Brian Fishman

In this video, Philadelphia criminal defense attorney Brian M. Fishman of The Fishman Firm follows up on his discussion from a previous video about the ARD program in Pennsylvania.

However, he specifically discuss how best to avoid a criminal conviction and lengthy license suspension if arrested for DUI for the first time in Pennsylvania.

If you or a loved one have been arrested for DUI, contact Brian M. Fishman for a free consultation at 267-758-2228 or brian@thefishmanfirm.com

And, to learn more about DUI law in Pennsylvania visit The Fishman Firm's website at http://www.thefishmanfirm.com/practice-areas/driving-under-the-influence-dui.html.

Streamed live on Jun 19, 2014

In this video, I will discuss what a motion to suppress is and how an effective criminal defense attorney can use it to have key evidence against you excluded from evidence at trial.

Contraband, such as drugs or guns, are the most common evidence suppressed. However, under the right circumstances, statements made by criminal defendants can be suppressed if they are subject to a custodial interrogation without having been read their Miranda rights. In addition, in- and out-of-court identifications can be suppressed if it is shown that law enforcement acted unlawful in obtaining the identification.

Many possessory offenses are won or lost at a pre-trial motion to suppress. Therefore, it is key that an attorney know suppression law and be prepared to attack an officer's credible on the witness stand.

Streamed live on Jun 30, 2014

Despite the fact that a Philadelphia inmate hears, "This call is being recorded" every time they place an outgoing call that is not to a lawyer, many inmates can not help but speak about the details of the crime over the prison phones. Prosecutors have found extremely juicy and incriminating details in these calls that make their job of gaining a conviction much easier.

Therefore, if you have a loved one in custody, heed the warning and do not speak about the inmate's case over the prison phones. All you are doing is helping the prosecution to obtain a conviction. Remind your incarcerated loved one that they should only talk to you about the case when you are visiting at an in-person prison visit.

In this post, I discuss this and other common mistakes that criminal defendants make that hurt their own case: http://www.thefishmanfirm.com/2013/08/philadelphiagunanddruglawyer.html

Streamed live on Jun 24, 2014

What is ARD? Am I eligible? These are two of the most common questions I get from individuals who enter my office after they have had their first run in with the law.

In this video, I discuss what ARD means, who is most likely eligible for it and what is the result upon completion. Those arrested and charged with DUI, drug possession, theft or other non-violent misdemeanor offenses are most often eligible for the ARD program. However, I have been able to get ARD for even those charged with low-level felonies.

Once you successfully complete the pre-trial ARD program, you can file a petition to have your criminal record expunged so that the public can not see this minor indiscretion. But, expungement does not happen automatically. Instead, you must file for it.

Learn more about Philadelphia ARD and other pre-trial diversion programs here: http://www.thefishmanfirm.com/2013/12/duiphiladelphiaardattorney.html
Learn more about Expungement here: http://www.thefishmanfirm.com/practice-areas/expungement.html

I receive multiple calls a day from people asking whether they can receive an expugement of their criminal record. I can generally answer their question with a clear yes or no after asking them a few questions about their past case(s) and with a few clicks on my keyboard.

In Pennsylvania, you are only eligible for expungement of your criminal record if your case was dismissed by the court, withdrawn by the District Attorney or you were found not guilty following a judge or jury trial. If you were convicted, found guilty or pled guilty, you are not eligible for expungement of your criminal record. The only current exception to this rule is if you were convicted or pled guilty to a summary. And, even then, you must wait five years from the date of conviction and have no further contact with the system to obtain expungement.

In this video, I will discuss in more detail when you are eligible for expungement of your criminal record and a bit about the process. Additionally, there are links below to two articles I've written on the subject. One lays out the process in even greater detail while the other discusses a pending bill that would allow expungement of certain low-level misdemeanors after either 7 or 10 years. But, this is not currently the law. The only way to have a misdemeanor or felony conviction removed from your record now is through a pardon from the governor.

Expungement Blog post: http://www.thefishmanfirm.com/2013/10/philadelphiaexpungementlawyer-2.html

Expungement Article: http://www.thefishmanfirm.com/practice-areas/expungement.html

Brian M. Fishman, Philadelphia criminal defense attorney, of The Fishman Firm explains Rule 600 of the Pennsylvania Rules of Criminal Procedure. Rule 600 is the codified version of a criminal defendant's right to a speedy trial.

Under the law, the Commonwealth of Pennsylvania has 365 days to try your case or you have the right to petition for a dismissal of the charges with prejudice. Like most rules, there are exceptions which allow the prosecution more time if they have exercised due diligence and the defense has not been prejudiced by the delays.

In addition, Mr. Fishman discusses the fact that if incarcerated, the District Attorney must bring you to trial in 180 days. If they fail to do so, you may be entitled to release on nominal bail, sometimes with the condition of house arrest until your trial date.

If you or a loved one has been arrested for a criminal offense in Philadelphia or the surrounding counties, contact Mr. Fishman for a free consultation at 267-758-2228 or brian@thefishmanfirm.com. You can learn more about Rule 600 and Mr. Fishman's services at his website at www.thefishmanfirm.com