State versus Federal Possession with the Intent to Distribute Charges
1/17/2019Possessing a controlled substance with the intention of unlawfully distributing that substance is illegal under both federal and state law. A conviction can result in high fines and long periods of incarceration in either a federal or state prison. If you are facing possession with intent to distribute charges in either the federal or the state court systems, you need an experienced attorney representing you. At Wimmer Criminal Defense Law, our knowledgeable team of lawyers can represent you throughout your entire case and work towards obtaining the best possible outcome on your behalf. Federal Possession with Intent to Distribute Under federal law, in order to be convicted of possession with the intent to distribute, all three of the following legal elements must be satisfied: Illegal drug possession Specific intent to distribute the drug in question Possession of the drug with the specific intent to distribute the drug in question In federal cases, a federal prosecutor
Can I Avoid a Criminal Record if I Enter the Summary Diversion Program in Philadelphia?
12/20/2018What is a Summary Diversion Program? Can I Avoid a Criminal Record if I Enter the Summary Diversion Program in Philadelphia? The Philadelphia District Attorney’s Office and many of the offices in the various counties within Pennsylvania have developed special programs as an alternative to going to trial or simply pleading guilty and paying court costs and fines. These programs are often appropriate for defendants whom have never been arrested or previously convicted of a crime, the evidence against them is compelling, and they have been charged with a summary offense such as Disorderly Conduct, Underage Drinking, or Criminal Trespass. Disorderly Conduct (§ 5503) is often charged
Wire & Mail Fraud FAQ
1/2/2019Wire and mail fraud are two commonly charged - yet commonly misunderstood - federal criminal offenses. Federal prosecutors are able to add wire or mail fraud charges to many other fraud-related cases, often resulting in additional potential penalties. The following are some frequently asked questions regarding wire fraud and mail fraud. To discuss a specific case, please contact our criminal defense law firm as soon as possible. What is wire fraud? Wire fraud is any fraudulent act to achieve wrongful gain that makes use of the telephone, internet, or other electronic communications such as television or radio. This is a criminal offense set out by the Wire Fraud Act, which criminalizes any scheme using such communications that involve false misrepresentations, promises, or pretenses intended to defraud someone to gain money or propert
Federal Firearms Offenses Often Coincide with Other Charges
12/26/2018Each state has its own complex laws regarding firearm possession. Federal law also regulates the possession, use, sale, and purchase of firearms across the United States. These laws are enforced by numerous agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA). Federal prosecutors regularly charge individuals with firearms offenses, including: Unlawful possession of a firearm Selling a firearm to a prohibited individual Falsifying gun purchase records Using or possessing a firearm in connection with a violent crime or drug trafficking operation The last-mentioned offense can be particularly serious, as it will coincide with other federal charges that come with potentially severe penalties of their own. When a firearm is added to the mix, a conviction can mean a
How a Lawyer May be Able to Suppress Evidence in a Federal Drug Case
12/17/2018In order to convict any defendant of a crime, federal prosecutors must prove every element of the offense beyond a reasonable doubt. Such proof happens by presenting evidence, which can include physical evidence, written statements, witness testimony, video or audio recordings, scientific test results, and much more. One important way that federal defense attorneys protect their clients’ rights is by ensuring that only evidence admissible under the Federal Rules of Evidence can be submitted to the jury. When a defense lawyer identifies that evidence should not be admissible, they can file a motion for the court to suppress the evidence, which if granted, means the prosecutor can’t use that evidence against a defendant. The more evidence that is suppressed, the less evidence the prosecutor has to prove the case. Suppression of evidence is especially important in drug-related cases. The Exclusionary Rule
What is Entrapment?
12/10/2018Entrapment is a possible legal defense that can be used against a variety of criminal charges. In order to be convicted of a crime, a defendant must engage in the alleged unlawful conduct willingly and voluntarily. If a law enforcement officer convinces someone to commit a crime that they would not have otherwise committed, they did not commit the crime voluntarily under the law and can raise the defense of entrapment. Entrapment is a rare defense and generally stems from undercover sting operations. In such an operation, an officer may deceptively pose as someone interested in criminal activity, whether as a partner or a victim. While an undercover officer should only be gathering evidence of criminal activity, officers may often persuade others into engaging in criminal activity that they were not previously planning. When a sting operation rises to this level, it can constitute illeg
5K Motion in Federal Criminal Cases
11/19/2018You’ve likely seen movies in which a prosecutor offers a mobster a deal if they give up information about other criminals. While this is a common and expected theme in movies and TV shows, it also happens in reality – and more often than one might expect. If you are facing federal criminal charges, you should be aware of all your rights and options under the law, including options for sentence reductions such as a 5K motion. For this reason, you should seek the assistance of a skilled federal criminal defense lawyer as soon as possible to understand every option available to you in your case. At Wimmer Criminal Defense in Philadelphia, we are thoroughly familiar with the federal justice system and how to seek the best possible outcome for each and every client. If you believe you are under investigation, have been arrested, or are facing federal charges, you should not wait any longer to get the right legal defense. Call today at 215-712-1212 or
Shoplifting in Philadelphia Can Result in a Long Term Criminal Record
11/12/2018If you have been accused of shoplifting legally known as “retail theft” in Philadelphia you are in all likelihood facing misdemeanor theft charges. If the value of the goods allegedly taken exceed $2,100, involve a vehicle or firearm, or this isn’t your first or second offense you will face more serious felony charges. It is important that you understand you have the right to remain silent. Follow the instructions of the arresting officer but do not talk about anything that happened or profess your innocence. When you are being questioned simply tell them “I want to speak to my lawyer,” and call me immediately for a free consultation at 215-712-1212. While shoplifting or retail theft is one of the most common crimes throughout Pennsylvania, many people simply don’t take shoplifting charges very seriously. I can tell you retail theft
How About a Little Hope for a Monday Morning? Criminal Charges Are Not a Game Ender!
11/5/2018If you are facing criminal charges because of a DUI or fight or some other event that happened this weekend you may be really worried about what is going to happen to you and how much it’s going to cost. My first advice is: take a breath. Philadelphia courts take a while to work through a criminal case, and there is a lot I can do to help you and affect what happens at each step along the way. Call me right now for a free consultation at 215-712-1212. We will discuss what has happened and how cases like yours are typically handled. My clients usually feel much better after speaking with me and have peace of mind knowing what to expect, how the process works and genuine hope about what I will do to help. If charges haven’t been filed yet, I can work with the
New Jersey Pretrial Intervention Program
10/17/2018The Pretrial Intervention Program, commonly referred to by the courts as PTI, is a program that is voluntarily entered into by a defendant after he or she completes an application and in-person interview. Whether a defendant is eligible for the pretrial intervention program is based on many factors including the defendant’s age, prior criminal record, the nature of the offenses with which the defendant has been charged, and the degree of violence, if any, in the charges. The pretrial intervention program is a diversionary and rehabilitative program. It is diversionary in that if you are accepted you will not have to go to trial and face a conviction. If you complete all terms of the program successfully, the charges will be dropped against you. The program is also rehabilitative in that your application will be reviewed and a treatment plan appropriate to your case may be developed by a counselor. A rejection from the pretrial intervention