Commonwealth v. EP, 2023 (Delaware County) EP was the driver and sole occupant of a truck when he was pulled over by the police. Looking for the owner of the car, who had an open warrant, police immediately saw a drug pipe in plain view. They removed EP from the car and, after questioning him, found a large box containing a significant amount of meth. EP was charged with drug offenses that could put him in state prison for many years. We filed a detailed motion to suppress the evidence and, after a contested hearing, were successful in having the drugs suppressed as a result of an illegal search.
Commonwealth v. AE, 2024 (Montgomery County) AE was asleep in bed in his girlfriend’s apartment when members of the State Police narcotics squad came in with a warrant. In the room in which he slept, was a firearm on the nightstand. Having a criminal record, AE was charged with Felon Not to Possess a Firearm. After a contested hearing, the Court dismissed the firearms charges.
Commonwealth v. JB, 1998 (Philadelphia County) In 1998, JB was convicted of Aggravated Assault and weapons offenses for shooting at three (3) police officers. At sentencing, JB was given 47.5 to 95 years in prison. As a man in his early twenties, he was facing an effective life sentence. In 2000, his case was sent back on a technical violation in how the sentence was imposed. The trial court simply changed his sentence to 45-90 years. JB tried, unsuccessfully, for decades to get his sentence overturned. No matter what he did, the courts denied him relief.
By the time that he had contacted our office, JB had served nearly 25 years in jail. We did a deep dive into the procedures followed on his resentencing and filed a PCRA petition alleging that he was entitled to a new sentencing. Ultimately, the Court agreed and sentenced JB to 10-20 years plus probation. As a result of the amount of time he spent in jail, JB was released. JB, who before he hired us, was facing the rest of his life behind bars, got another chance to be a free man.
In re: MK MK was a medical student at a Pennsylvania medical school. Based upon hearsay relayed to a professor, MK was chastised about his purported conduct. When MK reached out to inquire of the professor whether the professor would count the allegation against him, MK was sanctioned, failed in the class, and placed on probation. Our firm, along with another Philadelphia firm, demanded that the medical school rescind the failing grade and probation. The school agreed and cleared MK’s scholastic record.
Commonwealth v. LR, 2023 (Philadelphia County) After receiving a report of shots fired, Philadelphia Police responded to the parking lot of an AutoZone. Once there, they reconnoitered the area and found no evidence of a shooting. However, after speaking with a purported eyewitness, they arrested LR for Violations of the Uniform Firearms Act. Through our investigation, not only did we uncover a number of eyewitnesses but we found out that the police were in possession of a video tape of the incident that was never turned over to either the prosecutor or LR. During cross examination, the assigned detective admitted it was outrageous that police reviewed video evidence and wouldn’t preserve the same. In the middle of the cross examination, the prosecutor withdrew all charges.
In re: CC CC was a local Philadelphia area college student. CC met another college student, from a different local Philadelphia college, on an online dating app. After trading a number of sexually explicit messages, the two agreed to meet. CC went to the other student’s apartment, entered the other student’s bedroom, and engaged in consensual sexual relations. When the relations were completed, awkwardness ensued. A few days later, CC was contacted by the college police of the other student’s school. The police advised that CC was being accused of sexual assault. CC voluntarily surrendered his phone to law enforcement. Unfortunately, the college and state police were unable to recover the relevant evidence from CC’s phone. CC then hired our office.
Along with our team of experts, we did a deep dive into CC’s phone. We were able to recover the relevant texts. We also interviewed a number of important witnesses. We put together a package of evidence to show that the other student was not being candid about what had actually occurred. After our presentation, the county prosecutor declined to file charges.
Commonwealth v. DR, 2024 (Philadelphia County) DR was a passenger in a vehicle with two (2) other males. Police pulled the car over and, allegedly, saw a firearm in plain view in the rear of the vehicle. Police charged DR and the driver with Violations of the Uniform Firearms Act. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. JJ, 2024 (Philadelphia County) JJ was charged with Violations of the Uniform Firearms and other weapons related offenses. The Commonwealth had video that showed, purportedly, JJ in possession of a firearm at his neighbor’s house. We were able to prove that the weapon seen in the video was not in fact an operable firearm. As a result, all of the charges were withdrawn.
Commonwealth v. TF, 2023 (Philadelphia County) TF, on parole for Murder, was pulled over by police for a minor traffic infraction. Upon inspection, police found a firearm on the passenger. Despite having committed no crime, TF was searched, handcuffed, and placed in custody. As he was being held, police conducted a full search of the vehicle, including, breaking open the area below the center console where they found a gun. TF was then arrested for Violations of the Uniform Firearms Act. If convicted, TF would go to jail for decades. We drafted and filed a detailed motion to suppress the fruits of the illegal search. When reviewed by the prosecutor, they agreed that the search was unconstitutional. The matter was then withdrawn.
Commonwealth v. MD, 2024 (Philadelphia County) MD was charged with Attempted Rape, Simple Assault, and Violation of a PFA for allegedly striking his girlfriend, throwing her on a bed, and pulling down her pants while he fiddled with his waist area. The complaining witness testified that MD was trying to rape her. After our cross examination at the preliminary hearing, the Attempted Rape charge was dismissed.
Commonwealth v. DT, 2024 (Philadelphia County) DT, an African American male, was walking down a Philadelphia street at night when a dark car stopped at stop sign. The car had tinted windows. Rather than drive away, the car waited at the stop sign. DT, looked in the direction of the car, turned around, and went up to a home where he knocked on the door. When the door wasn’t answered, DT continued walking down the street. The unmarked car pulled up on DT whereupon a police officer jumped out of the car and ordered DT to approach. DT ran. During the chase, a gun fell from DT’s pants. DT was later arrested and found with drugs. We filed a Motion to Suppress challenging the constitutionality of stopping a man for doing nothing more than walking down the street. After contested litigation, the trial court grant our motion and found that the stop was illegal.
Commonwealth v. MY, 2024 (Philadelphia County) In 1973 MY was arrested for a felony murder. He, along with another man, were accused of holding up a local bar. After his co-defendant shot a man with a shotgun, MY hoped over the bar and raided the register. The evidence against MY was thin: an inculpatory statement and the identification of a barmaid. But this was 1974 when Justice for people from the inner city was not always just. MY’s first trial ended in a hung jury. However, at his second trial, he was convicted and sentenced to life without parole. There he remained for 5 decades.
In 2021, MY hired our office to help him. The identification of MY was horribly tainted. There was a photo array that consisted of 6 photographs of potential suspects, 4 of which were actually pictures of MY. The only other evidence was the statement that MY always submitted was coerced. We filed a PCRA and got to work trying to vindicate MY. After many months, we convinced the District Attorney to vacate the conviction and allow MY to plead guilty to a sentence that would have him immediately released. After 50 years in custody, we secured his release.
State v. EM, 2024 (Cape May County) EM was allegedly found by police officers inside of an industrial complex. According to law enforcement, not only was he trying to take items from the location but he was also in possession of a significant amount of narcotics. The prosecutor sought a 5 year state prison sentence. After protracted litigation, we were able to convince the Court to allow him to enter a diversionary drug program.
Commonwealth v. NJ, 2023 (Philadelphia County) NJ was charged with Violations of the Uniform Firearms Act, Possession with Intent to Deliver a Controlled Substance and related offenses. He was arrested in a narcotics sting that netted a significant amount of cocaine, marijuana, and weapons. If convicted, he was facing a stiff state sentence. After a contested motion to quash, we were successful in having all of the felonies dismissed. NJ entered a plea to a small amount of marijuana for no further penalty.
Commonwealth v. AJ, 2023 (York County) Evidence showed that four (4) men shot the decedent outside of his home forty-three (43) times, killing him. Over one hundred shots were fired. The Commonwealth, using CSLI technology, video evidence, and a car’s infotainment system charged AJ as one of the shooters. After cross examining the detective at a preliminary hearing, we filed a motion alleging that the Commonwealth’s evidence was mere speculation and conjecture. The Court agreed and dismissed all charges.
Commonwealth v. DB, 2023 (Philadelphia County) DB was driving with a ten year old boy in the front seat when he was pulled over by police. Once removed from the vehicle, police allege that they found narcotics on his person. A search of the vehicle revealed a firearm. After a contested preliminary hearing, the firearm charges were dismissed. The matter was remanded for trial where we litigated and won a motion to suppress thereby ending the case.
Commonwealth v. DB, 2019 (Philadelphia County) DB was on probation for gun possession and was arrested on a new case for allegedly possessing another firearm. Upon his arrest, as the new arrest is a violation of his probation, a probation detainer was lodged. Over the Commonwealth’s strenuous objection, we were able to convince the supervising judge to lift his detainer and release him pending the disposition of his open matter.
Commonwealth v. KP, 2023 (Philadelphia County) KP was pulled over while driving a car. He was the sole occupant of the vehicle. Police took him out of the car, searched him, and then searched the car. Under the driver’s seat, they found a firearm. KB was arrested and charged with violations of the Uniform Firearm’s Act. After a contested preliminary hearing, all of the charges were dropped.
Commonwealth v. TB, 2023 (Philadelphia County) TB was called into his parole agent’s office wherein the agent arrested and questioned him. Upon finding his car keys, the agent went and searched the vehicle he drove to the office. Inside the car, the agent found two (2) guns secreted in a shoebox. TB was charged with violations of the Uniform Firearms Act. After a contested preliminary hearing, all charges were dismissed.
