Over 100 “5 Star Reviews”08.30.2015
Q: Attorney Tully, I am charged with homicide by vehicle. The police are claiming I was speeding and that is what caused the death of a pedestrian. Can they use black box data from my car at trial? A: The Court will probably admit evidence of your speed based upon any data from a black […]
08.23.2015
Q: Attorney Tully, I am charged with indecent assault and possession with intent to deliver drugs. Should I go with a private attorney or a public defender? Please advise. A: My answer may surprise you. In my experience, public defenders are just as qualified as private attorneys (like myself) inside the courtroom. The biggest criticism […]
08.16.2015
Q: Attorney Tully, what is the legal standard for deciding if the police can detain or search a Defendant? A: The police need some factual basis to think the Defendant has committed a crime. A Federal Court, which covers Pennsylvania, recently discussed this issue. That Court found if a Defendant is not fleeing or running […]
08.09.2015
Q: Attorney Tully, if a Defendant is convicted in a jury trial and sentenced, is that the end of the case? A: He was convicted by a jury of endangering the welfare of children and sentenced to jail. He then appealed his conviction to the Pennsylvania Superior Court. That Court reversed his conviction. Then the Commonwealth […]
08.02.2015
Q: Attorney Tully, any interesting cases or decisions recently in the area of Criminal Law? A: Maybe this one. The Pennsylvania Superior Court had to decide whether police can draw blood from an unconscious DUI suspect without first getting a search warrant. The police (Commonwealth) argued that the unconscious DUI driver gave his implied consent […]
07.26.2015
Q: Attorney Tully, my son was charged with a parole violation. He made a statement to the parole agent while he was in custody. Do parole officers need to give Miranda warnings before questioning suspects in custody? A: Yes. Our Pennsylvania Supreme Court recently decided this issue. The Pennsylvania High Court ruled parole agents must […]
07.19.2015
READERS: Ever wonder how important the details of a Plea Agreement are in criminal law? A: They are very important. Here is an example I found in researching Plea Agreements. A Defendant pled guilty to possession of child pornography in Federal Court. The Plea Agreement was silent concerning how long he would have to register as a […]