Public Drunkenness and Kutztown University Students

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At Cornerstone Law Firm, we’ve helped many Kutztown University students who are accused of crimes. When a college student is charged with public drunkenness or another crime involving alcohol or drugs, the impact on the student’s academic and professional future can be profound. Here are several things that a student at Kutztown University or any other college should consider when deciding what to do about criminal charges.

1. Your charges can impact professional licensure

Sometimes, college students are quick to plead guilty or accept the initial charges filed without thinking about how such a charge will impact their professional future. If a student wants to be a teacher, a counselor, a police officer or even go into the military, a conviction can end up derailing the student’s plans. An expensive education can be wasted by accepting a plea agreement without considering these aspects.

The reality is, a college student who is 18 or older is an adult, and your charges will remain on your record for the rest of your life if they are not properly disposed of. Contrary to popular belief, expungement is not easy to obtain, and in many situations, it will not be available at all unless it is part of the plea agreement or diversionary program accepted. Don’t just plead guilty! You need to discuss the potential consequences of your plea with an experienced attorney.

2. You are innocent until proven guilty

In the midst of all of this discussion of plea agreements and reduced charges, let’s not forget the most important fact: you are innocent until proven guilty. Just because a police officer has charged you with a crime doesn’t mean you have to plead guilty to it. Indeed, proving that someone has committed a crime in a court of law is the highest bar in the law. It requires proof beyond a reasonable doubt to a jury of your peers in an environment where the state cannot require you to testify against yourself. This is not an easy task. Not infrequently, police officers and investigators make mistakes in the course of their investigation, misunderstand the significance of evidence, or rely on false characterizations in their charges. An experienced criminal defense attorney can help you to spot these mistakes and challenge them. Sometimes this reduces criminal charges, and sometimes it eliminates them altogether.

3. Kutztown University might implement their own academic discipline.

College students are often surprised when they find out that their legal problems create academic problems, as well. Charges filed against an individual will trigger an academic investigation by the university, and a dean of student conduct or other campus official might demand an explanation, even before the charges have been resolved.

However, Kutztown University, like any public university in Pennsylvania, is subject to the constitution and its provisions about due process, the right to an attorney, and the right to notice and a hearing. Occasionally, students are told that they do not have a right to be represented by an attorney in a disciplinary hearing. This is not true. As a student a public university, you have your full constitutional rights in disciplinary hearings, including the right to remain silent without adverse action being taken against you. You should not attempt to handle these hearings alone. In most cases, you can insist that the hearings not go forward until the charges are resolved.

Having an experienced criminal defense attorney to help you is a must.

There are plenty of things in life that you can save money on by doing it yourself. Dealing with your potentially life-altering criminal charges is not one of them. An experienced attorney who understands the potential impact of a conviction on your professional future is vital. An experienced attorney can help you to decide whether to fight charges or to seek a favorable plea, and how to eliminate or minimize potential negative consequences for your future.

At Cornerstone Law Firm, we have helped many Kutztown University students to deal with charges ranging from disorderly conduct to drug possession and more. Call us today for a free consultation to discuss your rights.

What is the difference between a preliminary hearing and a preliminary arraignment?

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When the government charges you with a crime in Pennsylvania, your first two hearings are the Preliminary Arraignment and the Preliminary Hearing. Both of these occur at the Magisterial District Court.

What is the difference between these two hearings? And what should you do to prepare for each of them? You can watch this quick video or keep reading to find out.

The Preliminary Arraignment

The preliminary arraignment is the first step in the prosecution of a crime in the Commonwealth of Pennsylvania. This is the first opportunity you will have to be in front of a Judge on your criminal charges. At an arraignment, a judge formally intakes you into the criminal justice system. The judge will set your bail, read you your charges, and ask for your contact information. The judge will put your contact information into the county’s system. This is how the Courts get ahold of you to inform you of future hearings.

This arraignment is “preliminary” because there will be two arraignments during the process of disposing of your criminal charges. This is the first one, and if you retain an attorney, this is the only one you will have to attend. The preliminary arraignment is important because it is the opportunity for you to hear the charges for the first time. You will also obtain a copy of the Affidavit of Probable Cause that a police officer has filed supporting the charges against you. It is also your chance to advocate for unsecured bail, which would mean you would not have to pay money down to be at liberty during the rest of your case.