Commonwealth v. KH, 2021 (Philadelphia County) KH was charged with murder. The facts were crystal clear as the entire incident was captured on a number of different video cameras. KH shot the decedent, who was unarmed, twice in the head and once in the chest from approximately four (4) feet away. The Commonwealth sought a conviction of First Degree Murder which would carry a mandatory life sentence. We engaged the services of a forensic psychologist who opined that KH suffered from PTSD. We were then successful in arguing that KH engaged in an, albeit imperfect, act of self-defense. The Court agreed with us and only convicted KH of Voluntary Manslaughter and weapons offenses.
Commonwealth v. DT, 2022 (Montgomery County) This case could be Exhibit A in a presentation of how our law firm provides services and skills that very few lawyers can match. DT, a civilian employee of the Navy and member of a Southern Baptist church congregation was arrested while in Armenia for a course of conduct sexual assault – including sodomy and oral sex – of his minor son and daughter. The allegations spanned four (4) years and multiple jurisdictions, including: Maryland, Pennsylvania, and Armenia. The Commonwealth also alleged that DT tried to flee Armenia by setting up a secret bank account that showed his consciousness of guilt. DT was facing a 30-60 year sentence. We left no stone unturned. We unearthed multiple witnesses to attest that DT was being set up by an arrogant, abusive pastor running the equivalent of a cult. Through our investigation we uncovered that the purported secret bank account was actually opened by one of the cult’s pastors in DT’s name. Our tech team dug through millions of data points and found two (2) months’ worth of text messages that showed that the child’s mother and pastor were lying about what transpired. After what was described by the Court as a masterful cross examination of the mother and pastor, the case against DT was decimated. The morning after, the Commonwealth – in the middle of trial – withdrew all charges because of what we exposed on cross examination. Anyone who has practiced criminal law in Montgomery County could attest to the fact that a prosecutor dismissing all charges in the middle of a jury trial is something that simply does not happen. Yet as a result of our hard work and ability, justice prevailed.
State v. NC, (Camden County) NC was driving a rental car through Haddon Heights, NJ. A police sergeant pulled his vehicle over and began an interrogation and investigation that culminated in a dog sniff. When the dog alerted, the sergeant and his colleagues searched the car and found: $14,000.00, a gun, drug paraphernalia, and stolen credit cards. The State wanted NC to go to state prison for 5 years. We engaged in exhaustive research and authored a well sourced motion to suppress. After a hotly contested hearing, the trial court agreed that law enforcement’s actions were in violation of the constitution and granted our suppression.
In re XX, Title IX Hearing, (Local Philadelphia College) XX, a local college student and Division I athlete was accused of sexual assault, rape, and sodomy by a fellow college student. The complainant claimed that XX forced her to perform oral sex and then vaginally and anally raped her. The complainant claimed XX threatened her and choked her. In the patently unfair world of Title IX litigation, such an allegation is normally a career-ender. XX was suspended from campus, faced expulsion from school, and would suffer the permanent stain of the action on his record. In the unjust world of Title IX hearings, the odds are thoroughly stacked against male respondents. But a loss would mean that XX’s ability to receive a college degree – and enjoy a career in his chosen field – would be a near impossibility. We didn’t let the odds or unfairness of the school’s procedures deter our efforts. We engaged in exhaustive investigation and preparation. After a full hearing, XX was found not responsible and reinstated with full school privileges.
Commonwealth v. VP, 2022 (Philadelphia County) VP was charged with Aggravated Assault and related charges for purportedly punching and kicking her mother. Our office investigated, prepared witnesses, and litigated motions. After trial, VP was found Not Guilty.
Commonwealth v. TE, 2023 (Philadelphia County) TE was charged with multiple counts of harassment for an alleged ongoing dispute with his neighbor. Initially, we litigated a motion and were successful in having audio recordings suppressed for violations of the Wiretap Act. After trial, TE was found not guilty of all charges.
Commonwealth v. MT, 2022 (Philadelphia County) MT was charged with a Robbery of the First Degree for an alleged gunpoint robbery that occurred after a meeting at the Live Casino. Despite the complainant’s testimony and video evidence, after trial, MT was found Not Guilty of all charges.
Commonwealth v. EL, 2023 (Philadelphia County) EL was charged with Murder, VUFA and, under a separate transcript, Aggravated Assault for the shooting death of the decedent and for grazing the eyewitness. Detectives built a case based on the eyewitness identification, video, a statement given by EL, and ballistic evidence. After bruising cross examination, the Commonwealth’s case was destroyed and EL found Not Guilty of all charges.
Commonwealth v. TM, 2022 (Delaware County) TM was charged with violations of the Wiretap Act for putting a tracking device on his paramours car. We were successful in filing a Motion to Quash and all of the felony charges were dismissed.
Commonwealth v. AH, 2023 (Philadelphia County) AH was chased by the police. During the chase, the police purportedly saw furtive movements. After AH was arrested, the police went back to the alley and found a firearm. AH was charged with VUFA. After a contested preliminary hearing, all charges were dismissed.
Commonwealth v. NW, 2022 (Philadelphia County) NW, a young black male, was accused of pulling a gun on a white road worker. NW was charged with simple assault and weapons offenses. The case was eventually dismissed because the witness failed to appear at trial. While we normally wouldn’t post a case that was dismissed when a witness failed to appear, it is a good example of what we do.
Initially, after speaking with NW, we sent out investigators to scout for cameras. We found cameras on a building directly across from where the incident occurred. Getting the owners was tough but we did and served a subpoena on them for the video. Unfortunately, they provided the video from the proper cameras but they made a mistake on the times; they preserved video 45 minutes short of when the incident happened. By the time they realized their mistake, the system overwrote the needed footage. We stayed on them and had them subpoenaed to come in to court to testify about their mistake and that the police never sought a copy of the video of the incident.
We also diligently went through all of the police provided video. In so doing, we were able to find evidence that the road worker was lying about a number of his allegations. Finally, we prepared NW to testify in court. While the matter was ultimately dismissed, had we been forced to go to trial, we would have been ready to vindicate NW.
Commonwealth v. RD, 2022 (Philadelphia County) RD and his wife were charged with Aggravated Assault for purportedly viciously attacking a man in his home. After trial, RD was found Not Guilty of all charges.
Commonwealth v. MA, 2022 (Philadelphia County) MA was charged with Aggravated Assault and weapons offenses for pulling out a gun and then shooting at an off duty police officer. After a contested preliminary hearing, all of the felony assault charges were dismissed.
Commonwealth v. JPV, 2021 (Philadelphia County) Federal agents, based upon information of narcotics activity, conducted a surveillance of a Philadelphia residence. They saw a male leave with a large package. They followed the male and watched a transaction. Agents followed the buyer from the transaction and recovered a kilo of heroin. Using the recovery as probable cause, the agents got a warrant for the residence. Upon entry into the residence, they allegedly found JPV in the basement with three other males and over 3 kilos of heroin and fentanyl and a large scale drug packaging production line. JPV was charged with Possession with Intent to Deliver and Conspiracy. After trial, JPV was found not guilty of all charges.
Commonwealth v. ES, 2022 (Philadelphia County) ES was on parole on a house arrest monitor for a narcotics felony. Law enforcement monitored what was allegedly his Instagram account and, while he was on house arrest, saw a photograph that purportedly showed ES holding a firearm. Law enforcement suggested that they saw an ankle monitor in the Instagram posted photo. Upon serving a search warrant, they purportedly found a similar looking firearm in the closet of his bedroom. As a result, they charged him with firearms offenses. After a hotly contested preliminary hearing, the charges were dismissed for lack of evidence.
In re JR, 2022 (Philadelphia County) Agents of the Attorney General were conducting an investigation of a gang run by a federal inmate. Their investigation led them to a juvenile who was posting guns on Instagram. The investigators tracked down the juvenile while he was live-streaming with firearms in a car. When agents tracked down the car, JR was in the vehicle. As he was approached by police, JR discarded a handgun that had been altered to fire in a fully automatic mode. Investigators found a gun on the other juvenile and marijuana and scales in the car. JR was charged with Possession with Intent to Deliver, Conspiracy, and weapons offenses. We were able to convince the prosecutor to withdraw all of the offenses except the Violations of the Uniform Firearm’s Act. Over the Commonwealth’s objections, we convinced the judge to defer adjudicating JR.
Commonwealth v. BH, 2022 (Philadelphia County) BH was purportedly found in a car with a large sum of money, a bag with approximately one pound of marijuana, drug paraphernalia, and a gun in the center console. He was charged with drug and gun violations. After a contested preliminary hearing, all of the firearms charges were dismissed.
Commonwealth v. RH, 2022 (Philadelphia County) RH was charged with striking a person with his car, injuring the person, and then leaving the scene. Video evidence was recovered. RH, without a lawyer, gave a statement to the police. RH was then charged with felony leaving the scene of an accident. After extensive investigation and production of mitigation, we were able to convince the District Attorney to dismiss the charges.
Commonwealth v. JN, 2022 (Philadelphia County) JN was charged with assault on a police officer at a local hotel. After finding exculpatory surveillance footage and providing the prosecutor with mitigating evidence, the District Attorney withdrew the charges.
Commonwealth v. JJ, 2022 (Philadelphia County) JJ was arrested after federal task force officers searched his home and car wherein they found a large amount of crack cocaine, marijuana, and a loaded firearm. After a contested motion to suppress, the court ruled that the search warrant affidavit was not credible and the search illegal.
Commonwealth v. AP, 2022 (Philadelphia County) AP was charged with assault and conspiracy for his role in a bar fight. After a brutal cross examination, AP was exonerated and found Not Guilty.
Commonwealth v. EH, 2022 (Philadelphia County) EH was charged with Possession with Intent to Deliver and Violations of the Uniform Firearms Act. After a contested preliminary hearing, all of the weapon charges were dismissed and his bail lowered.
