Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law

Criminal Defense Archives

Criminal defense and the right to remain silent

Law enforcement officers and prosecutors are constantly looking for ways to build cases that leave them well positioned to obtain a conviction against an individual they believe has committed a crime. Although the law tries to strike a balance between protecting personal liberty and public safety, far too often overzealous police officers infringe on an individual's rights. When this happens, individuals can be wrongly accused and even wrongfully convicted, leaving them subjected to serious penalties.

Pittsburgh raid leads to prostitution charges

Pittsburgh residents who are slapped with criminal charges can find themselves afraid on many levels. They might be concerned about how the allegations will affect their reputation, but their primary concern may revolve around the potential penalties they could face if convicted. Depending on the crime at hand, a criminal conviction can result in prison time, significant fines and a mark on one's criminal record that can be hard to overcome, even after one pays his or her debt to society. With so much at stake, it only makes sense that these individuals would put forth the strongest criminal defense they can manage in hopes of avoiding some or all of these damaging penalties.

Why would I want to enter into a prenuptial agreement?

It's not uncommon for relationships to sour. When they do, negative animosity towards one another can leave individuals amidst heated arguments and false accusations. In some instances, these allegations take on a criminal nature, which, in turn, can lead to criminal charges and the potential for the imposition of serious penalties.

How do prosecutors build DUI cases, and why is experienced defense advocacy necessary? P.3

We’ve been looking in recent posts at the two bases on which the government can build a drunken driving case, and some of the issues that need to be considered when building a strong defense against DUI charges. As we’ve noted, meeting or exceeding the legal blood alcohol limit and intoxication sufficient to render one incapable of safely operating a motor vehicle are two potential bases for DUI charges, and each involve their own unique considerations.

How do prosecutors build DUI cases, and why is experienced defense advocacy necessary? P.2

In our last post, we mentioned several important factors that need to be considered when scrutinizing the reliability of alcohol tests in drunken driving cases. As we mentioned, the scientific acceptability of breath testing software; proper calibration, use and maintenance of breath testing devices; proper performance of blood testing and chain of custody issues should all be scrutinized with breath and blood test results.

How do prosecutors build DUI cases, and why is experienced defense advocacy necessary?

Most people understand that it is important to work with an experienced criminal defense attorney when facing drunken driving charges, if for no other reason than they do not understand the legal process and how to build a strong defense case. While in every drunken driving case, the goal is to resolve the matter to the best benefit of the defendant, each case is different, and different strategies are used depending on the facts of the case.

Work with experienced attorney to fight DUI charges, minimize penalties, P.1

Drunken driving is a serious problem affecting highway safety, and state are always looking for better ways to address the problem, whether through better public education, enhanced enforcement efforts, or passing stricter laws. Pennsylvania lawmakers, as Pittsburgh readers may be aware, have been working to get tougher laws in place to fight DUI, though with limited success.

Privacy, constitutional issues abound in cell phone search cases

We’ve been looking in recent posts at the topic of searches and seizures, the warrant requirement, and some recent cases involving jurisdictional issues surrounding warrants. Another warrant-related issue that is a hot-button issue at present is to what extent cell phones and other mobile digital devices should be treated as private.

Feds grapple with jurisdictional issues in search warrant cases, P.2

In our last post, we began looking at the important issue of the Fourth Amendment in criminal defense, particularly in the context of investigation of suspected Internet crimes. As we noted, the federal government’s ability to search data stored on overseas servers is part of this discussion. Although the FBI’s attempt to do this was unsuccessful in a narcotics case last year, another case against Google ran in the opposite direction.

Feds grapple with jurisdictional issues in search warrant cases, P.1

In an age of technology, the Fourth Amendment protection against unreasonable searches and seizures is increasingly being tested in new contexts. One of the issues currently being played out in the courts is that of the government’s ability to access electronic data located outside a court’s jurisdiction.

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