylvania Arson Cases in 2012

Benari Law Group — Fri, 21 Dec 2012 19:12:00 GMT

This past year was packed full of legal cases and courtroom battles involving arson and other crimes that were committed in correlation with arson. Arson is legally defined as the malicious and intention setting fire to buildings, wild land areas, cars and other properties with the intent of causing damage and possibly collecting insurance compensation. Philadelphia has been home to many suspected arson cases in 2012, and one of the most recent cases involves arson vandalism in Northeast Philadelphia.

Two special needs vans with handicapped lift provisions were set on fire and intentionally destroyed, and this incident followed four other intentionally set fires in the vicinity of the same neighborhood. The police currently have no suspects for this crime and no motive beyond the vandalism that was present, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT) is currently involved in the case. This type of federal involvement is common in arson cases, and those who are accused of arson will be heavily prosecuted in federal court.

Even though arson does not usually cause injury or harm to others, it is still considered to be a felony offense in the state of Pennsylvania. When arson involves an inhabited or occupied building or structure, endangers the life of another person, or causes bodily injury, it will be classified as a felony of the first degree with a possible death sentence penalty. This was the case in the central Pennsylvania arson case on November 15^th when a man set fire to a home that killed a toddler.

The Western Pennsylvania town of New Castle was also home to an outburst of arson during 2012, when a series of arsons erupted in April and torched at least 12 buildings. The Fire Administration estimates that 14% of arsons occur in blighted areas, which refers to communities that have a large number of abandoned buildings. Regardless of whether an arson takes place in an abandoned building or an occupied residence, these criminal charges typically result in serious charges that must be addressed immediately.

According to the FBI, only 18.8% of arson offenses were cleared in 2011, and one-third of these cases involved juveniles. The FBI has also stereotyped arsonists according to the locations they typically set ablaze and the type of lives that they live. FBI statistics say that arsonists are typically male loners who are unemployed or working menial jobs, and the motivations for arson range from boredom to drug use or alcohol. Most arsons take place at night and are twice as likely to occur in urban communities as in rural or suburban communities.

Despite all of the attention given to arson investigations, there is a low arrest rate for these cases. Law enforcement agencies have openly admitted that it's difficult to profile arsonists because few people are ever caught. The prosecution needs eyewitnesses and statements in order to prove an arson, and those who are accused of this serious crime should seek help from a proven Philadelphia criminal defense attorney. With more than 40 years of combined experience in the criminal justice system, the criminal lawyers at Benari Law Group are able to build the best possible defense for those accused of arson. Call today to schedule a consultation to start fighting your charges today.

Learn About the Guns and Drugs Law of Pennsylvania

Benari Law Group — Mon, 26 Nov 2012 19:38:00 GMT

Oftentimes, important laws say hidden in the files in a court house. You may think that these legal issues don’t affect you and it doesn’t matter whether or not you are aware of them. Yet that will all change when you are standing in the court house and are charged with a greater offense then you anticipated because of a loophole law which allows for greater sentences. If you live in the city of Philadelphia, then one of these little-known laws is the Guns and Drugs Law This law was created in 2004, and is listed as Act 225 of 2004 in the records. It is a strict law that comes with inflexible punishments.

This Guns and Drugs Law declares that any person who is convicted of three separate crimes involving drugs or a violent offense with a gun faces a mandatory 15-year federal prison sentence. For example, if you are caught selling heroin and serve your punishment, and then are caught committing assault with a deadly weapon and convicted, you are one offense away from these serious punishment. If the police catch you dealing methamphetamines later on in life, you will be taken to court with the potential to be sentenced under the Guns and Drugs Law. If the jury finds you guilty, then you will spend 15 years in a federal prison. This Philadelphia law doesn’t allow for much negotiation. Convicted felons cannot obtain work release or pre-release; they will be expected to serve all 15 years behind bars.

This law also requires a mandatory 5-year prison sentence for anyone who is caught and convicted of drug dealing while in possession of a firearm. If you are in possession of a gun, or if a gun is found in close proximity to the drugs that are being smuggled and sold, you may be issued this sentence. Even accomplices may be forced to serve the 5-year sentence if they have a firearm in their possession. Before this law was passed, the state of Philadelphia required that those who were convicted of a first-degree violent felony be given a mandatory 5-year-prison sentence. Yet the original law did not include drug deals in the list of violent felonies. Now, selling any illegal narcotic is considered a violent crime in this city.

