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John M Ogden Attorney
 
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Call now : (717) 718-0406
257 E Market Street, York, PA 17403-2023
 
 
 
 
 
 
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Criminal Defense in York, PA

You deserve legal strength for your case. That's why The Law Office of John M. Ogden in York, Pennsylvania, provides strong, professional DUI and criminal defense.
We handle drug cases and any criminal case from summary cases to felonies. We handle jury trials as well as negotiate pleas.
Many criminal cases can be won or reduced by filing the correct legal motion and arguing defects in the way that case was handled concerning due process and procedure.
 
 

Real Legal Strength

We will research your case and raise all possible defenses. Attorney Ogden has handled all types of criminal cases from murder cases to harassment cases.
You have the right to a competent defense. When you need a criminal lawyer, our law firm can help. Our office regularly represents individuals facing criminal and DUI charges whether it is a local traffic charge or more serious federal charge. In addition, our attorney takes the time needed to discuss your case, helping to develop a solid strategy for the best possible outcome. Remember, your lawyer is your friend.
 
Judges chair in court room - criminal defense in York, PA
 

RECENT CASE LAW

Can the Police Search your car without a Search Warrant?

On April 29, 2014, the Supreme Court of Pennsylvania said yes to that question. "We hold that, in this Commonwealth, the law governing warrantless searches of motor vehicles is coextensive with federal law under the Fourth Amendment. The prerequisite for a warrantless search of a motor vehicle is probable cause to search; no exigency beyond the inherent mobility of a motor vehicle is required. The consistent and firm requirement for probable cause is a strong and sufficient safeguard against illegal searches of motor vehicles, whose inherent mobility and the endless factual circumstances that such mobility engenders constitute a per se exigency allowing police officers to make the determination of probable cause in the first instance in the field."
 

Can the Police Search your Cell Phone without a Search Warrant?

In a case decided in July 2014, the Pa Superior Court held that: "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans “the privacies of life.” The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant." Com. v. Stem, 2014 Pa.Super 145 (Pa.Super. July 11, 2014).

Can the Police use a Portable Breath test (PBT) as the sole evidence of alcohol consumption in an underage drinking case?

In Commonwealth v. Brigidi, 607 Pa. 329, 6 A.3d 995 (2010), our Supreme Court ruled that the results of a preliminary, portable breath tester, such as the one used herein, are inadmissible in a prosecution under the Crimes Code. Defendant therein was convicted of underage drinking, and the sole evidence of alcohol consumption submitted by the Commonwealth was the results of a pre-arrest breath test.

The Court also made it clear that this defense can be waived if it is not properly raised. Com. v. Downey, 2012 PA Super 39, 39 A.3d 401, 406 (Pa. Super. Ct. 2012) appeal denied, 616 Pa. 657, 50 A.3d 124 (2012).

Does Being Evaluated for Mental Illness prevent one from possessing a firearm?

No. Attorney Ogden represented man who seized improperly and taken to the York Hospital for a mental evaluation. He was later released and found not to be in need of mental health treatment and that he did not suffer from a mental illness and he did not present a clear and present danger to himself or others. At the time of his contact with police, guns were seized. Attorney Ogden filed a Petition for Return of Seized Property. The Commonwealth argued that he was “committed” to a mental institution and therefore prohibited from possessing a firearm. Attorney Ogden argued that the plain language of the law did not prohibit a person from owning a firearm unless an examining physician has issued a certification that inpatient care was necessary or that the person was committable. The Court returned his guns to him and expunged his record of ever being taken to the mental health facility.

In re Sarver, 65 Pa. D. & C.4th 211 (Com. Pl. 2003).
Schedule an appointment with us in York, Pennsylvania, and put our DUI and criminal defense expertise on your side.