The Preliminary Hearing

The preliminary hearing is the second hearing that you will attend during the process of having your criminal charges dealt with. This hearing will typically occur at the same Court that your preliminary arraignment was held at. In most cases, the preliminary hearing follows the preliminary arraignment by a week or two.

At your preliminary hearing, the Commonwealth is required to put on its case against you. The Judge will only require the Commonwealth to prove that it has a prima facie case against you. Prima facie is Latin for “first blush” or “at first look.” This means that the Commonwealth must prove it has a good reason for charging you. They must demonstrate that they have probable cause. At a preliminary hearing, the Commonwealth does not have to prove the burden beyond a reasonable doubt: their only goal is to prove to the Magisterial District Judge that the charges are not completely lacking in merit. If they are able to prove that, then the charges will be “bound over” to the Court of Common Pleas.

Preliminary Hearings are where you make a deal or prepare to fight

So, what is the point of a preliminary hearing? In a preliminary hearing, your attorney will have the opportunity to meet with the prosecution to discuss your case. Your attorney will know how to explore whether the Commonwealth will be willing to accept a plea deal that is good for you. The negotiations that happen here are very important and often dictate the outcome of the case. If you mess up the negotiations here, the case can get much harder, and your best deals often come off the table after this hearing. This is the first chance for your attorney to cross examine the police officer and potentially other witnesses against you.

The preliminary hearing is extremely important. In some cases, it is an opportunity to have all the charges completely dismissed. At other times, it is a crucial opportunity to get evidence on the record that will lead to suppression of evidence when the case goes to the Court of Common Pleas. In other instances, it is best to waive the preliminary hearing—that is, to agree not to have the hearing—in order to secure a more favorable deal from the prosecution. But in all these instances it is vital to be represented by a criminal defense attorney at the preliminary hearing.

Conclusion

Having a criminal defense attorney by your side to advise and speak for you is crucial. If you have further questions about these hearings, or about your specific charges, we welcome you to call the attorneys at Cornerstone Law Firm to discuss your case.

Medical Bills After a Car Accident

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One of the biggest stresses that any individual faces after a car accident is mounting medical bills. When you’ve been hurt, whether in a motorcycle accident or a car crash, medical bills can quickly mount. Sometimes, even a simple ambulance ride to the hospital can produce an astronomical bill for a client to pay.

Every case is different, and you should definitely consult a personal injury attorney about how to handle your medical bills after an accident. However, here are three general tips that can help you navigate the process.

  1. Your bills should be paid by your insurance.

Yes, that’s right. Your insurance covers your medical bills up to a certain amount. This is called Personal Injury Protection or “PIP” coverage. Your insurance will have an obligation to cover you up to a certain amount of money. You can check your own Declaration Page to find out how much PIP coverage your insurance carries. When you go to a doctor or a hospital, you will have them submit their bills directly to your car insurance. This is true whether or not you have health insurance and is also true even where the other party is at fault.

Sometimes people are confused by this idea. They say “If the other person is at fault for the accident, why does my insurance have to pay?” This is an understandable question but the short answer is that the Commonwealth of Pennsylvania, by statute, has declared that all insurance providers must pay your medical bills up to a certain amount (variable by policy) to ensure that no one is left without coverage in the event that they are hit by someone who does not have sufficient insurance. So, tip one is to have your medical providers present your car crash related medical bills to your PIP provider.

  1. Don’t be a “tough guy”: Get Treatment

Many times, people try to be tough after an accident. They say “I don’t need any medical treatment,” or “It’s no big deal. I’ll just get over it.”

After a car accident, it’s very important that you get treatment.

Sometimes, the adrenaline of a car accident and the rush that can come as a result, will cause the victim to overlook injuries and can suddenly feel how much pain they were in that was initially hidden. In other words, don’t be afraid to go get things checked out.

Injuries can reveal themselves over time. Soft tissue damage can be hard to detect. Even serious injuries resulting from a car accident or motorcycle crash can lie below the surface and require treatment. This is one of the only times in life that you can have your medical bills paid entirely by someone else, without even a co-pay—so go see your doctor.

