Montgomery County PA Criminal Defense Law Blog
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Drug Charges on Tuesday, May 15, 2012
Three people were arrested early Monday morning and charged with numerous criminal drug charges. The Norristown Police Department made the arrests after observing their vehicle parked on a block on March Alley that is renowned for high levels of crime and drug trafficking. A 31-year-old Norristown woman, a 31-year-old King of Prussia woman, and a 43-year-old Philadelphia man were charged with several counts of possession of drug paraphernalia, giving false identification, drug possession with intent to distribute and deliver, and probation violations.
According to the police report, the defendants gave false names to the police upon questioning, were inconsistent with their reasons for being in the area, and disagreed on who the car and its contents belonged. Upon receiving permission to search the car the officers found several items including needles, candles, lighters, straws, razors, spoons and a phone with text messages relating to crack dealing. Further questioning caused one of the women to discreetly inform police that they should also check the gas tank. There they found a bag containing several layers of baggies with 18 grams of crack cocaine.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Theft & Property Crimes on Wednesday, May 9, 2012
After only one day on the Clearfield County fugitive of the week list, Pennsylvania State Police received an anonymous tip providing the location of a Greenville man. The 24-year-old did not appear in court for a May 2 preliminary hearing and a warrant was issued for his arrest. Clearfield County Sheriff's deputies took the man into custody peacefully.
The man's scheduled appearance in court was in connection with two separate incidences in which Pennsylvania State Police accused him of several theft and criminal trespass charges. In January, an investigation into a burglary in Beccaria Township led police to believe that the man was responsible for breaking and entering into a commercial business where he allegedly removed a cash register.
A different investigation that began in March led police to believe the man broke into another commercial business in Coalport Borough. A probable cause affidavit filed by police said the man smashed a window and removed several items including prescription drugs and cigarettes, while two others kept a lookout.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Juvenile Crimes on Monday, April 30, 2012
The U.S. Supreme Court is currently examining a challenge against sentencing juvenile offenders to life sentences without the possibility of parole. The court's decision would have a major impact on the sentencing guidelines imposed on Pennsylvania's judges. Our state has sentenced more than 440 juvenile delinquents to life in jail; more than any other state.
The Supreme Court could alter the Constitution making parole available to all juvenile criminal offenders, no matter what the crime. Pennsylvania law already prohibits teen executions and sentencing youngsters to life-without-parole unless the crime involved a death. Many argue that since our brains are not fully developed until our mid-20s, that juvenile offenders cannot fully understand the consequences of their behavior. Proponents of changing the laws say that teens' diminished capacity makes them more susceptible to peer pressure and can easily be convinced to commit a crime. It's for that same reason that young criminals have the best chance at rehabilitation.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Juvenile Crimes on Tuesday, April 24, 2012
A boy was found delinquent in the killing of a 26-year old woman and her unborn child. In juvenile court, finding a minor delinquent is the same as a guilty verdict. The boy, now 14 years old, was 11 when he shot them with a shotgun. The judge conducted the trial behind closed doors, allowing only close family members into the courtroom because of the young age of the accused when he committed the crime.
The boy's lawyer is not sure if they are going to appeal the Lawrence County judges decision on the criminal homicide and first-degree murder charges. The state's deputy attorney general said that the guilty verdict will now allow the boy to receive treatment and counseling for his juvenile crime. In the three years since he was charged, the boy has been detained in a juvenile facility. However, because the boy and his family insisted he was innocent, he was not allowed any counseling.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Drunk Driving on Wednesday, April 18, 2012
It was a regular Tuesday night for a Pennsylvania state trooper until he knocked on the door of a 40-year-old Altoona woman. He was following up on a report of a driver swerving erratically on Interstate 99. The call came from a motorist who followed the woman's car home and informed the authorities.
When the woman opened her front door to the state trooper, she was only wearing her skivvies and carrying two yellow roses that she offered to the officer. The trooper said she matched the description offered by the complainant, except that she had removed her blue jeans. According to the officer, the woman admitted to driving her car - which also matched the description - and she was arrested for DUI. The police say her blood alcohol content was more than four times over the legal limit.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Drug Charges on Wednesday, April 11, 2012
A 30-year-old Upper Merion man arrested in October 2010 was declared guilty on seven counts of drug trafficking by a Montgomery County judge on Monday. The man was one of seven arrested after a sting operation conducted by the District Attorney's Narcotics Enforcement Team and Drug Task Force. The man agreed to a bench trial for his felony drug charges and gave up his right to a jury trial slated for April 23.