This law is a key component of the Blueprint for a Safer Philadelphia which was designed to address violent crime in this Pennsylvania city. The “Blueprint” was a collective effort that was drafted by the District Attorney’s Office, the School District, the U.S. Attorney’s Office, the Governor’s Office, the Legislature, the Governor’s Office, the Philadelphia Police Department and other law enforcement entities. In order to inform the younger generations of these new rules, the Philadelphia schools have been using a Juvenile Justice Curriculum in middle schools for the past 7 years. This curriculum teaches junior high students about the Philadelphia laws and the prosecution and prevention that have been put in place to reduce gun violence.

The enactment of the five-year mandatory sentence for gun traffickers is a strong initiative against violence in Philadelphia and the city officials hope that it will continue to discourage people from committing illegal actions in the city. If you have been arrested for a violent crime regarding a firearm or a drug deal, then you are going to want an accomplished, local attorney to help you. When you have been charged with a crime, you want someone who knows the courts and the city laws to help you out. At the Benari Law Group, you can work with locals who understand how your crime is prosecuted in this city. The Benari Law Group has 4 offices located all throughout the state of Pennsylvania. Our Philadelphia office is located at 2 Penn Center Suite 200 Philadelphia, PA 19103. If you want to learn more about us, visit us on Facebook or follow us on Twitter. We update our social media sites regularly in order to keep you up to date on the latest Pennsylvania news and inform you of recent accomplishments that our firm has experienced. You can also check us our on Google+ for more information.

With a Philadelphia criminal defense attorney from the Benari Law Group on our side, you will have a knowledgeable fighter there to help. The attorneys at our firm have made it their profession to help those in need in the state of Pennsylvania. We don’t want you to go to prison for a crime that you didn’t commit, or suffer through a punishment that you don’t deserve. Talk to us today!

Want to Get in Touch with the Benari Law Group? Here's How!

Benari Law Group — Tue, 20 Nov 2012 17:38:00 GMT

If you are interested in hiring the Benari Law Group to work on your southeast Pennsylvania criminal defense case, then you need should get in touch with the firm using the social media pages that they have created. In addition to exploring the Benari Law Group website, you can locate all of the attorneys from this firm on Avvo. Each attorney has a profile, rating, resume, and client review page on this website where they are evaluated based on their experience, industry recognition and professional conduct. Mr. Benari has been praised by his client and had his former clients say that he brilliantly skilled and the best lawyer to trust with your case. Because the Benari Law Firm is made up of seven uniquely talented lawyers, you can check out each lawyer individually on Avvo to learn more about them. There’s Noa Zilbering, Kevin Mark Wray, Michael Maroto, Joel Benecke, and Keith Harbison in addition to Mr. Benari himself.

If you want a more collective overview of the firm, then you can check them out on Facebook. “Like” the Benari Law Group Facebook page and our status updates and wall posts will go straight to your newsfeed. Because many of these posts are links to informative news articles or blog posts, it may be in your best interests to “like” the page. This Facebook page also has blurbs about the firm, including achievements that they want to announce and changes in address. As well, the Benari Law Group updates this Facebook page depending on what cases that they are going through and will post helpful legal advice. If you want to enhance your knowledge of criminal defense law in Pennsylvania, then liking this Facebook page may be a great first step.

As well, you can add the firm to your circles on Google+. This page has an extensive firm biography, and we update the page often with helpful tips on how to handle certain crimes. For example, recently we posted a link to an informative web page about tax fraud, to better help those accused of this crime. You can also follow the firm on Twitter. The firm updates their Twitter feed consistently with firm news, facts about criminal law, and links to their Wordpress blog. Whether you are a Google+ user or a Twitter fan, allow the Benari Law Group to be a part of your social media experience. You can use these outlets in order to get to know the firm better and stay up to date on their activities. We also provide a helpful criminal defense blog for our clients and provide a resource page so that those accused of a crime can be prepared to face the courts. Contact us today if you want to gain more information about our firm or set up a consultation!

Learn More About the Benari Law Group

Benari Law Group — Mon, 12 Nov 2012 22:33:00 GMT

Facing criminal charges is a situation that no person would choose to go through, and yet for many different reasons, arrests happen. The thought of going to court, let alone the fear of being convicted, can be overwhelming; which is why hiring an experienced defense attorney is so crucial. Are you in a similar situation? Have you been accused of driving under the influence or of theft? Did you cheat on your taxes and are now looking at fraudulent charges? The possibilities are endless, and because of this, the Benari Law Group was established to offer criminal defense to those who are currently in a bind with the law.

