CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

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1 THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never obligated to consent to a police search. Generally speaking, it isn t wise to let the police search your car or home. However, the police may attempt to detain you until they obtain a search warrant. Don t be intimidated. Under certain circumstances, law enforcement may search your car or home without a warrant, but only if they have probable cause to do so. If you believe that your home or car was searched illegally, contact the Law Offices of Scott L. Kramer, Esquire today. QUESTION: What is a guilty plea? Is it ever a good idea? Guilty pleas occur when the prosecution and the defense try to make a deal with each other. For instance, the prosecution might offer the defendant a lesser charge if he/she agrees to plead guilty. Sometimes, negotiating a guilty plea is your best legal option. If the evidence is stacked against your favor, Delaware County criminal defense attorney Scott L. Kramer, Esquire can help you get a reasonable guilty plea. QUESTIONS: Do I really need a lawyer if I m going to plead guilty? Yes. A skilled defense attorney is imperative even if you plan on taking a guilty plea. A lawyer can help you decide if a guilty plea is really your best option. Additionally, your lawyer can help you determine whether or not the prosecution has enough evidence to offer you a guilty plea for a specific offense. Without a lawyer, the prosecution might assume that you are going to plead guilty and offer you an unreasonable bargain. An attorney such as Scott L. Kramer, Esquire can help you negotiate for an agreement.

2 QUESTION: I m innocent. Do I still need a criminal defense lawyer? Yes. It doesn t matter if you actually committed a crime, you are subject to the same fines and penalties as everyone else in the event of a conviction. A defense attorney can fight aggressively to make sure that your rights are protected. If you ve been accused of a serious crime, contact the Law Offices of Scott L. Kramer today. Attorney Kramer has served clients in Delaware, Chester, Montgomery and Philadelphia Counties for many years and is ready to fight for you. Contact the Law Offices of Scott L. Kramer, Esquire today. If you have any questions about how to fight the criminal charges you face, contact a Delaware, Chester, Montgomery and Philadelphia County criminal defense attorney from our firm for the answers you need. Attorney Kramer has focused exclusively on criminal defense for 12 years and is prepared to aggressively defend you from a conviction.

3 PENNSYLVANIA WHITE COLLAR CRIME DEFENSE ATTORNEY A PROACTIVE APPROACH TO WHITE COLLAR CRIME The Law Offices of Scott L. Kramer, a Pennsylvania criminal defense law firm, is dedicated to building strong, aggressive strategies to protect clients facing serious charges of white collar crime. Attorney Scott L. Kramer, Esquire is an aggressive attorney who is also mindful of the business realities that accompany many white collar investigations. My office will work to maintain your business s integrity and ability to operate throughout an investigation, discovery and trial while protecting the client s rights. We represent clients in cases such as: Bank Fraud Corporate Theft Embezzlement Falsification of documents Health care and insurance fraud Identity theft International extradition Mail and wire fraud Money laundering Securities fraud Tax evasion From advising clients on their rights during preliminary investigations and grand jury proceedings through vigorously advocating on their behalf at trial, Scott L. Kramer, Esquire is committed to going above and beyond for his clients. His diligent, personalized approach to defense representation makes him a valuable asset to any client facing white collar charges. Contact An Experienced Pennsylvania Criminal Defense Firm To speak with an experienced Media, Pennsylvania, white collar crime defense lawyer, contact the Law Offices of Scott L. Kramer, Esquire at to arrange an initial consultation.

4 VIOLATION OF PAROLE Pennsylvania law defines parole as conditionally releasing an offender who has served part of his sentence in prison to serve the remainder of his sentence in the community under the supervision of a parole officer. The release is conditioned upon successfully following certain requirement to the parole. An offender who is serving their sentence in prison may become eligible for parole consideration at their minimum sentence date. Every offender in Pennsylvania is given a minimum and maximum sentence date. Parole is not guaranteed for every offender. Upon being granted parole, the offender is required to follow certain requirements to their parole. The courts in Pennsylvania have the authority to parole offenders who were sentenced to less than two years on incarceration. The Pennsylvania Board of Probation and Parole has the authority to parole offenders who were sentenced to incarceration for two years or longer. Violating the terms of parole can lead to serious repercussions, and the court or Pennsylvania Parole Board has the authority to revoke or modify the terms of parole if the terms are not followed exactly as set forth by the court. Parole violations can occur for many reasons, and hiring an attorney to represent your side of the story may help you achieve the most desirable outcome in your particular situation. DELAWARE, CHESTER, MONTGOMERY AND PHILADELPHIA COUNTIES If you are arrested for violating the conditions of your parole, it is important to contact an attorney who is knowledgeable in Pennsylvania s criminal laws. Scott L. Kramer, Esquire will discuss the facts and circumstances of your particular case with you and make every effort to fight the allegations against you. Call today for a consultation about your alleged offense. Parole vs. Probation in Pennsylvania Parole is a conditional release from incarceration to serve the balance of the original sentence under the supervision of a parole officer while in the community. Probation is a sentencing alternative not involving a period of incarceration. The conditions are typically the same and both are usually penalized the same for violations. Penalties for Violating Parole in Pennsylvania According to 61 Pa. Cons. Stat. 6138, an individual who violates any terms of their parole or who commits a new offense while on parole can receive significant penalties, including requirements to serve the maximum sentence for their original offenses.

