sentencing

Supreme Court Standardizes Procedures for Sentences of Restitution

Recent amendments to the Rules of Criminal Procedure aim to standardize the procedures by which restitution is awarded in criminal cases.

By | 2016-04-01T11:35:45+00:00 April 5th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Supreme Court Standardizes Procedures for Sentences of Restitution

Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement

A mandatory minimum sentence imposed upon a convicted sex offender for failing to comply with a statutory registration requirement is constitutional, the Pennsylvania Superior Court held in Com. v. Pennybaker

By | 2017-05-19T22:51:27+00:00 August 17th, 2015|Categories: Constitutional Law, Criminal Law, General|Tags: , , , , , , , |Comments Off on Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement

Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

A defendant’s claim of innocence must be plausible in order to constitute a fair and just reason for a presentence withdrawal of a guilty plea, the Pennsylvania Supreme Court held in Com. v. Carrasquillo.

By | 2017-05-19T22:51:28+00:00 July 7th, 2015|Categories: Criminal Law|Tags: , , , |Comments Off on Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional

A Crimes Code provision mandating a minimum prison sentence of two years upon a conviction for selling drugs in a “drug-free school zone” is unconstitutional, the Pennsylvania Supreme Court held in Com. v. Hopkins.

By | 2017-05-19T22:51:28+00:00 July 1st, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , |Comments Off on Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional