Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
• Negligent Driver Suspension
  This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.
• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.

Driving Under the Influence (DUI):
DUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to operate a vehicle under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true.  A DUI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to operate a vehicle under the influence of a properly prescribed medication as it is to operate a vehicle after drinking too much alcohol.

DUI with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

DUI– Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When a driver is operating under th influence and causes an accident in which someone is killed, the driver may be charged with manslaughter.

DUI– Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone operates a vehicle under the influence and causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.

If you or someone you know needs the assistance of an experienced Philadelphia DUI or criminal Attorney, call Attorney Joe Mitchell, III today at 866-435-1658, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know needs the assistance of an experienced Philadelphia DUI or criminal Attorney, call Attorney Joe Mitchell, III today at 866-435-1658, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Joseph S. Mitchell, III
2 Penn Center, 1500 J.F.K. Boulevard, Suite 520
Philadelphia, PA 19102
Telephone: 866-435-1658
Fax: 215-557-7260

MEMBERS OF THE FIRM:

Joseph S. Mitchell III
After graduating from Stanford University with honors, Mr. Mitchell received his law degree from Harvard Law School in 1984. He has been in practice over 20 years.

During his career in Boston and Philadelphia, Attorney Mitchell has gained extensive experience in criminal law, civil litigation in state and federal courts, personal injury and wills and estates.