Case Results

An 18-year-old from West Philadelphia recently found himself in an extremely serious situation after he was arrested at the 69th street transportation center for possession of a firearm. Delaware County treats gun charges harshly and this young man’s case was further complicated by the fact that the gun he possessed turned out to be stolen and his previous (juvenile)_record prohibited him from possessing a firearm. As a result, this 18-year-old faced three charges: receiving stolen property, carrying a firearm without a license, and possession of a firearm by a prohibited person. The deck was stacked against this individual, who was now in danger of being sentenced under guidelines that recommended between 30 and 42 months in state prison.

Philadelphia criminal defense attorney Michael Fienman represented this client in Delaware County and by doing his homework and meticulously double checking the legal statutes involved, it became clear that his client’s sentencing guidelines were being misapplied by the Delaware County Assistant District Attorney who was in charge of prosecuting the case. In fact, Mr. Fienman also proved that the grading of his client’s charge was improperly applied by the prosecutor. Essentially, Mr. Fienman’s client was facing a lengthy sentence based on having a past felony conviction that prohibited him from having a firearm; however, attorney Fienman uncovered that his client was adjudicated delinquent of a felony as a juvenile. He was not tried as an adult and thus never actually convicted of a felony. While it may seem like a juvenile adjudication and a conviction are essentially the same thing, the Pennsylvania legislature has created a clear distinction between the two dispositions. With a less thorough lawyer, this young man would probably be languishing behind bars, but attorney Fienman asserted his position based on the status of current law, and in doing so dramatically reduced his client’s time in custody, simply due to his attention to detail.

Attorney Fienman, also prepared his client and his client’s family for a compelling argument at sentencing. Just days before Thanksgiving, Mr. Fienman presented a persuasive sentencing argument, his client was immediately released and thus able to enjoy the holiday at home with his family. In the end, this young man saw two of the lesser offenses dismissed, was saved from a felony conviction on his record because Mr. Fienman was able to have the remaining felony charge reduced to a misdemeanor. The young man also saw a drastic reduction in the time served because of the mitigation presented at sentencing. In light of the original sentencing guidelines presented by the prosecutor(30-42 months), by retaining a skilled and client-focused attorney, this young man regained his liberty after approximately three months and has the good fortune of a second chance.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.