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

Criminal Defense Archives

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.

Warrantless Search of Your Vehicle is Now Permitted in PA

On April 29th, the Pennsylvania Supreme Court ruled that police officers in the Commonwealth no longer need a warrant to search a citizens' vehicle. Prior to the Court's decision, an individual could refuse an officer's request to search their vehicle. If the citizen refused, the police would typically need a warrant to continue with the search.

How to Have a Criminal Record Expunged...

When a client comes to me regarding a minor criminal defense matter, one of the greatest concerns they have is what impact a possible conviction can have on their criminal record and if the incident can be expunged. A person's criminal record can be expunged under a number of circumstances and will depend on the type of crime a person commits and the outcome of the case.

Fake Ids - Part II

When I recently wrote a post about the circumstances surrounding and consequences of possessing a fake ID as a minor, it got me thinking about the other side of the fake ID process, the provider. Under Pennsylvania law, making, altering, selling or attempting to sell identification that represents the identity, birth date or age of someone else is a second degree misdemeanor. This puts it on par with certain theft and drug crimes.

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