Results Part 3
The trial court granted the Defendant’s request to dismiss DUI charges because there was a violation of the speedy trial rule. The Commonwealth appealed. Farrell Weaver & Okun were contacted by the trial attorney to assist in the appeal.Results
The Superior Court affirmed the trial court ruling, and the Defendant was released from the criminal charges.
Client Receives Reduction in Sentence After Appellate Courts Vacated Felonies (FF00002127) Background
The trial court found Defendant guilty of two (2) counts of unlawful acquisition of a controlled substance (felony), one count of possession and two (2) counts of theft (misdemeanors). The facts were that the Defendant was a pharmacist who stole controlled substances and immediately ingested them. Defendant was sentenced to a total of ten (10) years of probation. Trial counsel contacted Farrell Weaver & Okun in order to effectuate an appeal to the Superior Court. On appeal, Farrell Weaver & Okun argued that the Commonwealth failed to prove the charge of felony unlawful acquisition because there was no fraud or misrepresentation.Results
The Superior Court ruled that the Commonwealth failed to prove the elements of fraud for unlawful acquisition. Thus, the Superior Court vacated the two (2) felony charges and remanded the case for a new sentencing hearing.
Trial counsel again represented Defendant for resentencing. Defendant was given five (5) years of probation. Client now has the ability to retain his license to be a pharmacist at the appropriate time.
Commonwealth Court Agrees That Client’s Driver’s License Should Not Be Suspended (CR00006103) Background
The trial court found that Client did not refuse to take chemical test after being arrested for DUI and, therefore, Client should not lose driving privileges one (1) year. Pennsylvania Department of Transportation (Penn DOT) appealed to the Commonwealth Court. Trial counsel referred the appeal to Farrell Weaver & Okun.Results
The Commonwealth Court affirmed the ruling by the trial court. Client did not lose privileges of driving.
Post-Conviction Client Convicted of Robbery of a Motor Vehicle and Aggravated Assault on a Police Officer is Awarded a New Sentence and Receives Reduction in Sentence (NP00006124) Background
Client was convicted of robbery of a motor vehicle, aggravated assault on a police officer, five (5) counts of accidents involving bodily injury, five (5) counts of accidents involving injury, sixteen (16) counts of recklessly endangering another person, one (1) count of fleeing and eluding, one (1) count of accidents involving damage to attended vehicles and one (1) count of criminal attempt (robbery of a motor vehicle). The Commonwealth proved that the police attempted to stop Client for traffic violations when Client fled by driving his vehicle on the wrong way of a major highway, then entered on the correct lane while police cars chased him. Client’s vehicle crashed into various cars and objects during the chase. When Client crashed his car into the last vehicle, that vehicle had been stopped because of heavy traffic. Client exited his vehicle and ran to another vehicle going the opposite way. Client attempted by force to steal the car from a victim. In Client’s attempt to steal the car, a police officer was almost struck by the vehicle. Client was caught inside the vehicle by the police who had by that time surrounded the car.
Client received an aggregate sentence of ten (10) to twenty (20) years of incarceration. After a direct appeal that was handled by trial counsel’s firm, Client retained Farrell Weaver & Okun. Farrell Weaver & Okun filed a post-conviction petition contending, among other things, that prior counsel gave ineffective assistance for failing to properly argue that there was insufficient evidence to prove the crime of robbery of a motor vehicle because no actual theft of the car occurred. Farrell Weaver & Okun argued that the robbery of a motor vehicle (a crime to which Client received a sentence of five (5) to ten (10) years of imprisonment) should be vacated.Results
The post-conviction court agreed with Farrell Weaver & Okun’ argument and granted Client relief in the form of vacating the sentence and dismissing the charge of robbery of a motor vehicle. Because the actions of the court disturbed the sentencing scheme, the court re-sentenced Client. At the re-sentencing hearing, Farrell Weaver & Okun argued that Client was rehabilitated and that he needed no further incarceration. The court re-sentenced Client to the time that already had been served by Client plus many years of probation. As a result, Client was released from prison. Client was extremely pleased to have his sentence of ten (10) to twenty (20) years of incarceration be reduced to time served plus probation.
Client Sentenced to Life for Murder Receives New Trial and Sentence Reduced to Five Years (RY00099102) Background
Client was previously convicted of second-degree murder, robbery, burglary, and criminal conspiracy after a jury trial. He was given a mandatory sentence of life without the possibility of parole. The Commonwealth contended that Client along with his co-defendant entered the victim’s house with force, beat the victim to death, and stole money.Results
Farrell Weaver & Okun were hired to handle the post-conviction proceedings. The argument was presented that there was prosecutorial misconduct when the prosecutor used false testimony against Client. A new trial was granted.
After negotiations, Farrell Weaver & Okun obtained a deal whereby Client pleaded guilty to third-degree murder and received a sentence of five to ten years of incarceration followed by five years of probation. Client accepted the plea bargain and was released shortly thereafter. Client was very happy with the Results obtained.