The Benari Law Group was founded as a way to offer legal services to any individual who is facing criminal charges. If a person is being an accused of a simple misdemeanor, all the way to a felony charge; our firm is ready and willing to offer you the defense that is deserved by any American. Here in our country we have the privilege to fight criminal charges, so we encourage those who are accused of a crime to contact an attorney who has experience and technique to fight your case. Our firm has 40 years of collective legal experience and has been able to help numerous Philadelphia residents in their legal matters.

Knowledge and experience are two important factors to consider when hiring an attorney, and our firm offers you both. For more information and background on our legal team, click here. We have had the privilege of assisting many clients to freedom and because of that we are confident in what we do. While, no person can ever guarantee the outcome of case, we can promise at the Benari Law Group that we will do whatever it takes to fight for our clients. Time and effort are necessary to make a strong defense, and we are prepared to do the investigations and research so that we are adequately prepared to do just that.

Our firm offers criminal defense in a variety of different areas including, but not limited to: DUI charges, white collar crimes, violent crimes, kidnapping, juvenile case, tax fraud, traffic violations, theft charges and many more. When an individual is accused of a violent crime, this specifically means that it is a serious offense, and can vary from an assault charge, to domestic violence, to murder and more. If an individual is facing charges for this, the penalties with the law are often more serious than that of a misdemeanor crime because of the harm it caused to another person. Whatever the case may be, if you have been accused of a violent crime, you still have the right to a strong defense, and our firm wants to do that for you. It is not unheard of that an argument takes place, and after one thing leads to another, someone dies; even if the shove that caused a person to hit their head was an accident, the other person will likely face charges for murder. The Benari Law Group wants to fight for those in similar situations as well.

Have you been accused of driving under the influence? DUI charges, depending on the severity of the situation, can lead to many consequences if a person is convicted. Penalties could range from a small fine and a short suspension of your license, all the way to jail time and more. No matter the severity of your charges, hiring a defense attorney is essential to see to it that you either receive a lesser sentencing or the charges are altogether dropped.

Juvenile crimes can be a sticky situation for any family to go through, not only because of the fact that their son or daughter is being accused of a crime, but also because of the fact that depending on what they are being accused of will determine if they are charged as a minor or an adult. For example, if a 15 year old kid commits a violent murder on his school campus, he will likely be charged as an adult because his actions were so severe. Every situation is unique, and the court will determine each one specifically based off of the evidence before them. Kids make mistakes, and sometimes very big ones; and they deserve the chance to be defended as well. As an experienced firm, the Benari Law Group has worked specifically with juvenile cases, helping them either dismiss the charges or receive a less severe punishment. If your loved one is a juvenile and they have been accused of a criminal act, you want to hire an attorney who will care for them and the situation, and our firm will offer that to our clients.

When dealing with a criminal case, many times those who are being accused will feel even judged by their attorneys, and we want our clients to know that were see them as a person, not a case number. Every individual who has been accused of a crime has a story, and we want to help the court understand that story by making a strong defense. We want to help our clients, not judge them.

If you or someone you know has been accused of a crime, don’t wait another moment to take legal action! If an individual is convicted, their life may be affected forever and we want to help see to it that it doesn’t in a poor way. The Benari Law Group is a Philadelphia criminal defense attorneys office that wants to help our community face their charges with someone who cares, and will stand by their side. Our office is located at 2 East Penn Center #200 Philadelphia, PA 19103, click on our Google Plus link for helpful directions to our office from wherever you may be.

Consider following our firm on Facebook or Twitter to receive helpful tips involving criminal defense and relevant law or news topics. Even if the information posted doesn’t apply to your current situation, it may be a way to help a loved one in the future. Fill out a case evaluation here or call our office at (610) 566-1006 to get started on your way to fighting your criminal charges. Our firm is committed to the people, and if you choose to hire us as your representation in tough times, we will be dedicated to help you in whatever way we can. Don’t wait any longer to take action—contact us today!

Philadelphia Police Officer Punches a Woman

Benari Law Group — Fri, 12 Oct 2012 18:10:00 GMT

A Philadelphia police officer will lose his job for his actions at the Puerto Rican Day festival. The officer was caught on tape punching a woman in the face, and was consequently suspended. Now authorities say that the officer will not only lose his job, but possibly face criminal charges. After the initial incident, the Philadelphia Police Commissioner issued a statement saying that the officer will be suspended for a 30 day period with the intent to be permanently dismissed.