Commonwealth v. LB, 2022 (Philadelphia County) LB was arrested in a vehicle with an AR-15 pistol and charged with multiple violations of the Uniform Firearms Act. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. AP, 2022 (Philadelphia County) AP was charged with Aggravated Assault, Robbery, Conspiracy and related charges. The allegations were that during a bar fight, AP and others savagely beat the victim, breaking his arm and nose and then stealing his watch and wallet. After a vicious cross examination, all of the felonies were dismissed.
Commonwealth v. SS, 2022 (Philadelphia County) SS was charged with assault and firearms charges. The allegation was that, while driving, she displayed a firearm and pointed it at the complainant during an alleged road rage incident. After a trial, she was found not guilty.
US v. JAR, 2022 (MDPA) Over the Government’s objection we were successful in convincing the Court to award JAR a 30-month variance.
Commonwealth v. DR, 2021 (Philadelphia County) DR was on State Parole. On a home visit, his parole agent saw a pile of money and what he said were counterfeit money pens. State Parole also came into possession of recorded phone calls of DR talking about drugs and guns. As a result, they did an investigative action and searched the home. They found a gun and then got a search warrant. They then found two (2) more guns. After finding all of the guns, DR gave a statement admitting that the guns were his. After a number of vicious cross examinations, the trial court found that the search of DR’s home was illegal and suppressed all of the evidence. Had DR lost the case he would have received a sentence of ten (10) years plus a significant sentence for the parole violation.
Commonwealth v. MSA, 2019 (Philadelphia County) Philadelphia police officers served a search warrant in a home. In a bedroom, they found multiple pieces of MSA’s identification and mail in his name. In the room, they also found a firearm with an obliterated serial number and a significant amount of drugs. He was charged with Possession with Intent to Deliver and Possession of an Instrument of Crime. After trial, he was found not guilty.
Commonwealth v. ATF, 2022 (Philadelphia County) ATF was charged with Possession with Intent to Deliver and Conspiracy. Undercover police officers testified that they viewed ATF making hand-to-hand transactions and working with another person on a drug corner. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. KA, 2021 (Philadelphia County) KA was in a vehicle with two other black males when he was stopped by police. The officers recovered narcotics from one of the passengers and, after searching KA, found a firearm. A struggle ensued and KA was arrested for a multitude of charges including violations of the Uniform Firearms Act and assault. We litigated a motion to suppress. After a hearing, the motion was granted and the case dismissed.
Commonwealth v. JS, 2020 (Philadelphia County) JS was in a heap of trouble. She was on probation for a number of cases and picked up a drug dealing case. The judge lifted her detainer and allowed her to return to the street. Once free, she was arrested for Burglary and a separate assault and felon with a gun case. We were successful in having the Burglary charge dismissed but with DNA evidence, there was no way to prevail on the remaining charges. After a plea, her sentencing guidelines called for a sentence in the range of 84-102 months. After our sentencing presentation, the Court gave JS a sentence of 11 1/2 to 23 months plus 8 years of probation.
Commonwealth v. MK, 2021 (Philadelphia County) MK was stopped by police officers for alleged traffic infractions. Once stopped, the officers realized that he was wanted on outstanding warrants. The officers then searched his car and found a firearm. We researched the issue and filed a motion to suppress the firearm as the result of an illegal search. The prosecutor agreed with our motion and withdrew the case.
Commonwealth v. NB, 2021 (Philadelphia County) NB was driving the wrong way on I-76. She struck two vehicles head on and severely injured a woman and her unborn child. A blood test revealed that NB was high on a cocktail of drugs. Michael Diamondstein was brought on board by a Montgomery County criminal attorney to handle the guilty plea and sentencing. The prosecutor sought a sentence of 6-12 years. Mr. Diamondstein was successful in securing a 3-6 year sentence that included NB’s admission into a drug treatment program that would make her eligible for release in a few months.
U.S. v. WT, 2020 (EDPA) WT was the adviser to a princess in a European country. After he left the country, child pornography was found on a computer to which he had access. The files showed that personal documents belonging to him were found with the pornography. He was charged with possessing child pornography with the intent to bring it into the U.S., transporting child pornography, and attempted possession of child pornography. We conducted an extensive international investigation. We then provided the Government with a forensic investigation of the pornography and filed a motion to dismiss and motion to suppress which included over 100 pages of substantive issues and over 150 pages of exhibits. Within days of the motion’s filing, the Government received the motion, they agreed to drop the two (2) lead counts and allowed WT to plead to the minor count with a mitigated guideline range.
Commonwealth v. JB, 2021 (Philadelphia County) JB was charged with felony Violations of the Uniform Firearms Act. Officers saw him, approached and then heard a metallic sound. They found a firearm and JB admitted that the firearm was his. We were able to convince a judge that the felonies should be dismissed. When the matter was remanded for trial, we were successful in litigating a motion to dismiss. All of the charges were dismissed.
Commonwealth v. CR, 2021 (PA Superior Court) CR was sentenced for an insurance fraud conviction after another lawyer lost her trial. The trial judge did not indicate whether or not CR was eligible for reentry. Without an Order indicating that CR was reentry eligible, she could not receive parole to house arrest. The Office of Attorney General opposed our position. We took the issue up on appeal and the Superior reversed the trial judge and remanded the case for a new sentencing hearing.
Commonwealth v. TM, 1990 (Philadelphia) In 1990 TM was convicted of Murder and related charges. We were able to negotiate a plea that led to his immediate release after spending 32 years in jail.
Commonwealth v. JW, 2015 (Delaware County) JW was charged with multiple counts of Simple Assault and related charges for an interaction with store employees. JW had moved out of Pennsylvania and warrants had been issued for her arrest for failing to appear for her case. We were able to convince the prosecutor’s that JW didn’t deserve to be prosecuted and, without her returning to PA, the Commonwealth withdrew all charges.
Commonwealth v. DH, 2020 (Philadelphia County) DH and two other men were charged with Murder for the shooting death of another man. Despite DH’s claims that he was innocent, the prosecutor moved forward on the murder charges. After an extensive investigation, we were able to show the District Attorney that DH was innocent of all charges. They agreed and withdrew the case.
Commonwealth v. CC, 2019 (Philadelphia County) CC was charged with Third Degree Murder and Conspiracy. We were able to convince the prosecutor to withdraw the murder charge and allow CC to plead guilty to Aggravated Assault and Conspiracy.
Commonwealth v. GS, 2021 (Monroe County) GS was charged with a course of conduct of Rape of a Child and other sexual offenses for actions allegedly inflicted upon his stepdaughter. The allegations spanned four years. After a jury trial, GS was acquitted of all of the sexual allegations.
Commonwealth v. DM, 2021 (Philadelphia County) DM was charged Aggravated Assault, Conspiracy and related charges for orchestrating a large fight and then slashing the complainant with a knife. The wound require hospitalization and left a nasty scar. After trial, DM was found not guilty of all charges.
Commonwealth v. DW, 2021 (Philadelphia County) DW was pulled over by Philadelphia Police officers for a broken tail light. The officers indicated that, because of DW’s behavior, he was removed from the vehicle and the vehicle “frisked”. During the frisk, a firearm was recovered from the center console. We filed a motion to suppress the firearm. After a contested motion, the Court ruled that the officer was incredible, unworthy of belief and that he searched the car because DW was African American. ****Side note: after the case was completed, the judge’s law clerk came up to Mr. Diamondstein and told him that his presentation was the most awesome thing she has seen as a lawyer.
Commonwealth v. WS, 2021 (Philadelphia County) WS was pulled over by Philadelphia Police while driving on Broad Street. The police purported that WS’ behavior caused them to believe that they needed to search WS and his car. As a result of the search, they found a firearm and drugs and charged WS with drug and weapons offenses. After a hard fought motion to suppress, the Court ruled that the officer’s testimony was not credible and the matter was dismissed.
S v. L, 2020 (Eastern District of Pennsylvania) This case cannot be described in a few paragraphs. However, what happened to S was an abomination and the work that we did was recognized internationally. In 1984, S was convicted for murder based on the testimony of FL. After being convicted, S tried in vain to overturn his conviction. For decades he sought relief in the local, appellate and federal courts. Each and everyone of his petitions was smacked down. In 2015 S hired my office. For over six (6) years we worked tirelessly to exonerate him. After being rebuffed by the state courts we filed a federal habeas petition. At a hearing in federal court on November 9th, 2021, we produced witnesses and evidence. There was nary a dry eye in the courtroom. Six days later, on November 15th, 2021, the District Attorney’s Office agreed with our position that relief was due. On December 30th, 2021, the Honorable Timothy J. Savage signed an Order vacating S’s conviction. On Tuesday, January 4th, after spending nearly 38 years in prison for a murder that he didn’t commit, S walked out a free man. The AP article can be viewed at: https://apnews.com/article/business-philadelphia-0f7a11db87d71a64f4acf07046b9e8be.
Commonwealth v. DC and Commonwealth v. DA, 2021 (Philadelphia County) DC and DA, a married couple, were charged with Burglary, Conspiracy and related charges. The allegation was that they were trying to access their family member’s home without permission. Upon being hired, we started an investigation into the complainant. The investigation revealed that the complainant had a will signed while carrying for the family member in end of life care. Further investigation revealed that the complainant emptied the complaint’s bank accounts and was a witness in a lawsuit against the insurance company of the family member’s insurance company where the complainant’s friend was the plaintiff. The information was provided to the District Attorney’s Office and they withdrew prosecution.