5 If an individual is a technical parole violator, they may be penalized with additional restraints on their freedom, sent to a treatment program, or committed to prison, depending on how severe the violation was. If an individual is a convicted parole violator, they are returned to prison and will be required to serve any time remaining on their sentence, which they could have been sentenced to, and they will not be given any credit for time spent on parole

6 ASSET FORFEITURE ATTORNEY IN DELAWARE, CHESTER, MONTGOMERY AND PHILADELHIA COUNTIES. Pennsylvania authorities have plenty of power to enforce the law: They can arrest alleged offenders, put them on trial and punish them by putting them in jail or prison, among other penalties. But prosecutors and police in this state have another powerful tool, one they like to use. It s called asset forfeiture, and it allows the state to take your property, your car, your money, even your home without ever convicting you of a crime. If you are facing asset forfeiture, it is essential that you obtain experienced representation now, as deadlines for responding are short, seized money and property is disposed of quickly, and the system is designed to heavily favor the Commonwealth. If you are facing asset forfeiture in the Southeastern Pennsylvania area, call Scott L. Kramer, Esquire, an experienced asset forfeiture defense attorney in Southeastern Pennsylvania. Call today. It is important to start working on your defense right away. When Asset forfeiture is Applied in Southeastern Pennsylvania Most Pennsylvania asset forfeitures are civil rather than criminal in nature. The most commonly used civil asset forfeiture law applies to people with alleged ties to the drug trade. This can include the substances themselves, paraphernalia, material and equipment used to make drugs, containers, research materials, any vehicles used to transport drugs, and money, guns or any other property with a connection to drug trafficking. Property or money with a link to terrorism or human trafficking crimes can also be seized in civil court. In some cases, vehicles used to dump trash illegally can be forfeited, as can electronic recording devised used to illegally copy music. Criminal forfeiture is also common, though it is much easier for prosecutors to succeed in a civil forfeiture than in a criminal forfeiture. Asset Forfeiture and the Burden of Proof in Southeastern Pennsylvania Pennsylvania s asset forfeiture laws are unfortunately some of the most permissive in the nation, which makes it very difficult for those who have lost their property to reclaim it, even more difficult that it would be to successfully fight criminal charges in court. Within 30 days of receiving notice of asset forfeiture by police, the property owner must file a petition seeking to get the property back. If she fails, the property will be sold at auction and the proceeds spent. Once a petition is filed, prosecutors bear the initial burden of producing evidence that the seized property is in some way liked to an alleged crime that calls for forfeiture, but that is all they must establish, not that the property owner committed a crime or that the property was used in a crime. And prosecutors only have to establish this often tenuous link by a preponderance of the evidence (more than half), not beyond a reasonable doubt as required in criminal court. After they have done so, property owners bear the burden of proving they obtained the property lawfully and did not use it unlawfully.

7 Criminal Asset Forfeiture in Southeastern Pennsylvania Unlike civil forfeiture, criminal asset forfeiture requires that a property owner be convicted of the underlying crime. For example, some drivers convicted of DUI in Pennsylvania lose their cars. Whatever the type of asset forfeiture, seizure of private property by law enforcement is extremely onerous to property owners. In a flagrant end run around civil rights, civil asset forfeiture is sometimes used to punish suspected criminals when prosecutors know that don t have enough evidence to convict in court. Since the assets seized usually go back into the coffers of law enforcement and prosecutorial agencies, there is strong incentive for them to seize private assets whenever possible. If you or a loved one are in the Southeastern Pennsylvania area and are facing asset forfeiture, call Scott L. Kramer, Esquire, and experienced asset forfeiture defense attorney in Southeastern Pennsylvania. He can help you build the defense you need today.

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