Whether or not the officer is criminally charged depends on the District Attorney. The video of the incident was recorded by someone attending the Puerto Rico Day festivities. The video shows the victim walking across the street when the officer reaches out and punches her in the face. The woman falls to the ground and the police officer proceeds to handcuff her and take her away.

The video shows the woman's face bleeding as she walks away. According to police reports, the woman allegedly threw a beer bottle, which solicited the punch. She was initially charged with disorderly conduct but these charges were later dropped by the District Attorney. The woman denied that she participated in any disorderly conduct.

The officer who is poised to lose his job is a 19 year old veteran with the Philadelphia Police Department. According to information released by a local radio station (WWPV), the officer had 13 other complaints filed against him during his career. This police officer may be facing assault charges, which is typically considered a second degree misdemeanor in Pennsylvania. If you are facing charges such as this and you're looking for a strong defense, contact Benari Law Group. We have more than 40 years of combined experience and can fight to see that you get justice.

Three High School Teachers Allegedly Had Sex with Students

Benari Law Group — Thu, 04 Oct 2012 18:16:00 GMT

Three teachers from Triton High, a South Jersey high school just 12 miles south of Philadelphia, have been accused of having sex with their students. According to inside sources, rumors of alleged affairs between high school girls and their young male teachers had been brewing for some time, but allegations did not officially surface until today. The Camden County Prosecutor's Office has recently confirmed the exact charges facing the three Triton High teachers. According to county officials, the principle of the high school knew of the alleged misconduct after one student came forward, but did nothing.

The principle has been charged with official misconduct after admitting that she was attempting to protect the teachers. The vice principle of the high school has also been charged with official misconduct after allegedly coercing the student who came forward to write her statement a different way. This is the result of a two-month-long investigation, and according to the prosecutor's office, it revealed "a permissive culture at Triton High School that allowed these crimes to take place unchecked." Law enforcement sources also claim that the teachers were involved with the three female students outside of the classroom and frequently communicated with them via text message, which is deliberately against school policy.

Exact charges include official misconduct, sexual assault endangering the welfare of a child and criminal sexual misconduct. The teachers alleged of these crimes have since been suspended from the school. At Benari Law Group, we frequently handle cases such as this where our clients have been accused of various sex crimes. If convicted, these men could face lengthy periods of time in jail and will have to register permanently as sex offenders, among other penalties. Serious allegations such as this deserve a serious defense, and our firm is able to provide it. To learn more, contact Benari Law Group today.

Own an ATV? Don't Let There Be a $2,000 Fine In Your Future

Benari Law Group — Thu, 20 Sep 2012 23:00:00 GMT

All-terrain vehicles (ATVs) are popular three or four wheelers that normally get brought out a lot in Pennsylvania during the warmer seasons. These vehicles can be dangerous, however:

Between 1982 and 2008, 9,633 people have died in ATV accidents
2,588 of these victims were under the age of 16
In the last 10 years, the number of children killed in off-road vehicle accidents has increased by 88%
Between 1985 and 2002, riders under the age of 16 have accounted for 37% of injuries related to ATV accidents
Male ATV riders comprised 77% of injuries related to ATV accidents between 1995 and 2003
Death reports received by Consumer Product Safety Commission (CPSC) staff represent a minimum count of ATV-related deaths because not all ATV-related fatalities are reported

Pennsylvania takes these statistics seriously, as this week CBS reported that Philadelphia officials are considering imposing hefty fines on individuals who drive their ATVs on sidewalks. In the words of the city's councilwoman, "Typically we always see an uptick with ATVs in the spring of every year, and during the summer, in highly populated neighborhoods. And the operative word is 'neighborhoods'- where our children are playing. That's a problem."

As a result of this problem, the city is attempting to pass legislation that will make ATV riders pay $2,000 and possibly have to forfeit their vehicles, if they are caught operating an ATV on properties and sidewalks controlled by the city. The current fine is $300 for operating an ATV on city streets.

The councilwoman said, "This bill is in response to what many of my colleagues will tell you is the number one complaint from constituents- the illegal riding of ATVs throughout streets and neighborhoods in Philadelphia." If you are facing a traffic ticket of any kind, the Benari Law Group has handled many clients' traffic tickets. Don't settle for points on your record, an increased insurance premium or lost driving privileges!