State v. RC, 2020 (Evesham Township, NJ) RC was charged with Assault for attacking a 78 year old woman at a children’s lacrosse game. After trial, RC was found not guilty.
Commonwealth v. OD, 2021 (Philadelphia County) OD, a juvenile lifer recently released on parole, was arrested in a home with nine (9) pounds of marijuana and a firearm. If convicted, OD would be relegated to state prison for the rest of his life. We investigated the case and produced a witness and lab reports that convinced the prosecutor that OD was not responsible for the contraband or firearm. The Commonwealth than withdrew prosecution.
Commonwealth v. AP, 2020 (Philadelphia County) AP was charged with Aggravated Assault, Reckless Endangerment and weapons offenses. The allegations were that he indiscriminately fired a handgun at passing vehicle. At the preliminary hearing, all of the charges, with the exception of Reckless Endangerment, were dismissed. At trial, AP raised a self defense claim and was found not guilty.
Commonwealth v. AA, 2021 (Philadelphia County) AA was initially charged with Aggravated Assault and weapons offenses for a shooting that was entirely captured on video. At the preliminary hearing, we were able to have the Assault charges dismissed. However, AA was still left with firearms offenses and Reckless Endangerment. At trial, we challenged the competence and credibility of the detectives and the identification off of the video. The verdict was not guilty.
Commonwealth v. LB, 2021 (Delaware County) LB was charged with assault and weapons charges. When the complainant failed to appear at the preliminary hearing, the prosecutor moved forward with a law enforcement witnesses. After a contested preliminary hearing, the Court agreed that the Commonwealth could not make out the charges and the case discharged for lack of evidence.
Commonwealth v. CA, 2021 (Philadelphia County) CA was in a bar when a shooting broke out, a man was killed and a woman was shot. CA grabbed the woman, put her in his car and drove her to the hospital. Once at the hospital, Philadelphia Police seized his car and served a warrant on it. Inside the car a firearm was found. A Municipal Court judge held the matter for trial. We filed a detailed Motion to Quash. After a hearing, the case was dismissed.
Commonwealth v. NB, 2021 (Philadelphia County) NB was arrested by Philadelphia Police after a firearm was recovered in his vehicle. At the preliminary hearing, the officer offered that NB ran and fought with the officers before his car was searched. We recovered video evidence that showed that the police were lying about the circumstances of the stop. After lobbying the prosecutor, they withdrew prosecution.
Commonwealth v. EB, 2016 (Philadelphia County) EB was sentenced to six (6) years of probation for an assault. For immigration purposes, he needed to be off of supervision. However, he had only completed two (2) years of probation. We filed a petition seeking early termination. After a hearing, the motion was granted.
Commonwealth v. AS, 2021 (Philadelphia County) AS was riding a motorcycle when he was hit by a car. Both he and his passenger were taken to the hospital in critical condition. While at the hospital, a gun was purportedly found in AS’ clothes. He was subsequently charged as a felon not to possess a firearm. After the matter was held for court, we filed a detailed motion to quash. After a hearing and the matter being held under advisement, the prosecutor agreed that we were correct and withdrew the charges.
U.S v. FM, (EDPA) FM was arrested in Montgomery County for facilitating a large scale drug organization. The case was adopted by the Federal Government. FM pled guilty and was sentenced to 5 years of probation.
Commonwealth v. WS, 2021 (Philadelphia County) WS was pulled over while driving in Philadelphia. The police claimed that they saw and smelled marijuana. As a result, they searched the car and a bag on the backseat. Inside the bag they found a gun. WS was arrested and questioned by the police. He was later charged with VUFA and Possession of a Controlled Substance. We filed a Motion to Suppress alleging that the search and questioning of WS were illegal. After reviewing our motion, the Commonwealth agreed and withdrew prosecution.
Commonwealth v. IC, 2015 (Philadelphia County) After prevailing on two of IC’s case, we appeared at a violation of probation hearing. Both the prosecutor and probation officer wanted IC held in custody pending a full violation hearing. After argument, the Court agreed to lift IC’s detainer and release him.
Commonwealth v. YH, 2021 (Philadelphia County) Members of the Philadelphia Narcotics Unit did a surveillance of a home in Philadelphia. They allegedly observed YH and another male making 10-15 drug sales. They then served a search warrant on a car and home and found a gun and drugs. After a contested preliminary hearing, all of the charges were dismissed for lack of evidence.
Commonwealth v. JB, 2021 (Philadelphia County) Philadelphia Police Officers alleged that they saw JB on the streets with a gun secreted on his person. As a result, he was charged with 6106 as a F3 and 6108 as a M1. After a contested preliminary hearing, we were able to convince the Court that the Commonwealth could not prove that the gun was concealed. The Court then dismissed the felony charges.
Commonwealth v. DB, 2017 (Montgomery County) DB was on probation for a number of Montgomery County cases. DB was then arrested in Delaware for drug and weapons offenses. As a result, a probation detainer was lodged on DB. On or motion and over the objections of the prosecutor and probation officers, we were able to have DB released pending her open Delaware matter.
Commonwealth v. ZSZ, 2021 (Bucks County) ZSZ was pulled over on I-95 by a State Trooper. The Trooper detained ZSZ and found 80lbs of marijuana. ZSZ was charged with Possession with Intent to Deliver, Possession of a Controlled Substance and Possession of Drug Paraphernalia. Our office filed a Motion to Suppress based upon what we believed was an illegal stop. As a result, the District Attorney withdrew all charges and let ZSZ plead guilty to a summary offense.
Commonwealth v. NS, 2021 (Montgomery County) NS was pulled over while driving his car by PA State Trooper. The Trooper found a firearm and drug paraphernalia in the car. NS, a person not to possess a firearm, was charged with the gun and a drug grinder. After a contested hearing, all of the charges were dismissed.
Commonwealth v. TP, 2021 (Philadelphia County) TP was arrested in bed with a handgun under the pillow. He is a person not to possess a firearm and was charged with VUFA 6105. After a contested preliminary hearing, all of the charges were dismissed for lack of evidence.
Commonwealth v. VF, 2021 (Philadelphia County) VF was charged with Possession with Intent to Deliver Cocaine and Marijuana and Conspiracy. At the preliminary hearing, Mr. Diamondstein was able to walk the police officer into essentially admitting that he lied about a portion of the investigation. The judge, at the time, dismissed the cocaine charges and remanded the case for trial. After a defense investigation producing evidence of the lie, the Commonwealth agreed to dismiss the felony charges and allowed VF to plead guilty to Possession of a Small Amount of Marijuana for no further penalty.
Commonwealth v. ZC, 2020 (Philadelphia County) While the matter was discharged for lack of prosecution, it is an example of extraordinary lawyering and how we go the extra mile. ZC was shot. During the investigation the police found his car filled with marijuana and evidence of distribution and charged him. At the trial call, the prosecutor tried to continue the matter. In most cases, such a request would be granted pro forma. However, rather than agree, we objected voicing concerns about the diligence of the prosecution and that the discovery had not been completed. Adding more fuel to the fire, the prosecutor had excused witnesses without the Court’s consent. The prosecutor indicated that he could get the case ready for a Motion to Suppress. However, while we knew that the prosecutor couldn’t go forward because he was missing his search warrant, the ADA told the judge he would be ready to go in a short period of time. When the Court called the case, the prosecutor tried to continue the matter yet again. Faced with our additional argument, the Court denied the request. When the prosecutor wouldn’t withdraw the case, the Court granted our motion to dismiss.
Commonwealth v. DE, 2021 (Philadelphia County) DE was charged with Possession with Intent to Deliver. The matter was dismissed at the second preliminary hearing listing by the Court, over the Commonwealth’s objection, for lack of prosecution. While such a result is not normally extraordinary, in this case it was. DE was being held in state custody because of a state parole detainer that was lodged as a result of this arrest. Upon his arrest he was taken to a state prison. During COVID, state inmates are not being brought to court. In just about every case wherein a state inmate is not brought to court, judges issue continuance orders. However, after an eloquent and thoughtful argument (including reference to Korematsu v. U.S. the case in 1944 wherein the US SCT sanctioned the internment of Japanese Americans), the judge dismissed the matter.
Commonwealth v. DJ, 2021 (Philadelphia County) DJ was charged with Possession with Intent to Deliver. He was pulled over in his car and found with 62 grams of crack cocaine. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. AP, 2020 (Philadelphia County), AP was charged with Aggravated Assault, Shooting into an Occupied Structure, Simple Assault, Recklessly Endangering Another Person, Possession of an Instrument of Crime and Criminal Mischief. The allegations were that he shot at an occupied car. After a contested preliminary hearing, all of the charges with the exception of the Misdemeanor 2nd Degree Recklessly Endangering Another Person were dismissed.
Commonwealth v. MC, 2021 (Lackawanna County) MC was charged with Terroristic Threats, Reckless Endangerment, Aggravated Assault, Discharge of a Firearm into an Occupied Structure, and Simple Assault. After extensive investigation we were instrumental in the Commonwealth’s withdraw of all charges.
Commonwealth v. KH & TH, 2016 (Philadelphia County) Sisters charged with Aggravated Assault, Conspiracy and weapons offenses. The Commonwealth sought state prison sentences. Both women found not guilty of all felonies and convicted of misdemeanor simple assault. Both received a sentence of 12 months non-reporting probation.
Commonwealth v. AJ, 2021 (Cumberland County) AJ was charged with thirty nine (39) counts of felonies, misdemeanors and summaries for providing her car to a friend to drive. While AJ was in the passenger seat, the friend engaged in a long, high speed police chase that ended in his crashing into another vehicle; seriously injuring the occupants of the same. After extensive research, we were able to provide case law that convinced the prosecutor to withdraw all of the indictable counts and allowed AJ to plead guilty to one summary count with nothing more than a $163.00 fine.
