Michael DiCindio | December 12, 2014 | Criminal Law
My Kid Got Arrested, What Now?: Part I – The Pennsylvania Criminal Process For Parents
It is winter break. All the kids are home from college and the oldest of the group bought some beer. The party got out of control and the music got a bit loud. Now it’s the middle of the night and you, the parents, are… read more
Michael DiCindio | December 1, 2014 | Criminal Law
The Officer Didn’t Read Miranda Warnings . . . Does the Case Go Away?
Many people believe the following statement: “they didn’t read me my Miranda warnings, so my case should go away”. The short reply to this is; likely not. But depending on the circumstances, the evidence, and whether the officers did actually violate the Miranda principles and… read more
Michael DiCindio | November 17, 2014 | DUI
PBT Tests – When Can the Results Be Used Against You?
A “PBT test”, or preliminary breath test, is a device that allows an officer to test a person’s blood alcohol concentration without transporting them for a formal breath or blood test. These PBT’s are typically utilized by officers in DUI, drunk driving and underage drinking… read more
Michael DiCindio | November 7, 2014 | DUI
Holiday Season = Parties, Drinks and DUI Checkpoints
With the holiday season fast approaching it is important to be aware that police officers in Chester County and elsewhere in the surrounding areas will be conducting DUI checkpoints. Police utilize sobriety checkpoints in their effort to enforce the drunk driving laws in the state,… read more
Michael DiCindio | October 28, 2014 | DUI
Per se DUI in Pennsylvania
Under the current Pennsylvania DUI Laws, the prosecution does not always need to prove that a driver was “impaired” or “intoxicated” while operating a motor vehicle in order to prove they were guilty of DUI. The Pennsylvania DUI statute as it currently stands provides for what… read more
Michael DiCindio | October 14, 2014 | Criminal Defense
Prior Bad Acts, Crimes or Wrongs – Chester County Criminal Defense
Often times in a criminal case in Chester County, or any of the surrounding counties, prosecutors will attempt to introduce evidence of an accused’s prior bad acts, or evidence or other crimes. This can be devastating to a successful defense in a criminal case. This… read more
Michael DiCindio | October 10, 2014 | Drunk Driving
When can a Police Officer stop a car for suspicion of DUI / Drunk Driving?
Under the vehicle code, a police officer in Chester County, or anywhere in Pennsylvania, may conduct an investigatory detention if he has reasonable suspicion to believe that a motorist violated a provision of the motor vehicle code. (For example, he suspects the driver is committing… read more
Michael DiCindio | October 6, 2014 | Evidence
Best Evidence – Writings, Recordings and Video Evidence
In many Chester County criminal cases evidence against the accused comes in the form of writings, recordings, or video evidence (surveillance videos). For example, a theft or retail theft case where the evidence of the theft was only observed on video. During a preliminary hearing… read more
Michael DiCindio | October 3, 2014 | Criminal Law
The Importance of the Preliminary Hearing
When someone is arrested in Pennsylvania and charged with state misdemeanor or felony crimes, the first court date that they will have to appear at is called the preliminary hearing (excluding the Philadelphia Court system). This will be scheduled in the magisterial district court that… read more
Michael DiCindio | October 1, 2014 | DUI
DUI – Implied Consent and Refusals
In the Commonwealth of Pennsylvania, as a condition of maintaining a driver’s license, all drivers are subject to the implied consent requirements of the Motor Vehicle Code – thus, a driver must submit to blood and breath tests under appropriate circumstances. Practically speaking, what this… read more