Texas Man Sentenced to 99 Years in Prison for Repeated Sex Crimes

Benari Law Group — Fri, 31 Aug 2012 20:10:00 GMT

According to The Associated Press, Eric McGowen was scented to 99 years in prison yesterday for repeated offense of sexual assault crimes. Reports share that this man was sexually abusing an 11 year old girl on multiple occasions, at least five times in the period of a few short months in 2010. This young girl discussed her story in tears, and stated that not just McGowen was sexually abusing her, but explained that there were at least 20 men and boys from her town that were involved in the acts.

At the time the 11 year old came forward, McGowen was out on bail, and when he heard word that she came forward, he fled. Unfortunately this case had also been causing a great division between the community, some who were fearful for their own children, and others who were claiming that this young girl dressed in a suggestive manner and which led to her abuse. During the investigations the police discovered that a fellow classmate of the young girl had allegedly seen a video of one of her sexual assaults in an abandoned trailer, and they used that to fight their case.

The prosecutors did their research, and approached the court with over a dozen witnesses coming forward to testify against the accused, this also include the victim, who now is 13 years old. The jurors didn’t take long to determine their verdict; in only a half hour they deemed him guilty of the sexual abuse charges and then sentenced him to spend the rest of his life behind bars for his crime that had overwhelming evidence against him.

As stated previously, there were a suspected 20 men and boys that anticipated in these crimes and McGowen was the first of them to go before the court. All these suspects have been found, 6 minors and 14 adults, have now pleaded guilty for their actions and are currently pending their trials to determine their sentencing. Being accused of the sexual assault of a child is a heavy charge to face, and it is one that the state takes very seriously.

In the event that you are facing these sorts of charges, it is crucial that you contact a defense attorney who is skilled in this particular category of criminal defense. Sex crimes are not taken lightly in this country, and in order to be properly defended you want to have a firm that has handled these sorts of cases successfully in the past. We can give no guarantees for any trial outcome, though we can say that we will do whatever it takes to fight for your case. Contact the Benari Law Group today for a defense attorney that you deserve, we want to help you fight for your rights!

FAQ: Field Sobriety Tests

Philadelphia Criminal Defense Lawyer — Mon, 04 Jun 2012 21:20:00 GMT

For many people, there is general confusion about field sobriety tests. To help clear up any misconceptions regarding this form of DUI testing, the Benari Law Group has compiled some of the most commonly asked questions regarding field sobriety tests and have provided accessible answers. It is highly encouraged that you look through this brief informational FAQ. If you still have questions regarding the DUI process or any other issue relating to criminal defense, it is in your best interests to contact a Philadelphia criminal attorney from our firm as soon as you possibly can.

What is a field sobriety test?
Field sobriety tests are often the first tool utilized by law enforcement officers during a DUI arrest. Used as a way to determine the level of impairment, there are several different tests that can be utilized – including standardized and non-standardized versions.

What are the standardized versions of field sobriety tests?
The National Highway Traffic Safety Administration (NHTSA) created three tests for standardized field sobriety testing that, when used together, can be used to "obtain validated indicators of impairment and establish probable cause for arrest." These tests include the horizontal gaze nystagmus (HGN), the walk and turn (WAT) and one leg stand (OLS).

How accurate is this form of testing?
It has been reported by the NHTSA that when all three forms of standardized field sobriety tests are used together it results in an accuracy level of 91 percent. The accuracy levels for each one individually include a 77 percent level of the HGN, 68 percent for the WAT and 65 percent for the OLS.

Do field sobriety tests have any major flaws?
The major weakness in field sobriety tests is that they are primarily subjective. While there are "guidelines" as to how they should be administered and what should be considered red flags during the testing, they are not set in stone. In fact, most of these tests are left up to the opinion of the arresting officer.

Shooting Ends in One Fatality and Three Arrests

Philadelphia Criminal Lawyer — Tue, 29 May 2012 19:56:00 GMT

It has been reported by the Delaware County Daily Times that on Sunday, May 27, that there was a fatal shooting at around six in the morning near south Philadelphia. Authorities have stated that the victim, a man in his late twenties, was shot multiple times. He was immediately taken to the Hospital of the University of Pennsylvania, however, was pronounced dead on the way to receiving medical treatment.