Commonwealth v. RT, 2021 (Philadelphia County) RT was wanted on a homicide warrant. Officers saw him and chased him. While running he was holding his waistband. The found him hiding in a basement with a gun near him and charged him with Violations of the Uniform Firearms Act. After a contested preliminary hearing, the gun case charges were dismissed.
United States v. FE, 2021 (EDPA) FE was indicted for 2 counts of 21 U.S.C. 846, conspiracy to distribute and possess with intent to deliver 5 kilos or more of a controlled substance. It is alleged that he was caught in a “reverse sting” trying to buy 5 kilos of cocaine for $150,000.00 from what turned out to be undercover officers. Upon motion of the Government he was Ordered held by the Magistrate judge. Upon our appeal, in a contested hearing, the judge granted our motion and ordered him released.
Commonwealth v. EW, 2021 (Philadelphia County) EW was charged with a murder and two (2) unrelated shootings. The matter was investigated by a local grand jury as part of a much larger investigation. Multiple members of an alleged gang were charged. The prosecutor sought to bypass EW’s right to a preliminary hearing – denying him the ability to cross examine witnesses – and go straight to trial. Despite the fact that the Commonwealth was successful in bypassing preliminary hearings for many of the other man, after written motions and argument, we convinced the Court to maintain EW’s rights to a preliminary hearing.
United States v. RTO, 2021 (EDPA) RTO was Indicted for Conspiring to Deliver over 400 grams of fentanyl. Despite a presumption for detention, we were able to secure his release.
Commonwealth v. KR, 2019 (Philadelphia County) KR has been charged with Possession with Intent to Deliver a substantial amount of heroin found on the street, in a van and on his person. After a contested motion to suppress, the over 2200 packets of heroin and money in the van were suppressed.
Commonwealth v. DK, 2020 (Bucks County) DK was charged with domestic assault. The case went to trial. The result was nothing short of a movie ending. After the cross examination of the Commonwealth’s first witness, the Assigned Assistant District Attorney told the judge that the witness was lying and she withdrew prosecution.
Commonwealth v. TS, 2020 (Philadelphia County) TS was charged with sexually assaulting his seven (7) year old niece. After a contested preliminary hearing, all charges were dismissed.
Commonwealth v. KF, 2020 (Philadelphia County) KF was charged with Possession with Intent to Deliver. Police served a search warrant and found him at a table with a significant amount of drugs. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. RR, 2020 (Philadelphia County) RR was charged with purchasing Polymer 80 guns and Possession with Intent to Deliver Marijuana. After a contested hearing, a motion to suppress was granted and the evidence tossed out.
Commonwealth v. DC, 2021 (Philadelphia County) DC was seated in his car. When he stepped out, he was shot in the head. Philadelphia police officers responded and found a gun in the vicinity of where DC was shot and charged him with Violations of the Uniform Firearm’s Act. After a contentious preliminary hearing, all charges were discharged for lack of evidence.
Commonwealth v. AA, 2021 (Philadelphia County) AA was charged with Attempted Murder, Aggravated Assault and related firearms offenses. After the preliminary hearing, all of the assault charges were dismissed.
Commonwealth v. BF, 2020 (Philadelphia County) BF was charged with Aggravated Assault and weapons offenses. After a preliminary hearing, all counts were dismissed for lack of evidence.
Commonwealth v. TJ, 2019 (Philadelphia County) TJ was charged with First Degree Murder after being captured on video shooting a man 4x and then fleeing to North Carolina. After trial, we were successful in presenting an imperfect self defense case and TJ was convicted of Voluntary Manslaughter and gun charges.
Commonwealth v. SW, 2020 (Philadelphia County) SW was a witness to a homicide. When questioned by police she was not forthcoming. The District Attorney’s Office charged here with felonies for Hindering Apprehension and held her in custody on $500,000.00 bail. We were able to have the bail lowered and, after a contested preliminary hearing, all of the serious charges were dismissed leaving only a M-2 Obstruction charge.
Commonwealth v. SM, 2020 (Philadelphia County) SM was stopped driving a car in which two firearms were found. The matter was dismissed after a preliminary hearing.
Commonwealth v. AT, 2019 (Philadelphia County) AT was charged with possession of a firearm after he was arrested pursuant to a car stop and search. We conducted a thorough investigation and filed a Motion to Suppress the stop and seizure of the weapon. After what can only be described as a brutal cross examination, the judge found the police officer to be incredible in virtually every part of his testimony and granted the Motion.
Commonwealth v. IR, 2020 (Philadelphia County) IR was charged with felony PWID crack and marijuana. At the preliminary hearing, we were able to convince the prosecutor to withdraw all the charges and allow him to plead guilty to a summary Disorderly Conduct for no further penalty.
Commonwealth v. HW, 2020 (Philadelphia County) HW was charged with gun and drug violations. After a contested preliminary hearing, all of the charges were dismissed.
Commonwealth v. SD, 2020 (Philadelphia County) Originally charged with Murder, we were successful in having the Murder charges dismissed with only gun charges remaining. After litigation over the gun charges, the case was dismissed.
Commonwealth v. MA, 2020 (Delaware County) MA was charged with Burglary and related charges. The Commonwealth attempted to hold MA in jail while they investigated the case. After argument, their motion was denied and the matter was dismissed.
State v. JG, 2020 (Gloucester City Municipal Court) JG was charged with DWI. A conviction would cause him to lose his professional license. After reviewing the body camera footage, we recognized that the officers did not conduct an appropriate investigation. We hired an expert who agreed with our assessment. With the expert report, we were able to convince the prosecutor to drop the charges.
Commonwealth v. AH, 2020 (Philadelphia County) During the looting in Philadelphia, AH was captured on video waiting outside of a store for individuals inside the store to exit. After the individuals who were inside the store get into her vehicle, the police approached. Just as a bike police officer stopped in front of her car, she moved the car forward, crushing the officer under the car. The officer suffered severe and life threatening injuries. AH then tried to make it seem as if someone had stolen the car. As a result, the Commonwealth charged her with a laundry list of offenses, including the most serious charge of Attempted Murder. After a thoughtful cross examination, the Court agreed with our position that the matter was over charged and dismissed the Attempted Murder count.
Commonwealth v. CH, 2019 (Montgomery County) CH was charged with a number of crimes surrounding threatening his estranged girlfriend and breaking into her new boyfriend’s home. In addition to multiple counts of Burglary, he was accused of driving to the new boyfriend’s home and firing a number of shots outside of the home. We filed a Motion to Quash the transcript on the new legal distinction on what types of evidence are admissible pursuant to Commonwealth v. McClelland, a PA Supreme Court decision. As a result of our motion, the matter was dismissed.
Commonwealth v. SD, 2020 (Philadelphia County) SD was charged with Murder and, on a separate transcript, Attempted Murder. In an unheard of turn of events, after a pointed cross examination, the judge dismissed the murder and attempted murder charges at the preliminary hearing.
U.S. v. NW, 2016 (Eastern District of Pennsylvania) NW was serving a 36 month federal sentence. She had only served 30% of her term. After being denied compassionate release by the Warden of FCI Pekin, we filed a motion seeking her immediately release. The motion was granted and NW was Ordered released.
Commonwealth v. CR, 2019 (Superior Court of Pennsylvania) We were successful in having the Superior Court strike down a $10,000,000.00 restitution award.
Commonwealth v. SH, 2020 (Philadelphia County) SH was arrested during the pandemic and charged with felony violations of the Uniform Firearms Act and incarcerated. We were able to procure documentation that caused the District to drop the felonies and agree to his release.
Commonwealth v. IL, 2020 (Chester County) IL was charged with Aggravated Assault F1, Aggravated Assault by Strangulation F2 and related misdemeanors. At a preliminary hearing in front of a judge of the Court of Common Pleas and after a pointed cross examination, all of the felonies were dismissed.
Commonwealth v. MU, 2019 (Bucks County) and CP 2019 (Montgomery County) Mr. Diamondstein was able to coordinate getting multiple bench warrants in multiple counties lifted without MU appearing or spending time in custody.
Commonwealth v. CB, 2016 (Philadelphia County) During pandemic we were able to convince the District Attorney and the judge to release CB despite the fact that he was being held on a detainer on a Possession with Intent to Deliver matter.
Commonwealth v. JP, 2014; 2015; 2017 (Philadelphia County) During pandemic we were able to convince the District Attorney and the judge to release JP despite the fact that he had four (4) detainers on serious drug felonies and was facing an open drug felony.
Commonwealth v. JS, 2018 (Bucks County) During pandemic we were able to convince the judge and probation officer to release JS prior to his hearing.
Commonwealth v. IK, 2019 (Philadelphia County) IK was a store manager for Target. He was accused of stealing thousands of dollars and was charged with multiple felonies. We were able to convince the District Attorney to downgrade the case to misdemeanors and then ushered him into the ARD program.
Commonwealth v. BH, 2019 (Montgomery County) BH was alleged to have run a large scale corporation selling drug paraphernalia. The Commonwealth seized all of his money and inventory and threatened to charge him with felony Corrupt Organizations. We were successful in working out the Return of Property issues and settled the case with a plea to misdemeanors and probation.
Commonwealth v. DA, 2019 (Philadelphia County) DA was charged with Aggravated Assault, Endangering the Welfare of a Child and Possessing an Instrument of Crime. After the preliminary hearing, we were successful in have all of the felonies dismissed and the case was remanded on one count of Simple Assault. The case was then dismissed.