Furthermore, you have a limited amount of time—known in the law as the statute of limitations—within which to bring a claim and to have your injuries paid for by your insurance company or the other person’s insurance company. So, don’t be a tough guy, and go get treatment after your car crash. Once the doctor clears you, then you know you’re fine. But, at least then, you’ll have the confidence to know that there are no serious issues lingering and waiting to raise their ugly head in the future.

  1. Keep Track of Your Providers

Sometimes, car accident attorneys, like those here at the Cornerstone Law Firm, will meet with a client and ask them where they’ve been treated. The client will say, “I don’t know where I was treated. I just went to wherever the first doctor told me to go.” They may have to dig through piles of records to figure out who it was that they went for a specific type of treatment. Although you can figure it out, it can take some time to track all of your medical providers down. So, keep a list of your providers handy. When you go to an appointment, write down the provider’s name on a separate sheet of paper. Who they are, the reason for seeing them, and how many times you went back. This type of information will be very helpful to your personal injury lawyer in pursuing your claim later. Even if you decide not to pursue your claim, keeping track of providers can be helpful for the future in helping your doctors determine where else they might be able to obtain records.

Conclusion: your medical bills tell a story

After a motorcycle crash or a car accident, your medical bills will mount, but they are important. They tell a story of what you’ve been through, the injuries you’ve suffered, and how you’ve managed to overcome those injuries. If you have questions about your car accident or motorcycle crash, call the personal injury attorneys at the Cornerstone Law Firm today to discuss how we can help you to confront your new normal.

 

Jurisdiction: Can they sue me here?

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When you’ve been sued, a number of thoughts can rush through your head. How can I resolve this case? How can I get rid of the claims that I’m facing? Do I have the ability to sue the other side back?

As important as all of these questions are, one of the first questions that every Defendant in a lawsuit should ask is, “Does this court have jurisdiction over me?”

  1. Personal Jurisdiction v. Subject Matter Jurisdiction

When we talk about jurisdiction, we’re talking about the power of a court to adjudicate a claim, and to do so in regards to the parties involved. In reality, these are two separate questions.

Subject Matter Jurisdiction is the power of a court to hear a specific type of claim. For example, if you believe that your United States Constitutional rights have been violated, you wouldn’t bring suit in the courts of the Islamic Republic of Iran. You would not expect that court to have the power to issue a binding ruling about your Constitutional Rights in the United States!

Similarly, there are some claims which may only be brought in the courts of a specific state or in federal court. We’ve previously discussed on the blog what it means that our federal courts are courts of “limited jurisdiction.” Simply put, the federal courts cannot adjudicate all claims between parties, because they’ve only been given power in the Constitution of the United States to render rulings on a very narrow range of issues.

So the first question the Defendant should ask when they’re sued is, “Does this court have jurisdiction over the claims that are being brought?”

  1. Personal Jurisdiction

Personal Jurisdiction is a more complicated question. It asks, “Does the court have jurisdiction over me as a defendant?” While Subject Matter Jurisdiction cannot be “waived” because it deals with the institutional power of a court, Personal Jurisdiction can be waived.

In other words, if you show up and try to contest the claims against you first, you may give up forever your opportunity that the court in question didn’t have power over you in the first place.

Think about it this way: if you live in the Commonwealth of Pennsylvania, work in the Commonwealth of Pennsylvania, and do all of your business here, you can’t suddenly be sued in arctic circle of Alaska simply because someone is mad at you. The court in Alaska would have to have Personal Jurisdiction over you. They would have to have a way to prove that they were the proper court to have authority over you as a defendant to adjudicate whether you were right or wrong in the particular dispute.

There are really two types of personal jurisdiction. The first is called General Jurisdiction. This is when a court says that you are so at home in a particular forum that you may always be brought into court in that forum to answer charges. Again, using the facts above, if you live in Pennsylvania and work in Pennsylvania, you will generally have to answer for any sort of conduct that anyone accuses you of if they sue you in Pennsylvania.

