Over a century ago, in 1906, James Powell, Sr. founded a law firm to serve Northeastern Pennsylvania, primarily the growing towns of Scranton and Wilkes-Barre. With offices in Scranton, Stroudsburg, Moscow, and Taylor, today, Powell Law serves more than the Scranton/Wilkes-Barre area. As part of our services, Powell Law has a long-established criminal defense practice, […]
Generally, the procedures for taking a plea must follow Rules of Criminal Procedure Rule 590. A plea shall be taken in open Court. A Defendant may plead guilty, not guilty or with the consent of the Judge, nolo contendere. If a Defendant refuses to enter a plea, the Judge may enter a plea of not […]
What happens if a case is over either by plea or a not guilty verdict and the victim or Defendant seeks to have his property returned? Well, Rule 588 is the Rule used by a person whose home or car was searched and property confiscated by the Police. This person is entitled to the lawful […]
This is one of the greatest rules in the Rules of Criminal Procedure. Rule 586 applies when a defendant is charged with an offense which is not alleged to be committed by force or violence and everyone agrees the case may be dismissed upon satisfaction of the victim. If it is shown that the public […]
The Rule of Nolle Prosequi, or not prosecuted is Criminal Procedure Rule 585. The Rule is actually called Nolle Prosequi, but is commonly referred to as Nol Prose. This Rule is used when a guilty plea is entered in some offense and the District Attorney consents to the dismissal of the remaining charges. If a […]
The most common usage of Rule 586 is when the Motion to Dismiss is filed on double jeopardy grounds stating specifically and with particularity the basis for the claim of double jeopardy and the facts that support this claim. Double jeopardy applies, for instance, when a Defendant is charged with a summary offense. He pays […]
Under Rule 581, suppression of the evidence is usually included in your Omnibus Motion. A motion to suppress is filed when the Defendant alleges the evidence has been obtained in violation of the person’s constitutional rights. In other words, the Police invade a household, gather evidence and do not have a search warrant. This is […]
Rules of Criminal Procedure, Rule 583 is called the Severance of Offenses or Defendants. This is usually filed when a particular Defendant does not wish to be tried with his co-defendant. Things the defense attorney should consider are: Does the co-defendant have a record which will come into evidence at trial? Are the charges against […]
The words Omnibus Pre-Trial Motion are rarely understood. What it means is “all other motions.” So, unless otherwise required, all pre-trial requests for relief shall be included in one motion. The types of relief that are appropriate for this motion are: Motion for Continuance Severance, Joinder or Consolidation. Severance means that you wish not to […]
Rule 571 of Criminal Procedure allows for a formal arraignment. This is a date set by the Court where a Defendant is called forward and told he has a right to be represented by counsel, the nature of the charges against him, the right to file a Bill of Particulars, Discovery Motions and finally any […]
