The Successful Appeal Myth
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
In the criminal law forum, a defendant’s decision to proceed to trial is often times a very difficult one, premised upon many… THE SUCCESSFUL APPEAL MYTH BY BERNARD JOHNSON In the criminal law forum, a defendant’s decision to proceed to trial is often times a very difficult one, premised upon many factors.  Among those factors, is the defendant’s understanding that in the event of an unfortunate conviction, that he or she can pursue an appeal.  If that unwelcomed conviction results in the defendant being sentenced to a prison term, often times the contemporaneous mentality of that def ..read more
Visit website
Accomplice Liability Jury Instruction
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
     The crime that is done alone is the crime which the perpetrator has the best chance of getting away with.  But for those who commit crimes with others, the sticky web of “accomplice liability” motivates co-defendant’s to cooperate with the prosecution in their quest for leniency.  There is a powerful tool which defense attorney’s have available in their arsenal in defending their clients when a co-defendant goes rogue against another and testifies against his once “colleague” with leniency in their eyes.    The general rule of law pertaining to the culpability of conspirators is that e ..read more
Visit website
Reform In DUI Blood Testing Refusal
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
     Those who operate a motor vehicle while under the influence of drugs or alcohol, undoubtedly, pose a substantial danger to themselves and other motorists.  Under the “Implied Consent” laws applicable to such inebriated drivers, the 50 states impose either civil or criminal liability (or both) upon drivers suspected of driving while under the influence of drugs or alcohol who either refuse to submit to breath testing or blood draws to determine if they are over the legal limit of intoxication to operate a motor vehicle.  Recently, the United States Supreme Court examined that which is p ..read more
Visit website
PA Supreme Court Rules Life Without Parole Sentence For Juveniles Only Appropriate Where There’s No Potential For Rehabiliation
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
PA SUPREME COURT RULED A LIFE WITHOUT PAROLE SENTENCE FOR JUVENILES  IS ONLY APPROPRIATE WHERE IMPOSSIBILITY FOR REHABILITATION Commonwealth v. Batts  In Pennsylvania, juvenile offenders who have previously been sentenced to mandatory life without parole sentences have begun the process of being resentencing.  This is, in part, a result of the landmark 2010 United States Supreme Court’s decision in Graham v. Florida holding that a sentence of life without parole imposed on juveniles convicted of non-homicide offenses is unconstitutional due to scientific evidence tending to prove that ju ..read more
Visit website
Understanding The Automatic Companion Rule
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
UNDERSTANDING THE AUTOMATIC COMPANION RULE       In the United States, as American’s, we are afforded many rights which prevent oppressive and intrusive police conduct.  One of those rights, is the right to be free from intrusive searches and seizures of one’s person and property.  That right finds it’s life in the 4th Amendment of the United States Constitution, which is synonymous with Article 1 Section 8 of the Pennsylvania Constitution.  Today we will discuss what’s known as the Automatic Companion Rule, a rule which permits a “frisk search” of all companions of an arrestee.       Th ..read more
Visit website
The Criminal Preliminary Hearing and the Prima Facie Burden of Proof
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
THE CRIMINAL PRELIMINARY HEARING AND THE PRIMA FACIE BURDEN OF PROOF      I am commonly asked, during my free consultations in respect to criminal cases, if I can assure the prospective client to get their criminal charges dismissed at the Preliminary Hearing.  The prospective client, more often than not, finds distaste in my answer in the negative.  Many of these clients, however, are actually oblivious to the extremely low burden of proof which govern the Preliminary Hearing known as “prima facie” evidence.      At the preliminary hearing stage of a criminal prosecution, the state need ..read more
Visit website
An Examination of What Constitutes A Criminal Conspiracy Charge
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
CONSPIRACY THEORY      A conspiracy charge in a criminal case can prove to be a pest liken to a spider and the Web which it weaves, threatening to prey upon anyone in the proximity of the crime committed.  Here at the Law Office of Roy Galloway, we want you to be informed about what constitutes the offense of conspiracy.  Just because you are charged with a  conspiracy offense, doesn’t mean you are actually “stuck in the spider’s web” to be preyed upon.  Know your role and the facts, for doing so births freedom. ELEMENTS OF CONSPIRACY      The crime of conspiracy is actually composed ..read more
Visit website
U.S. Supreme Court’s Holding In Montgomery V. Louisiana
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
U.S. SUPREME COURT’S HOLDING IN MONTGOMERY V. LOUISIANA GRANTS RETROACTIVE RELIEF TO JUVENILE OFFENDERS SERVING MANDATORY LIFE SENTENCES FOR HOMICIDE OFFENSES On January 25, 2016, the United States Supreme Court handed down a ruling which will give many homicide offenders who were under the age of 18 at the time of their offense, an opportunity for parole, retroactively, although their convictions and sentences have been finalized.  In a majority 6-3 opinion, the court decided Montgomery v. Louisiana, 2016 U.S. LEXIS 862, which comprehensively visited whether the holdings in Miller v. Al ..read more
Visit website
Supreme Court Rules Mandatory Life Sentences for Juvenile Homicide Offenders Unconstitutional
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
SUPREME COURT RULES MANDATORY LIFE SENTENCES FOR JUVENILE HOMICIDE OFFENDERS IS UNCONSTITUTIONAL Prior to June 2012, many states, including Pennsylvania, had laws that required that all persons, including juveniles, convicted of first-degree murder be sentenced to life imprisonment without the possibility of parole. For instance, prior to June 2012, in Pennsylvania, all persons, even juveniles, convicted of first or second-degree murder received an automatic mandatory life sentence without the possibility of parole. On June 25, 2012, in a watershed case, the United States Supreme Court r ..read more
Visit website
Proposed Amendments to Career Offender Guidelines
The Law Office of Roy Galloway, LLC
by otmseo
5y ago
U.S. Sentencing Commission’s 2016 Proposed Amendment To Career Offender Guidelines      For many federal prisoner’s a Career Offender Guideline sentence proves to be a very lengthy sentence premised largely upon the offender’s prior criminal record involving crimes of violence or controlled substances offenses.  But recently, the Career Offender (and Armed Career Criminal) sentencing provisions have come under much scrutiny due to the vagueness of what is known as the “residual clause” of both provisions.  (The “residual clause” is defined as “or otherwise involves conduct that presents ..read more
Visit website

Follow The Law Office of Roy Galloway, LLC on FeedSpot

Continue with Google
Continue with Apple
OR