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Resisting Arrest and Contraband Drug Charges Dismissed in Schuylkill County, Pennsylvania

This summer, Cornerstone Law Firm’s Joel Ready successfully obtained the dismissal of contraband drug charges, terroristic threats, and resisting arrest charges for a client in Schuylkill County, Pennsylvania after habeas corpus proceedings. 

Part of the charges were based on a claim that the individual involved had fought with an officer while he was being arrested. But Attorney Ready was able to demonstrate that the arrest was unlawful to begin with, and so the charges were dismissed. The rest of the charges were based on a claim that the defendant had intentionally taken drugs into the Schuylkill County prison in Pottsville, Pennsylvania.

Despite allegedly having eye-witness testimony to the defense possession of the drugs, the Commonwealth was forced to withdraw the charges this week after Cornerstone Law’s team demonstrated that there were someone else’s fingerprints on the drugs. These revelations came as a result of a discovery motion made by Attorney Ready as part of an Omnibus Pretrial Motion.

“This case illustrates the importance of defendants being willing to fight for their rights and challenge charges rather than simply taking the best plea deal available,” attorney Ready explained. 

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Every case is different, and good results for one person don’t necessarily mean good results in your case. However, if you’re facing criminal charges in Schuylkill County or elsewhere in Pennsylvania, contact Cornerstone Law Firm to speak with a criminal defense attorney about how to deal with your case.

 

 

 

Public Drunkenness and Kutztown University Students

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.

  1. 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.

  1. 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.

  1. 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.

March 2018 Update

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.