Neff & Sedacca Criminal Defense Attorneys

Pennsylvania Child-Abuse Registry: Allegations alone can mean a lifelong listing on the Commonwealth’s child-abuse registry. Child-abuse is a topic that involves very sensitive issues and often the most vulnerable in our society. Of course, there should be no shortage of protections in place. However, what many don’t realize is that individuals in Pennsylvania can be placed on the child-abuse registry for alleged child abuse or neglect without a day in court or legal opportun...ity to challenge the accusations. Currently, a cursory investigation alone is enough in the Commonwealth. Many are not aware of the brief 90-day window for appeal so it is often missed. The potential result: A lifelong battle to overcome economic hardship with limitations placed on employment opportunities as more and more positions and companies require background checks. READ MORE https://neffsedacca.com/pennsylvania-child-abuse-registry-/ See more

Landmark Ruling: Warrants Now Required to Search Vehicles in Pennsylvania Protection from unreasonable searches and seizures by law enforcement is a fundamental right afforded to individuals by the 4th Amendment of the United States Constitution. A similar but broader protection is provided at the state level pursuant to the Constitution of Pennsylvania Article 1, Section 8. In a landmark ruling, the Supreme Court of Pennsylvania overturned long-held precedent which allowed for warrantless vehicle searches. The opinion issued on December 22, 2020 now holds that all law enforcement searches of a car, and items contained within it, require a warrant in Pennsylvania. READ MORE https://neffsedacca.com/landmark-ruling-warrants-now-requi/

Wishing you and your family a wonderful holiday season and a Happy New Year. https://neffsedacca.com/

Wishing you and your loved ones a joyous and gratitude-filled holiday! Happy Thanksgiving - Neff & Sedacca, P.C. https://neffsedacca.com/

Mandatory Reporting: A Refresher Course Amid the New School Year School is back albeit different yet the laws in place regarding child abuse and mandated reporting remain. They are as important and relevant today as they were before COVID-19 reached our shores. Over the past several years, amendments have been made to the Pennsylvania Child Protective Services Law (CPSL), including major reforms in 2013 and 2014. More recently greater penalties have been put in place for mandatory reporters and the willful failure to act. Whether you are required to report by law or accused of child abuse allegations, understanding the law is key. Here are some of the most frequently asked questions. READ MORE https://neffsedacca.com/mandatory-reporting-a-refresher-co/

Neff & Sedacca, P.C. Secures Immediate Compassionate Release of Convicted Drug Trafficker After 28 Years in Federal Prison The motion, which was litigated before the United States District Court for the District of New Jersey earlier this year, referenced the First Step Act, Section 3582(c)(1)(A) and applicable U.S. Sentencing Commission policy (Section 1B1.13). In this matter, the firm presented compelling circumstances resulting from COVID-19 pandemic in combination with other factors, such as the prisoner’s age, medical history and length of remaining sentence. READ MORE https://neffsedacca.com/neff-sedacca-p-c-secures-immediate/

Hiring a Criminal Defense Attorney: To Do or Not To Do An arrest or indictment can be a frightening experience. The decisions you make will affect your freedom, your family and your financial well-being. One of the most important choices is finding the right criminal defense attorney and experience clearly matters. Experience alone is not enough. Reputation, preparation, attention to detail and access to expert witnesses are all critical to successful criminal defense representation. Paramount is the relationship built between you and your attorney. It is a partnership and as he or she advocates on your behalf, working together is the best way to achieve the optimal outcome to the case. TOP DO’S & DON'TS https://neffsedacca.com/hiring-a-criminal-defense-attorney/

Cellphones and Privacy in the Spotlight on Both Sides of the River Cellphones have been part of daily life for decades. Today, these powerful handheld devices are used for far more than calling family and friends. We use them to conduct business, bank online, search restaurants, make purchases, play games and literally find our way with directions. Whether for work or personal use, there is no end to the importance and reliance we place on cellphones. Think about all the private information that these critical devices hold about us. From passwords, to where we were on a certain dates and time, all of that is stored in the memory of one’s personal access device. READ MORE https://neffsedacca.com/cellphones-and-privacy-in-the-spot/

Kick back and enjoy the last official weekend of summer. Happy Labor Day!

Hearsay Evidence Alone No Longer Enough in Preliminary Hearings For the past 30 years, preliminary hearings have become a shell of what was intended by the justice system. Its procedural purpose to determine if there is enough evidence to bring a case to trial was reduced to, as some put it, a rubber stamp for prosecutors that unfairly diminished the rights afforded by due process. A recent case before the Supreme Court of Pennsylvania turned the spotlight on some of these critical questions Is hearsay alone enough evidence to advance a case to trial? Does due process attach at preliminary hearing? Are one’s due process rights violated in preliminary hearings when only hearsay evidence is presented? READ MORE https://neffsedacca.com/hearsay-evidence-alone-no-longer-e/

Unmasking the Post-COVID Criminal Court Room: The Challenges and Changes Needed to Balance a Defendant’s Rights and Overall Safety Jury trials are more than a standard in the American criminal justice system; they are a right. Specifically, the Sixth Amendment states: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed to be confronted with the witnesses against him/her to have the assistance of counsel for his/her defense. Likewise, jury duty is not only citizens’ civic responsibility, but it is mandatory with few excusable exceptions. So, that’s the law, but what is the reality as we face the new COVID norm? Read more. https://neffsedacca.com/unmasking-the-post-covid-criminal-/

