Serving Delaware County, Chester County & Eastern Pennsylvania

Disorderly Conduct Citation Dismissed by Oxford District Court Judge: The Importance of the “Cooling Off Period” or the “60-90 Day Continuance” in Pennsylvania Preliminary Hearings and Summary District Court Hearings Involving Fights, Assaults, Harassment

Last week, I had a Disorderly conduct citation dismissed by Judge Farmer in Oxford District Court in Chester County. I wanted to write about the strategy used to get this citation thrown out. This same strategy can be applied to Pennsylvania Simple Assault cases at preliminary hearings. The facts are as follows*: my client, a prevalent executive at a marketing firm, was cited for Disorderly conduct stemming from an incident that occurred while he was picking up his daughter from her boyfriend’s house. The short version of the story is that the boyfriend’s father was drunk and shouting obscenities at my client’s wife who was sitting in the car. My client approached the boyfriend’s father, pushed the father, the two shouted obscenities back-and-forth and eventually got the boyfriend’s father in a choke hold before being jumped by other members of the family. The boyfriend’s father and my client were cited for disorderly conduct. I was prepared to take this case to trial based on the premise that my client was defending his wife. Just as you are allowed to defend yourself in a self-defense case, you are allowed to use the same force to defend 3rd parties from harm. My client stated that the boyfriend’s father was pointing at his wife and “going after her.” His daughter and her boyfriend told police that this was not true. The attorney representing the boyfriend’s father approached me in the hallway and we decided to request a cooling off period to have the charges dismissed. I spoke to the Pennsylvania State Police Trooper and he was alright with this disposition to the case. My client was obviously happy that the charge would be dismissed. Rather than going through a trial, my client agreed to this disposition. Read More

Antoine Firm has Theft Charges and Unauthorized Use of a Motor Vehicle Charges Tossed Out by Linwood District Judge

I wanted to write about a preliminary hearing in Linwood, Pennsylvania that was held last week that is worth noting.

A lady from Camden, New Jersey dropped her 1999 Kia Sephia off at a Leonard’s Body Shop in Marcus Hook, Pennsylvania in March of 2010. She paid $1500 to have her car repaired. My client who was the shop owner’s girlfriend, worked the front end of the business. She took the customer’s cash and wrote out a receipt for the$1500. Her boyfriend owned the shop and performed all body work. After she dropped the car off months went by and no work was ever performed on the car. Subsequently, the owner was forced out of the shop and was forced to put the building up for sale. The customer could not locate her car. The police found out that the owner/boyfriend moved the car to his residential garage, never gave the car back and never contacted the customer. The shop owner basically kept the woman’s car and never told her where it was. The Marcus Hook Police charged the boyfriend/owner and my client with Theft by Unlawful Taking, Theft by Deception, Unauthorized Use of a Motor Vehicle and Disorderly Conduct. Read More

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5th Offense DUI in Delaware County – Jury says “Not Guilty”

November 19, 2014

This case was a huge victory for the Antoine law firm. On Thursday night, November 13th after deliberating several hours, the jury returned a not guilty verdict to the charge of Driving Under the Influence. A conviction would have been

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Mandatory Minimum Sentences in Pennsylvania Drug Cases Declared Unconstitutional by the Pennsylvania Superior Court

October 27, 2014

In Pennsylvania there are currently mandatory minimum sentence laws that apply to drug dealing cases. Basically, when a defendant is convicted of selling or dealing drugs certain enhancements can give a defendant mandatory time in jail. For example, if a

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Defendant Acquitted on Tampering with Physical Evidence and Making Material False Written Statements

May 20, 2014

This is a recent pending criminal case in Delaware County, Pennsylvania at the Delaware County Court of Common Pleas. The Defendant was charged with straw purchasing. The Defendant was acquitted on said charges and case resulted in a hung jury.

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