Commonwealth v. CB, 2017 (Philadelphia County) CB was being held in Lancaster County on a new arrest because of his alleged violation of probation in Philadelphia. I was able to convince his Philadelphia judge to terminate his probation thereby lifting his warrant.
Commonwealth v. AB, 2019 (Philadelphia County) AB was charged with Aggravated Assault for his role in a New Year’s Eve brawl. We first were successful in having the Aggravated Assault charges Quashed. Then at trial, AB was found Not Guilty.
Commonwealth v. DM, 2019 (Philadelphia County) DM was charged with firing multiple shots in the air on the streets of Philadelphia. He was arrested a short distance from the location of the shooting and found in a car with another person and a handgun secreted in the passenger side of the vehicle. After cross examination and argument, the matter was dismissed.
Commonwealth v. SC, 2018 (Philadelphia County) SC was charged with felony possession of a firearm and engaging in a gun battle after a witness id’d him shooting down the street and a firearm was found with his DNA on it. The prosecutor was seeking a county jail sentence. After trial, SC was acquitted of all of the charges surrounding the alleged shooting and was convicted only of a single misdemeanor count of firearm possession. He received a short probationary sentence.
Commonwealth v. GW, 2019 (Philadelphia County) GW was charged with Conspiracy to Commit Aggravated Assault and Robbery for allegedly driving a prostitute to meet the cw. Once there, it was the cw’s allegation that GW helped to rob him, cut him with a knife and then chase him with a baseball bat. Quite frankly, the cross examination was so bruising and brutal that the cw left the courtroom in tears and the judge dismissed all of the felonies. The prosecutor, recognizing how the cw had been revealed to be a horrible witness, withdrew the remaining misdemeanor charges.
Commonwealth v. KK, 2019 (Philadelphia County) KK was pulled over by Philadelphia Police Officers as the only occupant in a car for driving with an air freshener. The officers searched the car and found a firearm in the rear pouch of the passenger seat. The matter was dismissed for a lack of evidence after the preliminary hearing.
Commonwealth v. MS, 2019 (Philadelphia County) MS was charged with Violations of the Uniform Firearm’s Act. Two police officers allegedly pulled him over because he ran a traffic light while looking directly at the the officers. According to the officers, when the approached the car, they saw a gun under the passenger seat. After trial, the Court found MS Not Guilty.
Commonwealth v. TC, 2019 (Philadelphia County) TC was charged with Possession with Intent to Deliver over four (4) pounds of marijuana and a pound of meth along with Possession of an Instrument of Crime for four (4) firearms. After a preliminary hearing, all of the charges were dismissed.
Commonwealth v. AK, 2018 (Philadelphia County) AK was charged with Possession with Intent to Deliver a Controlled Substance. He was represented by other counsel at the time. He went to trial and was convicted on all counts. His family hired Mr. Diamondstein. Upon meeting with AK, we realized that he suffered from mental health issues. We hired a forensic psychologist who evaluated AK. In reviewing the record, we found that there was a significant piece of evidence that should not have been used against him. We filed a Motion for Extraordinary Relief arguing that AK should get a new trial because of his infirmity and his inability to communicate with his prior lawyer affected the decision to admit the relevant piece of evidence. The trial judge agreed, vacated the conviction and ordered a new trial.
Commonwealth v. IC, 2019 (Philadelphia County), IC was arrested by Philadelphia Police Officers. As he was arrested, a firearm fell from his person and clanged off the ground. Our office researched all of the relevant case law and after contested litigation, the motion to suppress was granted and IC prevailed.
Commonwealth v. NC, 2018, (Montgomery County). NC was charged in a 39 count indictment for multiple drug sales. The Commonwealth described it as a large scale fentanyl and fentanyl importation ring. The drugs were imported from China and distributed throughout the Montgomery County. NC’s uncle, JC, was the kingpin and ultimately pled guilty. Using over 400 phone recordings and hundreds of pages of emails, the Commonwealth tried to paint NC as JC’s right hand man. At trial, after what can only be described as a tour de force of cross examination, NC was found Not Guilty.
Commonwealth v. DL, 2018 (Bucks County) DL was charged with Murder in the First Degree. The allegations were that he, along with another male, shot at least 8x at the decedent striking him in the head. A cooperator – who pled guilty to Murder in the Third Degree – testified that DL and his co-defendant were the culprits. In what can only be described as a tour de force of litigation, we destroyed each and every witness the Commonwealth put forth. After a fantastic closing and four (4) days of deliberations, the jury convicted DL of the misdemeanor of Involuntary Manslaughter. It was a colossal win.
Commonwealth v. AM, 2017 (Philadelphia County) In a Robbery prosecution, our office uncovered that the police lied in their reports; arrested an innocent woman in her night clothes; rifled through her purse; stole her hotel room key and then ransacked her hotel room. After what can only be described as a tour de force of cross examination, the judge found that the police conduct was so outrageous as to shock the conscience. She then dismissed the whole case.
Commonwealth v. TF, 2018 (Philadelphia County) TF was charged with Violations of the Uniform Firearms Act after police officers searched his home and car, found guns and he gave a statement admitting to possession of the same. We filed and litigated a Motion to Suppress both the home search and interrogation. Both were granted and the case dismissed.
Commonwealth v. KR, 2019 (Philadelphia County) KR was accused of making two (2) hand-to-hand transactions of fentanyl from his pocket and then from a stash of cocaine and fentanyl. After a vicious cross examination, the matter was dismissed for lack of evidence.
Commonwealth v. JF, 2018 (Montgomery County) JF was charged with hitting a parked car and fleeing the scene. We were able to uncover photographic and documentary evidence indicating that he had no intent to commit a crime. As a result, the prosecution was withdrawn.
Commonwealth v. KE, 2017 (Philadelphia County) While represented by another attorney, KE was convicted of Aggravated Assault with Strangulation. He was immediately remanded into custody and was facing a lengthy state prison sentence. We filed a Motion for Extraordinary Relief. Based upon the motion, the conviction was Vacated. KE was released from custody and pled to a misdemeanor with credit for time served plus probation.
Commonwealth v. CR, 2015 (Bucks County) CR was charged with multiple felonies in an alleged $20,000,000.00 insurance fraud scheme. In addition to the charges, the Government seized nearly all of his assets. After years of fierce litigation, we were able to secure a plea to three (3) M-2 counts with non-reporting probation. We also facilitated the return of over $4,000,000.00 dollars of assets including two (2) homes, multiple exotic cars, money and jewelry. CR’s plea will allow him to maintain his rights to possess firearms and have his record sealed in 10 years.
Commonwealth v. DB, 2018 (Philadelphia County) DB was charged with PWID multiple drugs. At the preliminary hearing, we convinced the District Attorney’s Office to dismiss the felony. At trial, we were successful in convincing the prosecutor that they violated Rule 1013 and they withdrew prosecution.
Commonwealth v. RM, 2018 (Philadelphia County) RM was a Brinks armored car driver charged with stealing $66,000.00 while on the job. After a full trial, RM was found Not Guilty.
Commonwealth v. TF, 2019 (Philadelphia County) TF was arrested and charged with the rape of two 16 year old girls. The girls testified that he drug them and had sex with them multiple times in a car and in his apartment. Despite a withering cross examination at the preliminary hearing, TF was still facing decades in jail and a lifetime SORNA registry. He was desperate for help. We hired a forensic toxicologist, procured internet social media and cell phone video and with the help of an investigator found eye-witnesses. After providing this information to the prosecutor, the District Attorney’s Office reinvestigated the case and withdrew all charges.
Commonwealth v. JW, 2018 (Philadelphia County) JW was charged with a road rage incident wherein he allegedly produced a handgun and threatened a stranger. After trial, JW was found Not Guilty.
Commonwealth v. JF, 2018 (Montgomery County) The Office of Attorney General charged JF – a bastion of the medical community for over forty years – with 680 counts of Forgery, Possession of a Controlled Substances, Identity Theft, and Possessing a Controlled Substance by Fraud. His medical license was immediately suspended. With a relentless investigation, in a month and a half we proved that the OAG was incorrect and their witness was lying. They withdrew 679 counts with only one count remaining: the ungraded misdemeanor of Failure to Keep Accurate Medical Records. The OAG initially agreed to place JF into ARD. However, after more lobbying, we were able to convince the OAG to dismiss the case entirely. After filing an Emergency Motion to have his medical license reinstated, we were able to work out a consent decree to have his practice continue.
Commonwealth v. CC, 2018 (Philadelphia County) DUI case dismissed over Commonwealth objection during Motion to Dismiss.
Commonwealth v. MW, 2018 (Philadelphia County) Litigated a motion to suppress wherein, after a blistering cross examination, the Court found that the stop was illegal and the officer completely incredible.
United States v. HR, LLC, 2018 (Eastern District of TN) As corporate counsel for HR, we negotiated the corporate resolution to a $200,000,000.00 fraud allegation.
Commonwealth v. LW, 2018 (Delaware County) LW, a local business owner, was charged with Terroristic Threats and related charges. He was originally represented by another attorney. Immediately upon being retained we began legal research on the allegations and an investigation into the victims. Armed with the results of the research, we wrote a legal memo to the District Attorney. After reading the memo, the prosecutor withdrew all charges.
In re MG 2018. The United States Attorney’s Office for the District of Utah alleged that MG violated the False Claims Act. We were able to convince them that he did not. No suit was brought by the Government and the matter was dropped.
Commonwealth v. DW, 2017 (Philadelphia County) DW was seen rolling what the police thought was a joint. The police chased DW, tackled him and found a gun. We litigated a Motion to Suppress and the Court ruled that the gun was to be suppressed and the case was dismissed.