But, there’s a second type of jurisdiction which is called Specific Jurisdiction. If you agree to a contract with a company in Arizona and you ship products there and they’re unhappy with them, it’s not all that surprising that you might be sued in Arizona. By targeting your conduct toward that “forum,” you have opened yourself up to the possibility of a lawsuit there.

  1. This is a factors-based test

The above examples may simplify the matter a little bit, but the fact is that a court has to have jurisdiction over you before it can enter a judgement against you.

The factors that determine whether you are “at home” in a forum state are a lengthy list and should be evaluated by an attorney experienced in this area of the law. If you’ve been sued as a defendant determining whether the court has Subject Matter Jurisdiction and Personal Jurisdiction over you is one of the first and most important steps of the process. This also shows why it’s so important to have a litigation attorney by your side when you’re brought into court.

We encourage you to call the experienced attorneys at the Cornerstone Law Firm today. Whether you’ve been sued in the federal or state courts of Pennsylvania, New Jersey or Maryland, we can help determine whether that court has jurisdiction over you and how to handle your case.

An image of characters from Empire

3rd Circuit Rules on “Empire” copyright infringement

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The 3rd Circuit Court of Appeals released a ruling last week on whether the hit TV show Empire infringed on the copyright of a Philadelphia television writer. In Tanksley v. Daniels, the court ultimately ruled that there was no infringement in this case because there was no actual copying or material appropriation. The background of the case involves the claim of a local Philadelphia writer that the show Empire was largely based on a script that he had written and previously pitched to the executive responsible for empire.

Empire and its similarities

The facts that gave rise to the case are as follows: Mr. Tanksley met with a Fox executive and pitched him a TV show about a black music mogul/executive who is struggling with family drama and a personal health crisis. The Fox executive expressed initial interest, but subsequently turned down the script. A few years later, Empire premiered, exploring some of the same themes.

The court declined to find infringement in this case, despite the similarities. One of the primary reasons for this was that many of the alleged similarities were scènes à faire, and thus, not copyrightable. Scènes à faire are plot elements flowing predictably from a general idea. For example, drunk college students in a movie about college would be scènes à faire. It would be absurd for someone to claim that all college movies were based off the first college movie ever made just because there were drunk college or kids going to class. Instead the court noted that there were two ways to demonstrate infringement. First, by demonstrating actual copying. That is to demonstrate that a unique element that is capable of being protected was actually lifted from the original work and used in the copy. Second, to demonstrate material appropriation. That is to demonstrate that the work taken as a whole by the average laymen observer would be perceived to be a copy of the original.

Interesting Legal Developments in Tanksley

The court rejected that expert witnesses were necessary to further develop the record in determining whether there was infringement. Rather the court noted that the average observer could tell if a painting was copied, if a song was ripped from an original, or if a TV show’s plot had been lifted entirely from another. The court went to great lengths to demonstrate, in narrative form, the plots of the two shows side by side demonstrating that the similarities were superficial at best. Rather most of the local producer’s claim was based on the existence of prototypes, such as a black record executive who is struggling with family drama. A black record executive, the court concluded, is a classic example of a “prototype” that cannot be copyrighted, and family drama would an example of scènes à faire. Both of these are unprotectable elements and not subject to copyright protection.

Another unique element about this case is that the 3rd Circuit affirmed a dismissal on a 12(b)(6) motion. 12(b)(6)—dismissal for failure to state a claim upon which relief can be granted—is usually only granted where there is no need to develop any testimony or other facts on the record. The court said it was no error for the district court to have looked at the two TV shows referenced in determining the 12(b)(6) motion. Ordinarily anything outside of the pleadings is not considered in a rule 12 motion, but the court ruled that where the Complaint is based on two works of art, those works of art could be considered implicitly a part of the Complaint as if they were attached themselves.

Conclusion

This case is part of a growing national trend establishing that copyright infringement claims that do not have merit can be dealt with on 12(b)(6) motions. The ability to dismiss the Complaint earlier in the process will likely have more defendants fighting aggressively and early. This is good news for large companies who are often the target of copyright trolls, who can now have their cases dispensed with more efficiently. This case also lays out the “prototype” exceptions to copyright protection in a helpful way, and will likely be cited for this proposition for years to come.