Client Successfully Withdraws Guilty Plea and Receives Reduction in Sentence (CM00099105) Background
Client pleaded guilty to numerous burglaries and received a significant prison sentence.Results
Farrell Weaver & Okun represented Client at the post-conviction proceeding contending that the plea was not voluntarily entered because the Commonwealth’s promises of concurrent sentences were not followed. Client was permitted to withdraw his guilty plea.
Farrell Weaver & Okun got a deal whereby Client pleaded guilty to the same charges in exchange for a probationary sentence. Client came home and was extremely pleased with the Results.
Supreme Court Grants Client Sentenced to Life a New Trial (RM00099126) Background
After a jury trial, Client was found guilty of first-degree murder and received a mandatory sentence of life imprisonment without the possibility of parole. The facts were that an altercation occurred after Client accused the victim of stealing Client’s money. Client chased the victim for several blocks where the altercation continued, and Client stabbed victim to death.Results
Farrell Weaver & Okun represented Client after Client lost his post-conviction appeal in the Superior Court. Farrell Weaver & Okun convinced the Pennsylvania Supreme Court to accept the appeal. The Supreme Court agreed with Farrell Weaver & Okun’ argument that prior counsel gave ineffective assistance for failing to argue that trial counsel did not obtain psychiatric evidence to prove diminished capacity (third-degree murder). A new trial was granted.
When the case was remanded to the trial court, Farrell Weaver & Okun represented Client in a jury trial whereby Client was found guilty of third-degree murder and sentenced to ten to twenty years of incarceration. Client was very satisfied with the Results.
Client Convicted of Rape Receives New Trial and Gets a Reduction in Sentence (JN00099138) Background
After a jury trial, Client was found guilty of raping two (2) victims during two (2) different events one night. Client received a very heavy sentence — essentially a life sentence.Results
Farrell Weaver & Okun were hired to handle the post-conviction proceedings. The argument raised was that prior counsel failed to ask for a specific instruction concerning his alibi to the jury. A new trial was granted.
Farrell Weaver & Okun negotiated with the Commonwealth for a sentence of credit for time served followed by probation. Client was immediately released from prison and placed on probation. Client was extremely pleased.
Client Convicted of Sex Crimes is Granted a New Trial and Receives Probation Instead of Prison (MR00099154) Background
After a jury trial, Client was found guilty of aggravated indecent assault, criminal conspiracy, sexual abuse of children and corruption of minors. Client was sentenced to an aggregate sentence of four (4) to eight (8) years of incarceration. Client was given bond pending appeal and appealed. After the appeal was concluded, Client started the sentence and hired Farrell Weaver & Okun to file a post-conviction petition.Results
Farrell Weaver & Okun argued that the jury was improperly interfered with by court staff during deliberations. The Commonwealth responded by offering Client a guilty plea agreement whereby Client would receive a new trial and be resentenced to credit for time served followed by probation. Client accepted the deal. A new trial was granted, Client pleaded guilty, and was sentenced to probation. Client had served less than one (1) year. Client was extremely pleased with the Results.
Client Convicted of Sex Crimes is Granted a New Sentencing and Receives a Reduced Sentence (DC000990158) Background
Client pleaded guilty to numerous sexual offenses and received an extensive sentence. Farrell Weaver & Okun were retained and filed a post-conviction petition arguing that Client was denied his right to allocution and that criminal attempt merged with the charge of involuntary deviate sexual intercourse.Results
A new sentencing hearing was granted whereby Client received a reduction in sentence.
Client Convicted of Aggravated Assault Gets Post-sentence Motions Reinstated and Receives Reduction of Sentence (SM00000191) Background
Client was a first-time offender who was tried for crimes of aggravated assault and conspiracy to commit aggravated assault. He was found guilty and sentenced to three (3) to six (6) years of imprisonment plus probation. Farrell Weaver & Okun were retained and filed a post-conviction petition. The argument was that Client was denied his right to file post-sentencing motions, that the court used the wrong guidelines, and that Client was denied his right of allocution. A hearing was conducted.Results
After the hearing, the court immediately reinstated Client’s right to file post-sentencing motions. That same day in the afternoon, the court heard the written post-sentencing motions, vacated the sentence, and resentenced Client to a county jail sentence plus probation. Client was paroled after Farrell Weaver & Okun filed a motion to release Client. Client served approximately fourteen months of incarceration before he was released.
Client Convicted of Numerous Sex Crimes Receives a Significant Reduction in Sentence (MW00001171) Background
Client was charged and convicted of the following charges: at the first criminal information with involuntary deviate sexual intercourse, indecent assault, sexual abuse of children, corruption of minors, at the second criminal information with criminal attempt (statutory sexual assault), involuntary deviate sexual intercourse, indecent assault, sexual abuse of children, furnishing liquor to minors and corruption of minors. The allegations were that Client met two female girls (ages 13 and 14), gave them alcoholic beverages, and seduced them in a motel. Thereafter, Client took pictures of one girl in her naked state. Client was sentenced to an aggregate sentence of thirteen and one half (13½) to twenty-seven (27) years of incarceration.
