WHAT HAPPENS IF A COP DOESN’T READ YOU YOUR RIGHTS
9/21/2020Have you or a loved one been arrested or interrogated without being read your Miranda rights? If so, the police may have violated your legal rights under the U.S. Constitution. Whether the police violated your legal rights depends on the details of your case. If your rights were violated, it could provide a legal basis for getting your case thrown out or for suppressing evidence at trial. A civil rights or criminal defense attorney can help determine whether your rights were violated and how it might affect your criminal case. If your arrest took place in Philadelphia or the surrounding areas, contact Philadelphia based civil rights and criminal defense law firm Wimmer Criminal Defense Law for help. What Are Miranda Rights? The Fifth and Sixth Amendments to the U.S. Constitution give you several fundamental legal rights. The 5th Amendment provides, for the purposes of Miranda, that a person cannot be compelled to be a witness in their own criminal case and has a right to an attor
GENERAL GUIDE TO CRIMINAL DEFENSE IN PHILADELPHIA
9/16/2020If criminal charges have been handed down against you, you face the possibility of going to jail or prison as well as substantial fines. Upon conviction, you will be left with a permanent criminal record, which can affect virtually every aspect of your life. You need an experienced Philadelphia criminal defense lawyer on your side fighting for your freedom and your future. Call on attorney Lauren Wimmer of Wimmer Criminal Defense Law. I understand how frightened and overwhelmed you feel, but you do not have to face this challenge alone. For a comprehensive consultation and case review, contact me now or call 215-712-1212 to learn more. The Importance of Having an Experienced Criminal Defense Lawyer in Philadelphia
Is It Considered Theft if You Remove a Law Enforcement G.P.S. Tracking Device from Your Automobile?
8/31/2020Technology continues to improve the lives of Americans, providing new abilities and innovations. With such technology, it is often difficult to determine how extant laws should apply and how an individual's rights are affected, leaving citizens and law enforcement to walk a legal tightrope. Such is the case with G.P.S. tracking devices used by law enforcement agencies as a means to gather evidence. If you have questions about these G.P.S. tracking devices in regards to your legal rights, reach out to a knowledgeable Philadelphia criminal defense lawyer today. Supreme Court Ruling on Law Enforcement G.P.S. Use In 2012, the Supreme Court gave law enforcement agencies the authority to place G.P.S. tracking devices on an individual's vehicle without the individual’s knowle
Is it Legal to Videotape or Record Police?
8/24/2020Many people are unsure of their rights in regard to videotaping or taking photos of police action. With the recent public scrutiny on police misconduct and brutality cases, it is imperative to know what the legalities are when it comes to recording or taking pictures of the police while they are on the job. If you believe you wrongly received criminal charges due to recording the police, contact a knowledgeable Philadelphia criminal defense attorney for help as soon as you can. Your Constitutional Right to Take Audio and Video Recordings In no uncertain terms, you have a constitutional right to take photos and videos of anything that is visible from a public space, including: Federal buildings Transportation facilities
The Death Penalty and Whether a Death Row Inmate Has the Right to a D.N.A. Test
8/17/2020As his execution date approached in the Fall of 2019, many Americans became aware of Rodney Reed’s case. Reed was convicted for the 1996 murder of Stacey Stites. A small amount of Reed's sperm was found inside Stites's body after her passing. Reed argues that this was the result of a consensual relationship. He has requested numerous times that the murder weapon be tested against his D.N.A., and each time he has been denied. The State of Texas also continues to ignore additional evidence that could potentially exonerate Reed. For now, he has been granted an indefinite stay of execution by the Texas Court of Criminal Appeals while he remains incarcerated. The United States Supreme Court declined to hear Rodney Reed’s case in February 2020. However, the Court emphasized that the evidence in Reed's case "should not be brushed aside." The trial court in Texas will hear the case in late 2020, which puts the issue
Protesting and Philadelphia Disorderly Conduct and Criminal Mischief Charges
8/10/2020Recent events across the country have brought a number of national issues to a boiling point. As a result, many Philadelphians joined with protesters in cities of nearly every state to express the need for immediate change. Some of these protesters were arrested and charged with disorderly conduct or criminal mischief. While such charges might seem small in comparison to more serious charges, any type of criminal record can have a far-reaching impact on almost every area of your life. If you were protesting or exercising your rights to peacefully assemble under the Constitution and ended up receiving charges for either disorderly conduct or criminal mischief, you need the trustworthy representation of a knowledgeable Philadelphia criminal defense attorney as soon as possible. What Is Considered Disorderly Conduct?
Philadelphia Terroristic Threats Attorney
8/3/2020In Pennsylvania, terroristic threats is a commonly charged criminal offense. A simple argument between two individuals that escalates into a fight or a threat can become the basis for a terroristic threats charge. In the same way that terrorists inspire fear in order to accomplish their goals, an individual making a threat that causes someone else to fear violence can be charged with terroristic threats. For instance, if two individuals are arguing and one of them threatens to kill the other, the first individual could be charged with terroristic threats if it can be proven that the threat was made with the real intent to commit homicide. Under Section 2706 of the Pennsylvania Crimes Code, a person commits the crime of terro
Philadelphia Post-Conviction After-Discovered Evidence Test
7/27/2020If you or someone you love has been wrongfully convicted of a crime or excessively sentenced after a trial or guilty plea, a knowledgeable Philadelphia criminal defense attorney who specializes in the Post-Conviction Relief Act, otherwise known as the PCRA, can help. A court case does not necessarily end with the jury announcing its verdict and a judge imposing a sentence. Whether a wrongful conviction takes place because of a legal error made by a trial judge or due to the ineffective assistance of counsel provided by the criminal defense attorney during your trial or appeal, both Pennsylvania and federal laws provide several ways to challenge a wrongful conviction. What Is the PCRA? The Post-Conviction Relief Act
The First Step Act
7/21/2020The First Step Act is a law enacted to support criminal justice reform. The Act became law when President Trump signed it on December 21, 2018 and it is a product of bi-partisan desire to cultivate better outcomes for criminal justice. It aims to reduce the population of the nation's federal prisons while also building strategies to keep the public safe. Reducing Recidivism with the First Step Act Under the First Step Act, the United States Attorney General is tasked with creating a risk and needs assessment tool that will be used by the Bureau of Prisons (BOP). This tool will examine the recidivism risk and criminogenic needs of federal prisoners. Based on those risks and needs, prisoners will be placed in recidivism-reducing programs, activit
What to Expect if You are Indicted on Federal Charges in the District of New Jersey
7/14/2020If you have been accused of a federal crime, you likely have many questions about your immediate and long-term future. The workings of the federal justice system are not something that most people understand, especially when they are charged for the first time with a criminal offense in federal court. You might be wondering if you will be arrested, where you will be taken, how the federal bail system works, if you will need to appear in court, if you will be held in jail or allowed out before trial, if a plea deal is possible, or if you should be questioned when your New Jersey federal criminal lawyer is not present. At Wimmer Criminal Defense Law, we are committed to helping our clients navigate the federal criminal justice system and protect their rights and future. The Department of Justice reports that there is a