Insurance after a car accident

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After a car accident, one of the most difficult things to figure out is whether your insurance or someone else’s insurance has to pay for the medical bills you’ve accumulated. Even if your insurance is paying for your bills, it can be tough to know if their “offer” to settle the case is sufficient. When an insurance company offers you a settlement for your injuries, should you take it? There are several factors to consider when you’re evaluating an offer from a car insurance company offering to settle your personal injury claims.

1. How Bad are your Injuries?

The most important inquiry in determining whether a personal injury settlement offer is appropriate is to ask how bad your injuries are. No injury is a good thing, but obviously, some physical injuries are worse than others. How long did it take you to heal? How long did you seek treatment for your personal injuries? Did you miss work or lose your job because of your injuries? In general, you are usually entitled to recover for your medical bills, your lost wages, and your pain and suffering resulting from the vehicle accident. Determining how bad these were will help determine whether an offer from your insurance company is fair.

2. Are you completely better?

One of the most important questions to ask yourself is whether you’re completely better. You should generally not accept a settlement for personal injuries from a car or other accident if you are not 100% recovered. Sometimes, the most serious injuries are lurking under the surface. If you’re still experiencing pain and lack of mobility after treatment, you should first speak to your doctor about other treatment options. Once you accept a settlement for a car accident, you are done. You will be asked to sign a release, and you won’t be able to come back for more money if it turns out the injuries are more serious than you thought. So, don’t settle if you’re not better yet! Or, if you’re statute of limitations is about to run out (see below), you may need to file suit to preserve your rights to compensation.

3. When does your statute of limitations run out?

The statute of limitations is a law that sets the time limit on when you can bring a lawsuit to recover for your injuries. You should consult an attorney about your particular case to determine when the statute runs out on you, thus limiting your right to recover for your injuries. If your statute is about to run, this will impact whether you file a lawsuit or accept an offer to settle your claim. The statute of limitations can also motivate the insurance company to make a better offer–but that’s only the case if they’re afraid you’ll file suit.

Conclusion: Call for a Free Consultation on your Injuries

In conclusion, if you’ve been injured in an accident–whether it involved a car, bus, motorcycle, bike, or any other vehicle–call us for a free consultation on your case. We can help you determine whether a settlement offered you by a car insurance company is right for your case, or whether you should fight for more compensation. Whether you were injured in an accident here in Berks County, or anywhere in Pennsylvania, Maryland or New Jersey, we can help you determine what to do next.

End of August

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It’s been a busy month at Cornerstone Law Firm. Attorney Crossett spent a week in a trial in Berks County over unfair trade practices, and also successfully brought several insurance claims to favorable conclusions. He has been advising a company on compliance with state regulations, and is defending several federal lawsuit.

Attorney Ready achieved a large settlement for a serious Berks County car accident victim, and beat criminal charges for several clients. In addition, he favorably settled a large contract claim against a client, and is pursuing another client’s right to retirement funds.

Most excitingly, Cornerstone Law has hired two new employees! Matt has already joined us, and Tiffany will be coming aboard next month. Their information will be posted on the staff page.

We hope your August has gone well and that you’ve been productive! As we head out of summer and into fall, let us know how we can help you, your family or your business to solve problems.

Time to File a Property Tax Appeal?

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Wise management of real estate requires owners to periodically check their tax assessments to ensure they are being assessed correctly. You pay taxes based on the “assessed” value of your home, so ensuring correct assessment can lower your tax liability each year. This applies to both homeowners and owners of commercial property.

There are several times that your property can be reassessed. First, you may have just recently purchased property and based on the purchase price, you may realize that the assessed value, when factored by the common level ratio, is showing an assessed price based on a market price which is significantly more than you paid for the property. If this is the case, your property is ripe for a tax assessment appeal in order to lower your taxes. Another time to consider filing an appeal is when there has been a recent condemnation of part of your property or there has just been a general downturn in the market from when the property was last assessed. In addition, every year, you have the opportunity to file a tax appeal from July 1 to August 15 (the must be received by then).

While the end goal for a tax assessment appeal is to lower the tax liability, it is also important to note that a lower tax liability may make the property significantly more rentable or make it more attractive to buyers at a higher price.

