8.14.16
Q: Attorney Tully, is retaliation against a prosecutor common in criminal cases? A: Nah. In the five years I was a prosecutor, I never had a Defendant who was convicted come back after me when he got out. It is extremely rare. To get a conviction for retaliation against a prosecutor, a distinct harm against […]
8.7.16
Q: Attorney Tully, I read about some Allegheny County and other County Judges taking a new approach to sentencing for drug offenders. Is this a good idea? What about do the crime, do the time? A: Drug overdoses are rampant in Western Pennsylvania. We sentence young defendants to jail for drug crimes. They serve their […]
7.31.16
Q: Attorney Tully, can a parent carry a pocket knife on school grounds? My son is in elementary school and I want to know about my rights when I am dropping him off at school. A: You can be charged with a criminal offense, even as the parent of a child, for taking a knife […]
7.24.16
Q: Attorney Tully, I entered a plea on my DUI case. The Judge set sentencing for next month. He did not order a pre-sentence report. Why? A: A Judge is not required to order a pre-sentence report in all cases. A pre-sentence report helps the Court to fashion a sentence based upon many factors. In […]
7.17.16
Q: Attorney Tully, can a co-occupant of my residence give consent for the police to come into my apartment without a warrant? A: Yes. Here is a similar type of situation as yours from 2014. A Defendant and his girlfriend lived together at their residence. The police wanted to search the residence for drugs but […]
7.10.16
Q: Attorney Tully, if I decide not to testify at my criminal hearing, how do I get my side of the case across? A: By cross-examining the police officer. This method may be more challenging, but it can be done. For example, recently a DUI conviction was reversed when the police officer testified one must […]
7.3.16
Q: Attorney Tully, can the police come into the place I stay without a warrant? The cops came in and found drugs in my room. I am being charged with selling drugs. A: It depends. Recently the police came into a house owned by the father, where the son was staying. The dad was on […]
6.26.16
Q: Attorney Tully, what is the time period in which I must be brought to trial for my criminal charges? I am not in jail. Do I have speedy trial rights? A: Yes. The Commonwealth must bring you to trial within 365 days of the filing of the criminal complaint against you. If you have […]
6.19.16
Q: Attorney Tully, I have a jury trial coming up. If there is someone in the potential jury panel that I don’t like, can I remove that person from being on my jury? A: Yes you can. If you are charged with a felony you get 7 strikes of any person who you just don’t […]
6.12.16
Q: Attorney Tully, what is your opinion on the push to have a committee recommend who should be on the Appeals Courts in Pennsylvania? A: I believe that the people should decide who sits on the Pennsylvania Superior and Supreme Court not a committee. There are a lot of very good Judges right now who […]