Coronavirus has presented a special set of challenges for legal systems and prisons throughout the country and the world. Many of the legal procedures we have relied on in the past to advocate for our clients have been temporarily suspended in the interest of keeping courts closed and preventing the spread of coronavirus. Of course, many people are still incarcerated and may be sitting in jail or prison on a small charge or something equally trivial. This is where an experienced criminal defense attorney might consider filing an emergency motion to get their client out of lockup and back home to their family to ride out this unprecedented viral storm.
Emergency motions in Philadelphia are filed in the most extreme circumstances. Since Pennsylvania Governor Thomas Wolf issued a Proclamation of Disaster Emergency on March 6, 2020 and Philadelphia Mayor Jim Kenney issued a Declaration of Extraordinary Circumstance shortly thereafter, the emergency motion has become a useful tool for our criminal justice lawyers to continue advocating for their clients.
This is made all the more important as many local jails have announced confirmed cases of COVID-19 within their walls, infecting both inmates and staff members alike.
One recent emergency motion we filed addressed the matter of a young woman who was previously incarcerated in Delaware. When new charges in Philadelphia were filed, she was transported to Philadelphia to answer the charges and was ultimately sentenced to 11.5-23 months’ incarceration on one count each of Possession With Intent to Distribute (PWID) and Corrupt Organizations.
As part of her sentence, the Philadelphia judge ordered that she be returned to Delaware to continue serving the Delaware sentence and the Philadelphia sentence. The only problem? Philadelphia never transported her and she has been waiting in Philadelphia for several months.
At that point, her family hired the Kenny, Burns & McGill defense team to file an emergency motion so that the client could be released from Philadelphia custody and finally finish out her Delaware sentence. The judge granted our emergency motion without any further questions and immediately ordered that our client be transported back to Delaware.
When someone is charged with a crime or has an issue which must be addressed in a criminal court, it is always a good idea to contact an experienced, reputable criminal defense attorney. At Kenny, Burns & McGill, we have handled thousands of cases and taken many of them to trial, securing positive outcomes and offering high-quality representation and consultation throughout the process.
If you or a loved one has found yourself on the wrong side of the law, call us immediately for a free and confidential case assessment: (215) 423-5500.
We are not afraid to fight for the rights of the wrongfully accused.
By
Kenny, Burns & McGill
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Published
May 5, 2020
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Posted in
Criminal Defense
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Tagged coronavirus, Emergency criminal motions, Philadelphia
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