After being retained to represent Client, Farrell Weaver & Okun filed a post-conviction petition contending that counsel gave ineffective assistance for failing to ask for a jury instruction that Client was under the mistaken belief that both girls were over the age of consent. The argument was based upon the fact that the law allowed for such an instruction as to the type of charges brought against Client. A hearing was conducted.Results
Upon strong urging by Farrell Weaver & Okun, the Commonwealth offered a deal whereby they would agree that Client would receive a new trial if Client was to plead to the charges and receive a total sentence of five (5) to ten (10) years of imprisonment. A new trial was ordered, Client pleaded guilty to the charges and received a sentence reduction of five (5) to ten (10) years of incarceration. Client was pleased with the deal.
Client Convicted of Robbery and Aggravated Assault Receives Reduction in Sentence (ES00012114) Background
Client was found guilty of robbery, aggravated assault, carrying a firearm without a license and receiving stolen property after a jury trial. Client was sentenced to eight and one half (8½) to seventeen (17) years of incarceration. Proof at trial showed that Client went to the home of the victim and attempted to rob him at gunpoint with a stolen handgun. A struggle occurred where the victim slammed the door and the gun went off striking the victim in the neck.
Farrell Weaver & Okun represented Client and contended that trial counsel gave ineffective assistance for failing to have Client properly waive his right to a no-adverse inference instruction. The trial court granted a new trial but the Commonwealth appealed. On appeal, the Superior Court remanded for another hearing to determine whether Client was actually prejudiced.Results
Before a hearing was conducted, the Commonwealth offered Client a deal whereby Client would receive a new trial, plead guilty and receive a new sentence of five (5) to ten (10) years of incarceration with credit for time served. Client chose to accept the deal in an effort to receive an immediate reduction of sentence. Client was extremely happy with the Results.
Preliminary Hearings Client Charged With Aggravated Assault Receives Summaries (SP00001101) Background
Client was charged with aggravated assault, simple assault, public intoxication, trespassing, disorderly conduct, and criminal mischief. The Commonwealth alleged that after being told to leave an establishment, Client returned and got into an altercation with several individuals whereby he jumped on the back of a police officer and ripped the officer’s uniform. Farrell Weaver & Okun were hired to try to resolve the case at the preliminary hearing.Results
Client pleaded guilty to various summary offenses whereby he received a fine but no other penalty. All of Client’s charges were eventually expunged from his criminal record.
Client Charged With Possession of Heroin Has Charges Dismissed (PG000196) Background
Client was charged with possession of heroin and drug paraphernalia when the police alleged that they were called to a supermarket by a citizen and found Client passed out in the driver’s seat with needle in arm.Results
After argument by Farrell Weaver & Okun, the court dismissed the charges.
Client Charged With Possession a Weapon on School Property Receives Summary (MP00002118) Background
Client was charged with possession of a weapon on school property, possession of drug paraphernalia, possession of alcoholic beverages by a minor, misdemeanor harassment and disorderly conduct. The allegations were that school officials were conducting an investigation that Client was distributing marijuana on school property. When Client was confronted by a school official at his school locker, Client struck the school official and ran. A search of Client’s locker revealed alcohol, drug paraphernalia and a handgun that fired BBs. Farrell Weaver & Okun represented Client at the preliminary hearing.Results
Upon urging by Farrell Weaver & Okun, the Commonwealth amended the count of misdemeanor harassment to summary harassment and Client pleaded guilty to the two (2) summary counts of harassment and disorderly conduct. The remaining charges were withdrawn by the Commonwealth. Farrell Weaver & Okun had the withdrawn charges expunged from Client’s criminal record. Client was entitled to have the remaining summary offenses expunged from his criminal record five (5) years after conviction.
Client Charged With Aggravated Assault Gets Charges Dismissed (HC00002162) Background
Client was charged with aggravated assault, resisting arrest and disorderly conduct. Farrell Weaver & Okun represented Client at the preliminary hearing.Results
Farrell Weaver & Okun convinced the Commonwealth to dismiss all charges against Client. Farrell Weaver & Okun obtained an order to expunge Client’s criminal record regarding this case.
Client Investigated for Rape Never Has Charges Filed (WJ00007281) Background
Client was being investigated on a rape claim reported at the University of Pittsburgh. Client hired Farrell Weaver & Okun, preemptively, before charges were formally filed. Farrell Weaver & Okun dealt with the police and discussed the allegations regarding our Client.Results
After Farrell Weaver & Okun met with the police, they ceased the investigation and never filed charges against Client. Client was very pleased with the Results as he continues to not have a criminal record.