Prudent property owners conduct a periodic or annual review of their real property holdings to find out if they are being properly assessed. Should you have an interest in filing a tax assessment appeal, please contact Cornerstone Law Firm for assistance.

March 2018 Update

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The month of March has been a busy one at the Cornerstone Law Firm! This month, Attorneys David Crossett and Joel Ready have been advocates for a variety of clients, dealing with a broad range of cases and scenarios.

After one client experienced physically painful repercussions from a car accident, Attorney Crossett settled the case with a six-figure settlement. This financial relief will help compensate for personal difficulties the client has dealt with as a result of the accident.

In another case, Attorney Ready acted on behalf of a client who was charged for remaining silent when interrogated by the police (which is your right, according to the 5th Amendment of the Constitution). The charges were dismissed after Attorney Ready filed an “omnibus pretrial motion” and negotiated with the district attorneys’ office. Ultimately, the case was dismissed completely, and the client was cleared of wrongdoing. When a different client was charged with a DUI, Attorney Ready negotiated a favorable plea argument on behalf of the individual, helping the defendant avoid jail time.

Of course, not everyone deals with traumatic experiences or gets charged for a crime, but when life surprises you with difficulties, the Cornerstone Law Firm is here to help. Contact us today to let us know how we can serve you.

What is an amicus brief?

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An amicus brief is a legal document filed with a court by an organization or group that is not a formal party to an action, requesting a particular outcome. An outside group can petition the court for permission to be recognized as an amicus curiae—a “friend of the court”—who can help the court in its decision making by offering a unique perspective on a legal issue.

Amicus briefs (pronounced as “uh-MEE-cus” or alternatively, “AM-i-cus”) usually focus on a solution not proposed by either party to a lawsuit, or on a specific aspect of the proposal of one party. For example, let’s say that a dispute called Hot Dog Stand v. City reaches an appellate court over whether a hot dog is a sandwich, and thus subject to regulation in a large city. Let’s also suppose that the Hot Dog Stand owners might make two arguments: 1) that a hot dog is not a sandwich under the statute in question; or in the alternative, that even though a hot dog meets the definition of a sandwich under the statute, 2) that all regulation of sandwiches is unconstitutional under the state or federal constitution. What would a group of sandwich shops who are watching this case think? They might have a strong interest in asking the court for permission to file an amicus brief detailing the negative impact of regulations on their industry and asking the court to consider the hot dog shop’s second ruling. They might want to urge the court to rule in such a way as to help them also.

Or let’s consider a fictional case called Sultan of Middle Eastern Nation v. University in America, in which the court is considering whether a foreign ruler has to answer a civil lawsuit in the United States by a private university that claims their invention is being illegally reproduced and sold by the Sultan’s government. A non-profit group disgusted with the Sultan’s actions in his home country may file a brief detailing those abuses, urging the court to make the Sultan answerable here in America. The University can avoid bringing up an argument that will make it look like it is just crusading against the Sultan, but they may be grateful to an “unrelated” party who files such a brief, giving the court more moral support for a favorable ruling for the University.

In the legal industry, there are non-profits whose sole purpose is to advocate on specific issues, jumping into active cases to offer the court well-reasoned commentary on why a certain outcome is preferred. The Innocence Project often files amicus briefs on prisoners’ rights; the ACLU advocates for its views on the separation of church and state; the Alliance Defending Freedom advocates for broader First Amendment protections; and the Comic Book Legal Defense Fund looks for opportunities to advocate for broader protections for comic book authors and artists. You get the drift.

Amicus briefs perform an important function in our legal system, giving judges a unique perspective on an issue, and offering support for the rationale of one party or another. They also give non-profits and other groups a voice in our legal system that they might not otherwise enjoy.

At Cornerstone Law Firm, we offer to represent nonprofits or other groups who form for the purpose of presenting an argument in an ongoing case of concern in state or federal court. Our appellate attorneys have experience advocating here in Pennsylvania state courts, and in federal courts. If you have an issue you wish to take up, we welcome you to reach out to us to discuss how we can help you be involved in an issue of public concern in the courts.