Over 100 “5 Star Reviews”11.08.2015
Q: Attorney Tully, I am charged with an aggravated assault. I had an Assistant District Attorney for my Preliminary Hearing. Now there is a different one listed for my trial. Is that normal? A: Yes. Your case may even be given to a different trial attorney when your case goes to Court. Why? The prosecutor […]
11.01.2015
Q: Attorney Tully, I got arrested for drunk driving. I was in my car when the cops arrived and the car was running. But I was not driving my car. Now what? A: The key is whether the Commonwealth can show you were in actual physical control of the movement of your car. The Pennsylvania […]
10.25.2015
Q: Attorney Tully, the police came to my house to serve a warrant against me for assault. They knocked on my door one time, then busted into my house. They found drugs inside. Was that legal? A: The Knock and Announce Rule in Pennsylvania prohibits police from just busting into your house. Before the police […]
10.18.2015
Q: Attorney Tully, I am charged with indecent assault, rape and sexual assault. I did not do it. But I have a prior rape conviction. Is my prior rape going to be admissible at trial? A: Like just about everything in the law, it depends. The evidence laws say, in part, evidence is relevant if […]
10.11.2015
Q: Attorney Tully, are parole officers allowed to frisk or pat down people who are not on parole? A: A recent Pennsylvania Superior Court decision allows it. An agent went to the home of a parolee to check on him. Another friend was there who was not on parole, but was acting suspiciously. When the […]
10.04.2015
Q: Attorney Tully, I keep hearing about a stipulated non-jury trial. What is it and have you ever had one of those trials? A: Yes, I did one last week. In a stipulated non-jury trial no live witnesses are called. Rather the Judge receives a summary of the case as outlined by the attorneys for […]
09.27.2015
Q: Attorney Tully, I am accused of theft. The witness identified me in a line-up. The other people in the line-up didn’t look like me at all. Can I get the identification thrown out? A: The old joke use to be the police would put 6 refrigerators and one human being in a line-up. Then […]
09.20.2015
Q: Attorney Tully, my 17 year old son got arrested by the police. After they arrested him, they searched the backpack he was carrying without a warrant. Was that legal? A: The United States Supreme Court has given police wide latitude regarding a search incident to an arrest. The law allows a search incident to […]
09.13.2015
Q: Attorney Tully, I know it is a crime to take a weapon into a school. But how far does that extend? What about the school administration building? Is that covered by the prohibition? A: Yes. The Pennsylvania Superior Court recently ruled on this very issue. In that case, a parent came into the school […]
09.06.2015
Q: FAITHFUL READERS A: EVEN AN ATTORNEY DESERVES ONE WEEK OFF. I AM ON VACATION UNTIL NEXT WEEK. SEE YOU THEN! BERNIE TULLY HAPPY LABOR DAY!