He was found guilty on seven felony counts including corrupt organization, drug trafficking, criminal use of a communication facility and criminal conspiracy. The defendant and co-conspirators reportedly have links to a Mexican drug cartel. The U.S. Immigration and Customs Enforcement will likely deport the defendant after he serves a lengthy prison sentence.
The county authorities built their case against the defendants during a three-week period in 2010 that included wiretaps on five cell phones. They also followed them to meetings at restaurants in Norristown and cocaine deliveries to high-rise apartments.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Assault & Battery on Tuesday, April 3, 2012
The CEO of a Pittsburgh-based national insurance company has been fired for cause by the company's board of directors in the wake of criminal charges. Initially put on unpaid leave, the company board decided to terminate his employment altogether. It is not clear whether or not the former executive will receive a severance package.
Tongues are wagging because the trespassing and assault charges come from the CEO's lover's husband. Not only is he facing criminal charges, but a wife of 19 years, a company in the midst of a sensitive takeover of another health system, and his status as a board member in good standing for several charitable organizations, and sliding revenues. In fact, he was going to be honored at a national gala later this month, but they have retracted his award. His alleged lover may also face economic consequences because she is employed at the same company.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Theft & Property Crimes on Wednesday, March 28, 2012
A husband and wife were arrested in Norristown and awaiting trial in Montgomery County on multiple charges of criminal conspiracy, forgery, fraud and false swearing in connection with a forged will. Originally from another state, they were investigated and interviewed by an insurance fraud task force officer when they reportedly admitted to signing witness to a friend's will months after he died. According to authorities, the couple willingly participated in the scheme developed by the man's widow.
The supposed forged will was admitted to probate court in 2007 and included the bequeathing of a home, several valuable antiques and other assets. The decedent and his wife had only been married for about 18 months before his natural, but untimely death. According to her, he wrote a letter naming his wife as his beneficiary two months before he died. The Pennsylvania couple testified numerous times that they actually witnessed the man sign his will and the letter.
Their story has changed drastically over the last five years. Perhaps under duress or pressure from authorities, the couple did a complete reversal of their original story. They have also stated they had no idea the document was a forgery.
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Juvenile Crimes on Tuesday, March 20, 2012
Since December, two Schwenksville businesses have been the target of petty vandalism and burglary three times. Sometimes items were stolen, sometimes just property was damaged. Twice, several bottles were taken from a local liquor store, while a local eatery had windows smashed after the restaurant's alarm system was activated.
Pennsylvania State Police investigated all three crime scenes and came up empty-handed except for one partial shoe print. Last week they got their answer. A 16-year-old boy confessed to all three discrepancies. The police report claims the teenager admitted to the incidents during an interview. Despite this admission, when dealing with juvenile crimes, there are many extenuating circumstances and questions that the police and court system should ask.
Was the teenager being threatened, influenced or coerced by someone else? Was he trying to prove himself as some sort of gang-related initiation? Was there an actual need for money or food? Does the youngster suffer from alcoholism or other mental illness? What is the teen's home life or living situation? Were his actions simply youthful indiscretions because he was just plain bored? Or, could it be the boy is truly innocent and the police badgered him into a confession?
On behalf of Theodore H. Swan, Jr., Attorney at Law posted in Drunk Driving on Monday, March 12, 2012
A 22-year-old Delaware County man waived his right to a preliminary hearing last week in association with drunk driving charges from a Thanksgiving arrest when he drove his vehicle into a garage.
Against promises that he always shows up to court, the judge set bail at $10,000 cash, and would not accept the usual 10 percent normally required for bail. The judge said the purpose of bail is not solely to ensure that defendants appear in court, but to also protect the community. The man was already out on bail for an earlier 2011 drunk driving incident in Chester County and the judge said he was interested in stopping the defendant's pattern of improprieties.
