The Fishman Firm, LLC

It is never a good time to be incarcerated. However, since the COVID-19 pandemic hit the U.S., prisons have been hotspots due to a lack of social distancing, unsanitary conditions, and the sharing of many items. Perhaps the most difficult part for inmates is an inability to see their loved ones. In the Philadelphia prisons, you used to get one 1 hour visit per week or two 30 minute visits. However, all personal family visits have been suspended since mid-March. While it has t...aken them some time, family and friends can now at least schedule virtual visits with their loved ones. If you have a loved one in a Philadelphia county prison, click on the link below and you can register in the system. They even have a phone app that will allow for these virtual visits to be done on your smartphone. The program is just getting up and running so click on the link to register. If you have any questions about the program, please contact our office. https://www.visitpdp.org/app

The Fishman Firm Has Moved! We are excited to announce that our office is now located in the Land Title Building at 100 South Broad Street, Suite 1910. We look forward to continuing to provide top-notch criminal defense representation to individuals in the Philadelphia area. Please contact us for a free consultation. - https://mailchi.mp/ab399b1af47d/7sjub26f22

Please be advised that all Philadelphia courts will be closed through May 1, 2020. Therefore, if you have a subpoena for an upcoming court date between now and May 1, 2020, you do not need to appear in court. Instead, your case will be rescheduled by Court Administration. The coronavirus pandemic has created a public health emergency that requires individuals to distance themselves from each other. It would create an unsafe environment to have lawyers, judges, court staff, wi...tnesses, defendants, police officers, and others in courtrooms at this time. Our office remains available to service our existing and new clients with their legal matters. We can meet with clients in person (so long as we keep a safe distance) or using Zoom, FaceTime, Skype or other videoconferencing applications. Please contact us at (267) 758-2228 if we can assist you. Please stay safe and healthy and we will get through this difficult time together. #COVID19 #Coronavirus #PhiladelphiaCourts #PhiladelphiaCriminalDefense #FlattenTheCurve See more

As the coronavirus pandemic sweeps across the globe, some of the most vulnerable individuals are prison inmates. They don't get the attention the elderly in a nursing home get because they have been cast aside by society and people assume they did something wrong to be in jail. However, there are thousands of inmates sitting in prisons in Philadelphia, the surrounding counties, and around the country who have simply been accused of a crime. They are presumed innocent and shou...ld be treated as such. However, due to courts being closed, they are not able to have their day in court. Instead, they sit in jail cells that often have 2-3 other inmates, live in unsanitary conditions, cannot participate in social distancing, and suffer from physical and mental health conditions that will lead to a rapid spread of COVID-19 once it enters the prison. The argument that they are by their location self-quarantined is not sound. Correction officers, social workers, administrative prison staff, and many others come and go from prisons everyday. They interact in the world and it will take just one to enter the prison with the virus to lead to a wildfire spread of the virus through the prison. If your loved one is in custody on bail or on a probation violation, there may be steps to be taken to have them released during this pandemic. #Coronavirus #COVID2019 #Prison #PrisonsAndPandemic #Philadelphia See more

Remember True/False quizzes in school? They were both "easy" and maddening. On the one hand, you had a 50% chance of getting the question right. On the other, you would torture yourself as your pencil hovered above the two words as you decided which to circle. In this article I discuss some common questions they I am asked by clients and whether they are true or false. Issues that are often raised include, can police search my cell phone; if I wasn't read my Miranda rights then my statement can't be used against me; and if I was only charged with a misdemeanor I must only be facing probation. Do some of my colleagues repeatedly get the same questions asked of them? Please share your experiences in the comments.

A very well written and thought provoking article by State College criminal defense attorney Jason Dunkle. Sexual assault allegations anywhere are serious matters. They should be investigated and arrests should be made where there is sufficient evidence. However, in the current climate, there is an immediate knee-jerk reaction to believe an allegation simply because it was made. These reactions lead to people passing judgment and universities handing out penalties without pro...per due process to the accused. I agree with Mr. Dunkle that thorough investigations must be completed and all treated fairly and equally before punishments are administered. I have represented university students who have been accused of sexual assault. Students have been suspended from school without even a Title IX hearing and chance to face their accuser. Many may question why someone would levy these charges without them being true. The truth is that there are many reasons for false allegations. If your son or daughter were the accused, you would treasure the presumption of innocence and would want a fair trial before sanctions were imposed. If someone is found guilty after a trial, then they should face the appropriate punishment. But, not before. Don’t put the cart before the horse just because the allegation is a sexual assault. All are presumed innocent and due process is required for every allegation. See more

What are the most common defenses to drug charges? Watch video of Philadelphia criminal defense attorney Brian Fishman discuss the issue.

PLEASE FOLLOW US ON GOOGLE We want to thank you for all of the support our office receives on Facebook. We would like to ask you to take a moment to click below and follow us on Google. Simply click the below link and hit the follow button so you can receive updates from our firm. If you or any one you know has been arrested for a matter in Philadelphia or the surrounding counties, please contact us at (267) 758-2228 for a free consultation. https://g.page/thefishmanfirm

Nothing brings our firm more joy than hearing from a client that they were happy with the services we provided. We work extremely hard to get our clients the best outcome for their legal matter. We can't promise that we will always get the desired outcome. However, we can promise that we will use every tool at our disposal to reach the right result and see that justice is served. It was a pleasure working with this client and we were excited that we were able to get all of his cases dismissed or withdrawn so he can move on with his life without his past effecting his future. https://goo.gl/maps/BQwEUSun5U81cz9B8

Montgomery County DUI charges dismissed at preliminary hearing! It's not often that charges are dismissed at a preliminary hearing as the Commonwealth simply has to prove more likely than not that a crime was committed and that you may have been involved. The burden is called a prima facie case. In this interesting DUI, it was our contention that while our client was under the influence when administered a breathalyzer, he was not in fact driving his car. How were we able to prove that an officer got it wrong when he claimed our client was driving his vehicle moments before he was arrested? Read this article to learn more. #DUILawyer #MontgomeryCountyDUILawyer #DUI #CriminalLaw

Hey Ma, look I made it! Reporter caught me walking outside #Philadelphia Criminal Justice Center to discuss recent attack on judicial website that has shutdown e-filing and other court operations. Hoping the courts resolve this issue quickly for all those affected. #PhiladelphiaCourts #CriminalJustice #FridayFeelings

When do you have the right to remain silent in Pennsylvania? Answer: Always. You always have the "right" to remain silent and you should exercise that right whenever you have an encounter with police involving a criminal investigation. This does not mean that you should not speak to police as you must when you are stopped in a vehicle or under other circumstances. However, you should not speak with them in any way that will aid their investigation into your possible criminal ...activity. Many people believe, from watching too much television, that police are required to read you Miranda rights whenever you are arrested. However, this is not the law. Police are only required to read your Miranda rights to you if they are seeking a custodial interrogation. Therefore, two things must exist for Miranda warnings to be required: (1) You must be in police custody. That is, you must be under the control of law enforcement to the degree that you or a reasonable person would not feel they are free to leave; and (2) Police must be interrogating you. That is, they must be asking you questions that are likely to lead to an incriminating response. To learn more, please read my most recent article on the subject. See more