Commonwealth v. KF, 2018 (Philadelphia County) KF was found with a significant amount of marijuana and cocaine. The police officers indicated that the drugs were found in plain view. After a bruising cross-examination, the Court granted a Motion to Suppress the evidence because the officer was incredible and the case was dismissed.
Commonwealth v. DB, 2017 (Philadelphia County) DB was charged with Receiving Stolen Property as a result of a Burglary of one of her neighbors. DB was allegedly found with the proceeds of the Burglary. After trial, DB was found Not Guilty of all charges.
Commonwealth v. PV, 2014 (Philadelphia County) PV was charged with Possession with Intent to Deliver. With another attorney at his side, he pled guilty to the offense. We entered as his attorney and attempted to withdraw the guilty plea. When the attempt was denied we appealed. Through a tortured appellate process we were able to not only get PV to have his plea withdrawn, the District Attorney withdrew all charges.
Commonwealth v. EH, 2017 (Philadelphia County) EH was arrested and charged with PWID. He was allegedly arrested in a car with a cellphone used for drug purchases, heroin, crack and marked money used in a controlled purchase of narcotics. EH denied that he was involved. As such, we began an investigation that combed through hundreds of phone records. We were able to show that the police officer’s reports of phone contact with the target phone were untrue. The Commonwealth, when provided with the evidence, withdrew all charges.
Commonwealth v. ES, 2006 (Philadelphia County) ES was on probation. He hired other counsel to attempt to terminate the same. The motion was denied. ES hired our office and we filed a Motion to Reconsider. The Motion was granted and ES’s probation was terminated.
Commonwealth v. DR, 2018 (Philadelphia County) DR was charged with pointing a loaded firearm and threatening to shoot the complaining witness. After a bench trial and a vicious cross examination, DR was found Not Guilty of all charges.
Commonwealth v. TF, 2018 (Philadelphia County) TF was charged with VUFA for posting an Instagram video showing him holding a firearm. We were able to convince the Court that they could not prove a date and time of the criminal action. The matter was dismissed.
United States v. AG, 2016 EDPA. AG was charged on a 44 county indictment with 8 others. At a contested and protracted detention hearing, over the Government’s objection, we were successful in securing AG’s pre-trial release.
Commonwealth v. TW, 2017 (Philadelphia County) TW was charged with Robbery and Aggravated Assault. The allegations were that he approached a stranger, lured him inside of a building and then robbed him at point of gun. Mr. Diamondstein was hired after another attorney initially had the case. We undertook an extensive investigation. We uncovered phone and text records that indicated that the witness had contact with TW. We also got video footage that should that the men appeared to know one another. We then got information from Uber that contradicted the witnesses statement. At that point, we contacted the District Attorney’s Office and convinced them that the only fair option was to withdraw prosecution. And they did.
Commonwealth v. AR, 2017 (Philadelphia County) This case is a tremendous example of our office’s tenacity. AR was charged with gun and drug possession. We undertook an extensive investigation which culminated in an exhaustive motion to suppress. After reviewing the same, based upon the what the District Attorney’s Office agreed was a police officer with credibility problems, the charges were withdrawn.
Commonwealth v. DD, 2017 (Philadelphia County) The Commonwealth brought a prosecution for PWID Marijuana and Possession of Firearms against DD. After being dismissed for failure to prosecute, the Commonwealth re-arrested DD. The prosecution was ended a second time when we filed, litigated and prevailed upon a Motion to Suppress that was granted.
Commonwealth v. JR, 2017 (Philadelphia County) JR was charged with Burglary and multiple Aggravated Assault counts. After the cross examination at the preliminary hearing, it became apparent that JR, while someplace that he should not have been, was not guilty of what was alleged. We provided medical records and treatment history to the Commonwealth. The prosecutors withdrew all felonies and allowed JR to plead to misdemeanor charges and probation.
Commonwealth v. MH, 2017 (Philadelphia County) MH was charged with multiple counts of Aggravated Assault for allegations that she fought with and tried to run two people over with her car. After a wicked cross examination at the preliminary hearing and a thorough investigation, the Commonwealth withdrew on all charges and MH pled guilty to a single count of Criminal Mischief and probation.
Commonwealth v. MW, 2016 (Philadelphia County) MW was charged with Aggravated Assault for an alleged assault on his girlfriend. She suffered broken ribs, a punctured lung and was hospitalized for five (5) days. We hired a forensic pathologist to dispute that her version of the events could have happened in the way that she described. After trial, MW was found not guilty of all charges.
Commonwealth v. RG, 2017 (Philadelphia County) RG was arrested after being pulled over by police officers who searched his car and found a gun. The District Attorney’s Office made him an offer of 3-6 years in state prison. We investigated and determined that another man owned the car and visited the pound to take personal items from the car after RG’s arrest. We filed a Motion to Suppress for what we believed was an illegal search. After receiving our investigation and motion, the District Attorney withdrew prosecution.
Commonwealth v. JL, 2017 (Philadelphia County), JL was stopped by State Troopers on I76 and found with a trunk full of narcotics. The District Attorney sought significant jail time. We filed a well researched Motion to Suppress and sought review from supervisors in the DA’s Office. Upon review of our motion and the case, the District Attorney withdrew charges on the matter.
Commonwealth v. JJ, 2017 (Philadelphia County) JJ was facing Possession charges. He was looking at 3 years of state incarceration for potential parole violations if he lost this case. We filed and litigated a Motion to Suppress on his behalf. It was granted thereby saving JJ years in jail.
Commonwealth v. NC, 2017 (Bucks County) NC was charged with Third Degree Murder and related offenses for a DUI homicide. Represented by a local Bucks County lawyer, NC was convicted of all charges, including Third Degree Murder. We entered to handle sentencing and post-trial matters. The District Attorney sought a 10-25 year sentence. Probation recommended a 8-25 year sentence. After our investigation, mental health work, motions and sentencing presentation the Court sentenced NC to 6 1/2 – 24 years.
Commonwealth v. DD, 2017 (Philadelphia County) DD was charged with PWID Heroin and Marijuana. At the preliminary hearing, I convinced the prosecutor to dismiss the Heroin. Prior to trial, we filed a Motion to Suppress based upon a faulty search warrant. The Commonwealth then withdrew prosecution.
Commonwealth v. JW, 2017 (Philadelphia County) JW was pulled over by Philadelphia Police. The officers said they saw and smelled marijuana. Based upon the same, they searched his car and found a gun. After a brutal cross examination, the trial court granted a Motion to Suppress, finding that the officer’s version was not credible.
Commonwealth v. JJ, 2017 (Philadelphia County) JJ was allegedly arrested with: Amphetamines, Xanax, heroin, cocaine and marihuana and charged with felony Possession with Intent to Deliver. We were able to convince the expert and prosecutor to dismiss the felony and remand the case on misdemeanor possession.
Commonwealth v. MJ, 2013 (Philadelphia County) MJ set-up a robbery. During the robbery, while she didn’t have the gun, one of the co-defendant’s shot and killed a man. Upon being arrested, MJ admitted to her role. Facing a clear 2nd Degree Murder (Felony Murder) and mandatory life in jail, MJ hired Mr. Diamondstein. We negotiated a 3rd Degree Murder plea. MJ, rather than get life in jail, received a sentence of 5-10 years.
Commonwealth v. LC, 2017 (Philadelphia County) LC was charged with Possession with Intent to Deliver 100s of Percocets. After a motion to suppress challenging the officer’s conduct, all of the drugs were suppressed.
Commonwealth v. KA, 2017 (Pennsylvania Superior Court) KA was convicted for killing a mother and her three (3) children while speeding on the Boulevard. Despite our position at trial that he was guilty only of the lesser charges of Homicide by Vehicle and Involuntary Manslaughter, he was convicted of Third Degree Murder. After briefing and oral argument, the Superior Court reversed the murder convictions and sent the matter back to the trial court for resentencing.
Commonwealth v. JS, 2017 (Philadelphia County) JS was charged with DUI and drug paraphernalia. He apparently struck a parked police car. When the police spoke to him, he was bleeding from his arm and was incoherent. When they looked in his car, they saw multiple heroin bags and a bloody needle. We litigated a motion to suppress his statements and the blood draw and was successful. The Commonwealth later tried to amend the charges. The Court agreed with our objection and refused to allow the amendment. Knowing that they couldn’t prove the case without the amendment, the Commonwealth withdrew all charges.
Commonwealth v. JJ, 2017 (Bucks County) JJ charged with Third Degree Murder, Aggravated Assault and related charges for causing the death of the driver and seriously injuring the passenger while driving under the influence of multiple drugs. We were able to convince the Commonwealth to drop both the Murder and Aggravated Assault charges.
Commonwealth v. PW, 2017 (Philadelphia County) PW charged with False ID to Police and for using a fraudulent driver’s license was found not guilty after trial.
Commonwealth v. RC, 2017 (Philadelphia County) RC was charged with Bomb Threats and Terroristic Threats for causing the evacuation of flight from Philadelphia International Airport. After trial, RC was found not guilty of all charges.
H v. C, 2017 (Philadelphia County) C was accused of raping an employee. Employee filed a Protection from Sexual Assault petition. After our investigation and polygraph, petition was withdrawn.
Commonwealth v. NP, 2016 (Philadelphia County) NP was charged with a course of conduct of sexually molesting his step daughter from age 9-15. After an extensive investigation and a jury trial, NP was acquitted of all charges and walked out of the court room a free man.
