I have represented doctors, nurses, accountants, lawyers, and other individuals with professional licenses in Bucks County.  It is always challenging to advise an individual about what their particular licensing body finds acceptable in a criminal conviction.  Frequently, it depends on the license and the crime.  

The Department of State, Bureau of Professional and Occupational Affairs provides the umbrella for 29 professional and occupational licensing boards.  These licensing boards have the power to take disciplinary action against a license for "statutorily enumerated reasons" which are contained in their particular statute and other laws.  

It is critical for an individual to explore these issues with a Bucks County criminal attorney and determine the appropriate path in their defense.  

Deportation from Bucks County Crimes

When you hear a guilty plea colloquy in Bucks County, you will hear the judge ask the individual or individuals a variation of the following:

If you are not a citizen of the United States, have you had time to consult with an immigration lawyer regarding your legal status?  If so, would you like time to consult with an attorney?  

Bucks County Criminal Lawyers Should Know

"My prison shall be my grave before I will budge a jot: for I owe my conscience to no mortal man." - William Penn

Did you know (or remember) that William Penn was put on trial?  Most recall that he was a Quaker, but many may not recall that he was put on trial in England.  Here's what Wikipedia says about the 1670 trial:

Among the most famous of these was the trial following his 1670 arrest with William Meade. Penn was accused of preaching before a gathering in the street, which Penn had deliberately provoked in order to test the validity of the new law against assembly. Penn pleaded for his right to see a copy of the charges laid against him and the laws he had supposedly broken, but the judge (the Lord Mayor of London) refused – even though this right was guaranteed by the law. Furthermore, the judge directed the jury to come to a verdict without hearing the defence.^[51]

Despite heavy pressure from the Lord Mayor to convict Penn, the jury returned a verdict of "not guilty". When invited by the judge to reconsider their verdict and to select a new foreman, they refused and were sent to a cell over several nights to mull over their decision. The Lord Mayor then told the jury, "You shall go together and bring in another verdict, or you shall starve", and not only had Penn sent to jail in loathsome Newgate Prison (on a charge of contempt of court), but the full jury followed him, and they were additionally fined the equivalent of a year’s wages each.^[52][53] The members of the jury, fighting their case from prison in what became known as Bushel's Case, managed to win the right for all English juries to be free from the control of judges.^[54] This case was one of the more important trials that shaped the future concept of American freedom (see jury nullification)^[55] and was a victory for the use of the writ of habeas corpusas a means of freeing those unlawfully detained.

The Attorney General is the chief law enforcement official of the Commonwealth of Pennsylvania.  The current Attorney General is Kathleen Kane.   The Attorney General prosecutes criminal offenses in multi-jurisdictions and enforces regulations relating to consumer protection issues (via the Bureau of Consumer Protection).  The Attorney General also represents the Commonwealth against all law suits.  

The Attorney General also has numerous safety programs, including online/internet protection for children.  They also administer the registration of the contractors who do home improvement.  They will also pursue people who, for example, lie to their Montgomery County Worker's Compensation Lawyer and fraudulently pursue a worker's comp claim.  

I have had cases in Bucks County involving the Attorney General's office and crimes that either occurred in Bucks County or were consolidated in Bucks County.  Some insurance fraud cases and a drug case that involved multi-jurisdictions and an alleged conspiracy of a drug operation.  Typically, these cases involved investigations by State Troopers and can be lengthy.  The cases can also be older as the Attorney General's office can normally be investigated over a period of years.   

There is the U.S. Supreme Court, but what is the Pennsylvania Supreme Court?  

The Pennsylvania Supreme Court is the highest court in Pennsylvania.  It hears criminal and civil cases only.  It started in 1864.  There are 7 Supreme Court Justices.  On average, the court gets 3,000 requests a year to hear cases.  Generally, the Supreme Court reviews, 

Requests for discretionary appeals from the Commonwealth Court and Superior Court

Direct Appeals from a lower court’s decision, including when a sentence of death is issued

Requests to intervene in a lower court’s proceedings

Requests to deliver a body from illegal detention

To get a criminal case to the Pennsylvania Supreme Court is tough.  You may recall my general overview of the PA Supreme Court in a prior blog.  I am facing some potential cases that may eventually get there.  It all depends on the intermediate level courts.  As an aside, did you know that the PA Supreme Court is the nation's oldest appellate court?  

In speaking with criminal lawyers in Bucks County, it appears that there are a few general reasons why cases get to the Supreme Court of Pennsylvania.  Here they are:  

The Supreme Court is selective and the odds of getting a case up for their review as a Petitioner are tough.  First, there is just significant volume to choose from.  Second, the petition may generally be seeking a chance to "correct" a decision below, but the Supreme Court is generally looking for issues to speak about.  The reasons for seeking Supreme Court review must be special and important.  Is this about picayune details of your case or is there generally a potentially new area of the law that needs to be settled?  

The Supreme Court is not looking to review credibility or upset long settle principles (unless those principles may be antiquated or now unjust).  The Court is not looking towards mere error or fact intensive exceptions?  Instead, they want to settle bigger disputes that have been percolating up through the lower courts for a long time.    

There is and it is important.  As summarized by the Pennsylvania Supreme Court, 

“The conduct of lawyers and judges should be characterized at all times by professional integrity and 

personal courtesy in the fullest sense of those terms,” the code says in its preamble. “Integrity and 

courtesy are indispensable to the practice of law and the orderly administration of justice by our courts. 

Uncivil or obstructive conduct impedes the fundamental goal of resolving disputes in a rational, peaceful 

and efficient manner.”

We have previously discussed eligibility for an expungement in summary cases, the guilty plea procedure for a summary trial in Bucks County, a person's appeal rights after a summary trial in Pennsylvania, and when a person should get a juvenile crimes lawyer if there is a summary offense for a juvenile.  

But, if you have a summary conviction on your record, how do you go about getting it expunged?  Well, your friendly Bucks County Criminal Defense Lawyers are here to help.  The procedure is encompassed in Rule 490 of the Pennsylvania code.  Your petition for expungement must include a host of items, which is included in Rule 490:

 (A)  Petition for Expungement

   (1)  Except as provided in Rule 320, an individual who satisfies the requirements of 18 Pa.C.S. §  9122 for expungement of a summary case may request expungement by filing a petition with the clerk of the courts of the judicial district in which the charges were disposed.

   (2)  The petition shall set forth:

     (a)   the petitioner’s name and any aliases that the petitioner has used, address, date of birth, and social security number;

     (b)   the name and address of the issuing authority who accepted the guilty plea or heard the case;

     (c)   the name and mailing address of the affiant as shown on the complaint or citation, if available;

     (d)   the magisterial district court number;

     (e)   the docket number;

     (f)   the date on the citation or complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;

     (g)   the specific charges, as they appear on the charging document, to be expunged;

     (h)   the disposition and, if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;

     (i)   the reason(s) for expungement; and

     (j)   a verification by the petitioner that facts set forth in the petition are true and correct to the best of the petitioner’s personal knowledge or information and belief. The verification may be by a sworn affidavit or by an unsworn written statement that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code §  4904, 18 Pa.C.S. §  4904.

Under 18 Pa.C.S. § 9122, a person who files a petition for expungement must be free from arrest or prosecution for five years following the summary conviction.  

Summary Trial and Motions in Bucks County

Suppression motions in criminal trials are very important.  In Bucks County, they can also be used and are appropriate in summary cases, as the case of Commonwealth v. Breslin cited.  

So, if your lawyer believes there was an illegal stop or an illegal seizure in your case, he or she should present a suppression motion at your Summary Trial in Bucks County.