Zero-Tolerance for Cannabis in Pennsylvania DUI Offenses May Soon End Despite the legalization of medical marijuana (MMJ), the Commonwealth of Pennsylvania still has a zero-tolerance statute. The current law prohibits the operation a motor vehicle with any amount of a Schedule I controlled substance, which includes marijuana or its chemical components and metabolites, regardless of impairment. Yet unlike alcohol, traces of the non-psychoactive material produced by marijuana (metabolites) can stay in a person’s blood system for days or weeks. Therefore, that person under current law could still be subject to prosecution even without proof of actual impairment. All this may be about to change. READ MORE. https://neffsedacca.com/zero-tolerance-for-cannabis-in-pen/

Cannabis & Consequences From a Criminal Defense Perspective (as seen in The New Jersey Law Journal) To follow up on our recent article in The Legal Intelligencer, we turned our focus to Cannabis Law in New Jersey. This past January marked 10 years since Governor Jon Corzine signed the New Jersey Compassionate Use Medical Marijuana Act (N.J.S.A. 24:6I-1 et seq.) into law, making it 14th state to allow medical marijuana. In this editorial, we examined criminal violations, such as driving while intoxicated (DWI), probation and loss of employment for a positive drug test are just some of the changes that routinely draw the attention of legal, medical and political pundits. Read more. https://neffsedacca.com/cannabis-consequences-from-a-crimi/

Neff & Sedacca, P.C. Partners Once Again Awarded Top Super Lawyers-Pennsylvania Honors For Criminal Defense The firm is pleased to announce that partners Marc Neff and Matthew Sedacca have been recognized for their expertise in criminal defense law. Specifically, Mr. Neff was named one of the 2019 Pennsylvania Super Lawyers, marking more than ten (10) consecutive years to have achieved this recognition. Mr. Sedacca was named to its 2020 Pennsylvania Rising Stars list for the 6th year in a row. Read more. https://neffsedacca.com/neff-sedacca-p-c-partners-once-aga/

UPDATE: PENNSYLVANIA SUPREME COURT SAYS YES TO PROBATIONERS WITH VALID MEDICAL MARIJUANA The Commonwealth’s Highest Court Reaffirms Immunity to Individuals Under State and County Supervision Earlier this year, we discussed the status of cannabis law and the inconsistencies in matters of individuals who violate state and county supervision (probation or parole). Whereas the Commonwealth position is (and has been) clear at the state level, there was until this week uncertainty at the county level. The justices’ unanimous decision came down Thursday June 18, 2020. Read more. https://neffsedacca.com/cannabis-and-probation-pa-supreme-/

COVID-19 and the Financial Implications for the Cannabis Industry To say COVID-19 has changed the world is an understatement. It has impacted everyone, everywhere. No business or industry is immune, including cannabis. Congress has been working overtime to enact various financial relief packages yet for the most part, they’ve excluded even state-legal cannabis companies since marijuana remains illegal under federal law. The tides do seem to be shifting. Advocates in government along with criminal justice and civil rights groups have urged for stimulus funding of these companies. A coalition of cannabis industry trade organizations also urged congress to amend and include these businesses within the CARES Act. Read more. https://neffsedacca.com/covid-19-and-the-financial-implica/

Medical Marijuana and Some of Its Collateral Consequences (as seen in The Legal Intelligencer) In April 2016, Governor Tom Wolf legalized medical marijuana in the Commonwealth of Pennsylvania. The bill allowed Pennsylvania residents to obtain a medical marijuana identification card for the purchase and consumption of cannabis products from state licensed vendors for prescribed medical use. After almost two (2) years, marijuana products finally became available in February 201...8. In four (4) short years, a lot has happened. The one constant has been that of change. The evolution is still in its early stages and the laws surrounding the use of marijuana will continue to be defined. The areas of rapid change include criminal violations, including DUI, probation and loss of employment for a positive drug test. Read more. https://neffsedacca.com/medical-marijuana-and-some-of-its-/ See more

Recording Videoconferences Ask Permission Videoconferencing is not new. We’ve been face-timing with family, friends and colleagues for years. Yet over over the past few months, it has taken on greater prominence and questions surrounding its use in business have become the topic of many discussions, blogs and the like. Be aware, the use of Zoom, Skype and other technology can have both civil and/or criminal liability. Legally, some of the most frequently asked questions. Can you record? Do all parties need to agree? Are these videoconferences really private? These are just some of the issues to consider before hitting the red record button onscreen. Read more. https://neffsedacca.com/recording-video-conferences-ask-pe/

White Collar Cases Amid the COVID-19 Pandemic: Delay Delay Delay We’ve all seen the Expect Delays signs when driving through a snow storm or road construction. When it comes to the white collar docket, the writing is on the wall. This includes federal investigations of fraud and other such criminal complaints whether they are new or already in process. Why? The short answer is everything has changed over the past weeks and the court system is certainly not immune. Judges and lawyers are working from home. Grand and trial juries cannot meet. Law enforcement is unable to search homes and present subpoenas onsite at businesses. Evidence presentation and indictments are at a standstill nationwide. Read more. https://neffsedacca.com/white-collar-cases-amid-the-covid-/

Cannabis and Sports: Recent Updates to Drug Testing Policies in NFL and MLB We’ve all heard it before Philly is a sports town. Despite a lack of play on the field, news from the National Football League (NFL), Major League Baseball (MLB) and other professional sports organizations continue to make headlines. The new NFL collective bargaining agreement (CBA) between owners and the National Football League Players Association (NFLPA) finalized in March 2020 has a number of sweeping changes, including three bold revisions to the NFL’s drug testing policies. The first definitive change is that players cannot be suspended if they test positive for marijuana. READ MORE https://neffsedacca.com/cannabis-and-sports-recent-updates/

From all of us to all of you, Neff & Sedacca PC would like to wish you and your family a safe and healthy holiday. https://neffsedacca.com/