Commonwealth v. DH, 2014 (Philadelphia County) DH was charged with shooting a man in the chest and head killing him and shooting a second man in the leg. Facing First Degree Murder and Attempted Murder charges, my office undertook an exhaustive investigation and an unrelenting motions practice. Faced with our evidence and the issues we raised, the Commonwealth begged for an 11th hour continuance of trial. Ten days later when the case was again called to trial, they withdrew all charges.
Commonwealth v. SP, 2017 (Montgomery County) SP, an attorney, was charged with Aggravated Assault on police officers and in a separate case, Assault on her estranged husband. After putting together an extensive mitigation packet, the criminal charges were dismissed and SP pled to two counts of summary disorderly conduct with no further penalty. As such, her law license was not affected.
Commonwealth v. OP, 2016 (Philadelphia County) OP was charged with Burglary of a home, assault and related charges. After our extensive investigation was turned over to the District Attorney’s Office, the charges were dropped and OP pled guilty to two summary citations.
Commonwealth v. SL, 2017 (Montgomery County) SL was accused of a domestic assault and charged with misdemeanors. After investigation and mitigation presentation, the matter was resolved with a summary citation.
Commonwealth v. HW, 2013, Philadelphia County (hearing October 2016) According to the Police, HW was pulled over driving alone in a Hertz rental car. After seizing the vehicle, they found nearly two hundred (200) Oxycontin pills. Upon arresting Mr. Williams, the officers say that they found two (2) matching pills in his pocket. The District Attorney’s Office used those two (2) pills to tie him to the rest of the drugs in the car. HW was therefore charged with Possession with Intent to Distribute the Oxycontin. The jury took less than twenty-two (22) minutes to find HW Not Guilty.
Commonwealth v. AM, 2017 (Philadelphia County) AM was charged with Possession with Intent to Deliver over ten (10) pounds of marijuana. After a contested hearing, all of the charges were dismissed for lack of evidence.
Commonwealth v. RP, 2017 Philadelphia County. RP was arrested for Possession of a Controlled Substance, made bail and then was arrested for Possession with the Intent to Deliver within hours of being released. On the verge of entering the U.S. Navy’s Submarine School, RP had very little time to dispose of the cases or he would lose his Navy position. We were successful in convincing the prosecutors to dismiss the charges in total.
Commonwealth v. DJ, 2017 Philadelphia County. DJ was charged with shooting three people. Despite the Commonwealth’s vociferous objection, we were able to have him released on house arrest pending trial.
Commonwealth v. HW, 2017 Philadelphia County. HW was charged with Possession with Intent to Deliver crack cocaine. The Commonwealth sought a state prison sentence. After a blistering cross examination, the Commonwealth’s expert was discredited a judgment of acquittal was granted. HW was found guilty of Possession only and given probation.
Commonwealth v. RP, 2016 Philadelphia County. RP was arrested on four (4) large heroin cases. We prevailed on one and RP pled guilty on the three (3) remaining cases. By using extensive mitigation, we successfully defeated the Commonwealth’s request of 5-10 years in state prison. RP received a county sentence and probation.
Commonwealth v. JS, 2017 Philadelphia County. Motion to suppress blood draw and statement granted.
Commonwealth v. SR, 2017 Philadelphia County. SR was charged with Resisting Arrest, Obstruction of Justice and Hindering Apprehension. After trial, she was found Not Guilty.
Commonwealth v. KM, 2015 Philadelphia County. KM was charged with Possession with Intent to Distribute crack cocaine and Violations of the Uniform Firearms Act by a Prohibited Person. He was originally represented by another attorney. The District Attorney had offered him 4-10 years in state prison after that attorney lost a Motion to Suppress. We filed and litigated a Motion to Reopen the Motion to Suppress. The judge, after listening to witnesses and argument, found that we could revisit the issue at or after trial. The DA’s Office then offered KM an effective sentence of time served plus probation.
Commonwealth v. JJ, 2017 Philadelphia County. JJ was charged with a shooting on video and on a companion case with possession of 5 guns (including the gun used in the shooting), a kilo of cocaine, just under 100 grams of crack and approximately 10 grams of heroin. After a contested hearing, the matter was dismissed.
State v. JF, Medford Lakes Municipal Court. JF was charged with DWI. Her BAC was .18; more than double the legal limit. We filed a number of pre-trial motions. At the motions hearing, the State withdrew the DWI charge and pled the case to a traffic infraction.
Commonwealth v. KD, 2012 Philadelphia County. KD plead guilty to Aggravated Assault, Fleeing, Possession of an Instrument of Crime and DUI and received a sentence of 11 1/2 to 23 months plus 5 years of probation. We were successful in convincing the Court to terminate her supervision three (3) years early.
Commonwealth v. SR, 2017 Philadelphia County. SR was charged with possessing multiple firearms with obliterated serial numbers. After a hearing, the Court dismissed the Commonwealth’s case.
Commonwealth v. KC, 2016 Philadelphia County. KC was arrested with a gun. Due to his immigration status, he was taken into custody and ordered removed from the United States. The District Attorney’s Office refused to withdraw the case. The matter was dismissed over Commonwealth objection.
United States v. RW, 2017 EDPA. The sitting District Attorney was indicted. We negotiated his release conditions and handled press.
Commonwealth v. RM, 2016 Philadelphia County. RM was caught with 1/2 lb of methamphetamine. The sentencing guidelines called for 4 to 8 years. RM pled guilty and spent 30 days in jail plus probation/parole.
Commonwealth v. CT, 2016 Philadelphia County. CT was charged with Felony Possession with Intent to Deliver. The felony charges were dismissed. After a motion to suppress, the Court found the police officer’s testimony lacked credibility and the motion was granted. The case was dismissed.
Commonwealth v. JH, 2016 Philadelphia County. JH was charged with Witness Intimidation as a felony of the first degree. JH was found Not Guilty after trial.
Commonwealth v. AP, 2016 Philadelphia County. AP was charged with Robbery and Aggravated Assault as a result of the complainant nearly dying after being stabbed. After a trial, AP was found Not Guilty.
Commonwealth v. CT, 2016 Philadelphia County. CT, an attorney, was charged with assault stemming from a fight at a Center City bar. After we presented our investigation and witnesses to the District Attorney, they withdrew the charges.
Commonwealth v. AR, 2015 Philadelphia County. AR charged with multiple counts of Aggravated Assault for crashing her car into the complainant. Negotiated a probation plea to three misdemeanor charges.
US v. BD aka AR, 2015 Dist. of MD. BA pled to Conspiracy to Distribute Heroin. His guidelines were 97 months. Court sentenced him to 23 months time served.
Commonwealth v. VS, 2016 Philadelphia County. VS was charged with DUI and Marijuana. After a bench trial, VS was found Not Guilty of DUI. He was found guilty of possessing a small amount of marijuana and sentenced to No Further Punishment.
Commonwealth v. VF, 2016 Bucks County. VF was charged with driving under the influence of Drugs and alcohol with minors in the car. VF was facing a mandatory 90 days plus an additional 30 for having her children in the car; thus a total mandatory minimum of 120 days. We filed a motion to suppress. The prosecutor agreed to exclude the blood and offered a mandatory minimum of 35 days. After a contested sentencing, VF was sentenced to house arrest.
Commonwealth v. HW, 2016 Philadelphia County. HW was charged with Possession with Intent to Deliver crack cocaine. The District Attorney alleged he was the leader of a gang. We appealed the determination of the Municipal Court judge who denied the lowering of bail. After a contentious hearing, the appellate judge lowered bail and HW was released.
Commonwealth v. SH, 2016 Philadelphia County. Client charged with felony Witness Intimidation and Terroristic Threats. Our motion to quash with respect to the Intimidation was granted. We tried the case and SH was found Not Guilty.
State v. JS, 2016 Camden County, NJ JS charged with theft and gun charges. Public defender gets offer of a “5 do 3”. That meant that JS would get sentenced to five (5) years in New Jersey state prison and he would have to serve three (3) of the five (5) years in jail. Looking at a mandatory sentence of three and one-half (3 ½) years, JS thought that he had no options. After our investigation and work, JS plead to a probation sentence.
Commonwealth v. MS, 2016 Philadelphia County MS was charged with possession of methamphetamines. Despite the Commonwealth’s evidence and the testimony of the arresting officer, after a blistering cross examination, the Court found MS Not Guilty.
Commonwealth v. JH, 2016 Philadelphia County JH was accused of going to the house of a woman that allegedly was having an affair with her boyfriend, kicking in the door and stabbing both the woman and her daughter. The charges were Aggravated Assault and Burglary. After a bench trial, she was acquitted of every charge save one count of Simple Assault. The judge gave her six months of non-reporting probation and ordered zero restitution.
Commonwealth v. SS, 2016 Philadelphia County Extradition of a Murder suspect on an Aggravated Assault warrant denied after a contested hearing.
Commonwealth v. JG, 2016 Philadelphia County As a woman in her sixties and a grandmother many times over, JG had never had any contact with the criminal justice system. That changed in 2016. Her estranged in-laws claimed that JG punched her in the throat. During a bench trial, Mr. Diamondstein made quick work of the alleged victim’s story and JG was found Not Guilty.
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
On October 10, 2014, the Pennsylvania Superior Court upheld a lower court’s ruling that by failing to provide the defense with a copy of police paperwork in a criminal case (Com. v. Jordan, T., 175 EDA 2014 (Pa. Super. Ct. 2014 )), the Commonwealth of Pennsylvania was barred from the evidence at trial.On behalf of Mr. Jordan, we are extremely happy that that the Superior Court upheld the sound decision of Judge Means.
- Michael J. Diamondstein