While valid search warrants are permissible under the Pennsylvania Constitution and under the 4th Amendment of the United States Constitution, law enforcement must satisfy very specific requirements to obtain one and even then, the warrant itself must contain certain information. The 10 things every search warrant must have to be valid are as follows:

1. A warrant must have an affidavit of probable cause attached to it which tells the person issuing the warrant that there is probable cause for the search and seizure of the item in question. Probable cause is the reasonable expectation that a crime was or is being committed;
2. A warrant must be based on reliable information by some witness or an informant;
3. A warrant must have the information used to obtain it corroborated by another source other than that same witness or the informant;
4. A warrant must be signed and sealed by the issuing judge;
5. A warrant must have a specific date and time of issuance;
6. A warrant must identify specifically the property to be seized;
7. A warrant must name and describe with particularity the person or place to be searched;
8. A warrant must be executed within a specified period of time not to exceed two days from the date of issuance;
9. A warrant must be served during the day light hours (typically 8 am -5 pm), unless otherwise authorized on the warrant;
10. A warrant must state the title of the judicial officer who issued the warrant. This person must also certify that he has found probable cause based upon the facts sworn to or affirmed by police based on the witness or the informant.

If you have any questions about search warrants or are charged with a crime call Gregory J. Spadea at 610-521-0604.

A proper defense must always consider calling a defense witness or even the accused if the prosecution has presented compelling evidence. Calling a defense witness, however, isn’t an easy decision because this person will have to face cross examination by the prosecution. While a good defense attorney can protect the witness with objections, a judge may overrule those objections and require the person to answer.

If your attorney plans on calling a witness at trial, he must thoroughly review their background to make sure that this decision doesn’t ultimately hurt the case more than it helps it. While an accused’s character is never admissible at trial unless the defense offers it into evidence, there are separate rules that cover the impeachment of a witness’s credibility which includes the accused. Keep in mind there are different rules of evidence in state and federal courts in Pennsylvania.

The Pennsylvania rules of evidence allow the prosecution and the defense to impeach the credibility of any witness (including the accused) through various channels. Impeachment can expose a witness’s partiality, motive, prior convictions, character for untruthfulness, prior inconsistent statements, as well as a person’s inability to recall certain facts. There are eight categories of impeachment:

1. Competency – a witness’s ability to communicate, understand the consequences of lying, recall, or proceed what is occurring;
2. Partiality – a witness’s bias, prejudice, financial interest, or corruption;
3. Motive – a reason explaining a witness’s testimony;
4. Prior inconsistent statements – a witness’s earlier statements that are inconsistent with the witness’s trial testimony;
5. Prior convictions – a witness’s convictions for crimes of dishonesty and false statements that help prove the witness’s untruthfulness;
6. Untruthful character – a witness’s reputation for untruthfulness;
7. Untruthful acts – when a witness offers reputation testimony as to his or her truthful character, the reputation witness may be asked about the primary witness’s acts or untruthfulness;
8. Contradiction – a witness’s testimony may be contradicted by physical evidence, other accounts, or by witness’s inconsistent conduct.

It’s often necessary to call a defense witness especially in cases involving illegal guns or drugs where an arresting officer claims that a person was involved in illegal activity or had possession of some type of contraband. Even if a witness has credibility issues the defense can still call this person but needs to be prepared to rehabilitate the witness after the prosecution attacks their credibility. If you have any questions about impeachment or are charged with a crime call Gregory J. Spadea of the Law Offices of Spadea & Associates, LLC at 610-521-0604.

What To Do if Someone Files For a Protection From Abuse Order Against You in Delaware County

When someone you have a relationship with such as a spouse, parent, girlfriend or family member applies for an emergency temporary protection from abuse (PFA) order against you, you will be served by your local police to show up for a hearing. You should hire an attorney because you are not eligible for a public defender at the initial hearing. If you represent yourself and are found guilty the court will make the Order permanent and you can face:

1. immediate eviction if you live with the Plaintiff;

2. you have to relinquish any firearms or license to carry to the Delaware County’s Sheriff’s Office;

3. the PFA will be part or your criminal record and may affect your ability to get future employment.

If you fail to show up for the hearing or violate a protection from abuse order, the Court will hold you in contempt and you can face up to 6 months in prison or a $1,000 fine or both. Therefore it is important not to contact the party that filed a protection form abuse against you. It is also very important to bring witnesses to the hearing who can testify on your behalf as well as any other evidence.

The longest a protection abuse order can remain in effect is 3 years. However, if there was a violation of the PFA and you were held in contempt, it can be extended until the end of the criminal contempt hearing and possibly longer.

Therefore, if you receive Notice that a PFA has been filed against you contact Gregory J. Spadea at the Law offices of Spadea & Associates, LLC at 610-521-0604.