Being arrested is a stressful experience, but it’s important to know that not all arrests lead to convictions. In other good news, a recent decision from the Pennsylvania Supreme Court has changed how arrests are handled during sentencing, creating a major victory for the defendants across Pennsylvania.
In short, the court has ruled that prior arrests without a conviction cannot be used against you in sentencing. This is a game-changer for criminal defense attorneys who work tirelessly to ensure their clients receive fair treatment in the legal system. Here, we’ll explore the key aspects of this ruling and explain what it means if you or a loved one are facing sentencing in PA.
The Ruling: A Victory for Defendants
In Commonwealth v. Berry, the PA Supreme Court overturned a long line of Superior Court decisions that allowed judges to consider a defendant’s prior arrest record during sentencing. The court ruled that an arrest without a resulting conviction or adjudication is irrelevant and cannot be used to inform a judge’s sentencing decisions.
Berry’s attorneys successfully convinced the PA Supreme Court to take a stand, providing much-needed clarity on this issue. The court made it clear that arrest records have no bearing on a person’s criminal propensity, character, or likelihood of recidivism.
The ruling states:
“Prior arrests shed no reliable light upon criminal propensity, cannot be used as evidence of bad character or for impeachment purposes, are not a relevant sentencing consideration, and have no probative value for establishing a defendant’s likelihood of recidivism.”
This decision underscores that a history of arrests—without a conviction—should not and cannot influence the court’s decision regarding a defendant’s sentencing. For criminal defense attorneys, the ruling provides a new tool to protect their clients from unjust sentencing practices.
Why This Ruling Matters in Sentencing
The court’s ruling highlights the true purpose of Pennsylvania’s sentencing code. Prior convictions are meant to be the main factor in calculating a defendant’s prior record score, which helps determine sentencing severity.
In Berry’s case, the sentencing court correctly noted that his prior record score was zero but improperly relied on his prior arrests to impose a harsher sentence.The PA Supreme Court decisively rejected this practice, ensuring that judges cannot use prior arrests to nullify the defendant’s prior record score or influence sentencing decisions.
What Defense Attorneys Should Do Moving Forward?
This ruling will likely impact many sentencing decisions across Pennsylvania. If you’re currently working with a criminal defense attorney, it’s crucial to know how to navigate these changes and ensure that your rights are protected.
Here are key steps your attorney should take if you believe prior arrests have been or could be considered in your sentencing:
- File for Resentencing: If a judge considered your client’s arrest record during sentencing, immediately file a Post-Sentence Motion.
- Object to the PSI Report: Object to any inclusion of prior arrests in the Pre-Sentence Investigation (PSI) report.
- Bar the Arrest History: Move to bar the Commonwealth from introducing a criminal history report if it includes arrest history.
- Request a New Judge: If prior arrests were discussed, consider asking for a new judge to avoid bias in future hearings.
By taking these proactive steps, defense attorneys can leverage this ruling to secure more favorable outcomes.
The Role of a Skilled Criminal Defense Attorney
This ruling emphasizes the importance of having an experienced criminal defense attorney who is aware of these critical updates in the law. A skilled attorney knows how to spot crucial errors in sentencing and protect your rights.
Whether it’s ensuring your arrest record isn’t used against you or challenging any improper evidence, a knowledgeable lawyer can make all the difference in your case.
If you’re facing sentencing, don’t leave anything to chance. Contact an attorney who understands the intricacies of Pennsylvania’s legal system and can fight to ensure your case is handled fairly.
Read More about Sentencing & the PA Judicial Process
- PA Pretrial Motions: Motion to Review Police Personnel File
- The Art of a Successful Defense – A Guide for Reductions, Dismissals & Winning in Court
- Police Mistakes that Could Get Your Charges Dismissed
- Sentencing Factors in Vehicular Homicide Cases
- How To Get Your Bail Reduced
- New Protections in Pennsylvania Against Warrantless Vehicle Searches
- Hearsay Alone is Insufficient in PA Preliminary Hearings
Need a Defense Attorney in PA? Call Fienman Defense
At Fienman Defense, we’re committed to protecting your rights and fighting for the best possible outcome in your case. This recent ruling from the PA Supreme Court is a significant victory for defendants, and we’re ready to use it to protect your rights during sentencing.
If you’re facing charges or have questions about how this ruling could impact your case, attorney Michael Fienman is here to help. Reach out online or call (215) 839-9529 for a free consultation. We’ll review your case, explain your options, and work to achieve the best outcome for you
Attorney Michael H. Fienman represents clients in criminal and traffic matters across Philadelphia, Montgomery, Bucks, Delaware, and Chester counties. As an experienced local attorney, he is a zealous advocate. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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