After officers responded to the scene of the crime, the police officers proceeded to chase a vehicle with the four alleged suspects. During the chase, a gun was thrown outside of the vehicle. Eventually, the car came to a stop and three of the men were arrested. The fourth is currently being sought by the local police departments.

In the state of Pennsylvania, the criminal action of murder is taken extremely seriously. Per §2502 of the Pa. Code, it is considered first degree murder should a homicide occur through intentional killing. This is legally defined as killing through the use of poison or by "willful, deliberate and premeditated killing." It is murder of second degree if the defendant was either a principal or accomplice during the commission of a felony. All other forms of murder are legally considered to be third degree.

In some cases, however, if the crime was not premeditated, it could be considered to be manslaughter. Voluntary manslaughter is defined under §2503 as the killing of an individual without "lawful justification" but without premeditation. This is typically considered a crime that is committed during the "heat of the moment" and when the defendant is under a serious provocation. This is considered to be a first degree misdemeanor. Per §2504, it can be considered involuntary manslaughter should the defendant have been guiltily acting unlawfully, recklessly or negligently and caused the death of another person. This is generally considered a first degree misdemeanor.

Philadelphia Police Department Installs Surveillance Center

Philadelphia Criminal Attorney — Thu, 22 Mar 2012 18:25:00 GMT

The Penn's Division of Public Safety and the Philadelphia Police Department have joined forces to create a 24-hour surveillance center in Philadelphia. The center will see incoming 911 calls, pull camera images from crime scenes and have access to SEPTA's surveillance system. Philadelphia joins 9 other cities across the nation who have created a real-time crime center, and this one may be the best yet.

According to the Philadelphia Police Department's Commanding Officer, the new center will have real-time analysis, an operation center, and a daily watch. The center will also be equipped with a confliction function which helps to inform police throughout the city on which department is handling which investigation. The surveillance center has been in the planning stages since 2008, and is supposed to help Penn's Department of Public Safety in controlling crime.

Philadelphia has also implemented automatic license-plate readers as of January, and this improved system has led to the recovery of 50 stolen cars in a month's time. The center is supposed to relieve some of the 100,000 plus calls that come to PennComm from the Penn community every year. The center is still working on technological improvements, and is scheduled to be in operation in October.

Once the center is fully running, individuals throughout Philadelphia can probably expect to see a rise in the number of arrests and trials for criminal offenses. With the increasing number of allegations, it is important for anyone who has been accused to seek legal representation from a skilled defense lawyer. Being accused of a crime, even a misdemeanor offense, can have a widespread effect on one's life and future. A Philadelphia criminal lawyer at our firm can investigate the charges that are brought against you and determine the best method for defending your rights. Contact a Philadelphia criminal attorney at our firm today to start receiving the superior legal defense you need.

Two Philadelphia Teens Die on ATV from Bullet Wounds

Criminal Attorney in Philadelphia — Fri, 16 Mar 2012 18:20:00 GMT

Two teenage boys were mowed down in a blast of gunfire from an AK-47 assault rifle while they were riding a stolen four-wheeler throughout North Philadelphia on Monday night. The boys, ages 17 and 18, were riding an all-terrain vehicle that was stolen from upstate Pennsylvania when the automatic gunfire erupted around 8 p.m. At least 30 shots were fired, according to the Chief Inspector, striking the boys, the ATV and three houses on the block as well.

Both boys were transported to the hospital before being pronounced dead. The younger boy had suffered several shots to the head and leg, and the older teen was hit several times throughout his body. Police are still unsure what sparked the gunfire and they have not taken any suspects into custody. No other bystanders were injured in this accident and there are no surveillance cameras in the area to seek further information from.

Six people have been shot in Philadelphia as of 11 p.m. last Monday, and there have been 69 total murder victims in 2012 so far. This number is slightly higher than the number of murders at this time last year, and police are likely to step up their efforts in criminal investigation and reducing crime throughout Philadelphia. Being charged with murder is considered a felony offense in the state of Pennslyvania, and those who are convicted of this violent crime may face lengthy imprisonment, heavy fines and restitution, loss of driving privileges and other penalties as well.

It is important for anyone accused of a crime to seek the legal protection of a talented Philadelphia defense attorney. The time surrounding a criminal accusation is paramount to the future of your life, and it is essential to have the help of a skilled attorney who can help you avoid conviction. Contact a Philadelphia defense lawyer at our firm today to learn about how we can effectively defend your rights against all types of criminal charges.