As a criminal defense attorney in Somerset, Pennsylvania, I have appealed many criminal cases to the Pennsylvania Superior Court. In fact, I currently have a DUI case on appeal to the Pennsylvania Supreme Court.
One important appeal issue I have run into many times is the filing or lack of filing a post sentence motion before an appeal. It is imperative to file a post sentence motion within ten (10) days of the sentencing hearing if you plan to take an appeal of your sentence. In fact, if an appeal is taken and the post sentence motion was not filed, the appellate courts will not even consider any request for modification of your sentence. Even if more than ten days has elapsed since the sentencing hearing, the appropriate route is to get post sentence motion rights reinstated before the appeal. If you plan to appeal a criminal sentence please contact my office.
Today a substantial change in DUI law took effect in Pennsylvania. For the first time in history, a person can be charged with a Felony for driving under the influence in Pennsylvania. Under the new law, any person who is charged with a DUI and has three or more DUI offenses within the past ten years will now be charged with a Felony of the third degree. Also, third time DUI offenders under certain circumstances, such as a minor being present in the vehicle, will also be charged with a Felony of the third degree. A felony of the third degree is punishable by up to seven (7) years in prison and a $10,000.00 fine. DUIs in Pennsylvania, even certain types of first offenses, continue to carry mandatory jail/prison time under the new law. As such seeking counsel immediately when charged with any type of DUI is imperative.
Commonwealth v. Olson, Supreme Court Grants Appeal
Recently I had a case certified for appeal to the Pennsylvania Supreme Court. It will be a landmark case in Pennsylvania for DUI law. The Pennsylvania Supreme Court will be applying Birchfield v. North Dakota, a landmark United States Supreme Court case regarding DUI traffic stops and blood testing. The case will directly impact the way DUI’s are prosecuted in the state of Pennsylvania. I represent Mr. Olson, the Defendant in the case on appeal Commonwealth v. Olson. For more information about the case visit the following link: https://paablog.com/commonwealth-v-olson-allocatur-grant/.