Jason Kadish – Case Results in 2018
Below are successful outcomes Jason Kadish has obtained for his clients in Philadelphia criminal cases. While each and every case is unique, our goal is to always achieve the best possible result for the client. Please contact The Law Office of Jason C. Kadish today to begin discussing your situation with Mr. Kadish.
Motion to Suppress Firearm Successful on Appeal
Commonwealth v. S.M.: Client was arrested for illegally possessing a firearm while riding a SEPTA bus. Police had been notified via an anonymous tip of a rider illegally possessing a firearm. The bus was stopped and Client was frisked, at which time a firearm was recovered from him. A motion to suppress physical evidence was litigated before the trial court, which held that police did not violate Client’s constitutional rights by submitting him to an unjustified stop and frisk.
Upon appeal to the Superior Court of Pennsylvania, the appellate court reversed the lower court and found the stop and frisk to be unconstitutional. The Superior Court held that the detention of Client was not supported by reasonable suspicion; therefore, the firearm subsequently recovered was suppressed as a “fruit of the poisonous tree.”
1st Degree Murder Trial – Client Acquitted
Commonwealth v. S.R.: Client was charged with Murder of the First Degree, Conspiracy to Commit Murder, and Possession of an Instrument of Crime. The incident leading to the decedent’s death was captured on video. The Commonwealth alleged Client was one of two gunmen shooting at the decedent.
At trial, Mr. Kadish presented evidence that Client was attending a fundraiser at a local bar. This evidence further showed that the other gunman was not a coconspirator of Client, but a friend of the decedent. The decedent and his friend had been involved in multiple robberies over the course of the same day, including one occurring at the same fundraiser.
Outside of the bar, Client and his brother approached the decedent regarding one of the robberies. The decedent’s friend then attempted to ambush Client and his brother. The defense showed the jury that Client only drew and fired his gun (which he was licensed to carry) after being confronted by decedent’s armed friend, whose gunshots were responsible for fatally wounding the decedent.
Prior to the case being submitted to the jury, the trial court granted Mr. Kadish’s motion for a judgment of acquittal on the charges of Murder of the First Degree and Conspiracy. The case was submitted to the jury on the charges of Murder of the Third Degree, Voluntary Manslaughter, and Possessing an Instrument of Crime.
The jury then agreed with Mr. Kadish’s theory of the case—Client was found not guilty of all remaining charges.
Please see the link to the Philadelphia Inquirer article published about this case: http://www.philly.com/philly/news/crime/nafis-owens-francisville-shooting-rainey-simmons-stokes-unsolved-20180529.html
Firearm Possession Charges – Acquittal
Comm. v. A.E.: Client was driving a car that was pulled over for investigation by police. After removing Client and the passengers, police proceeded to search the vehicle and recovered a handgun and shotgun.
Mr. Kadish successfully argued to the judge that the police could not prove that Client constructively possessed the firearms—meaning that he both knew of their presence in the car and, in addition, intended to exercise control over the. Client was acquitted of all charges and released from prison.
Attempted Murder Trial – Self-Defense Argument Successful, Client Acquitted
Comm. v. T.B.: Client was charged with Attempted Murder and related charges for a stabbing that occurred inside of his residence. Client had been criminally charged for the stabbing; however, Mr. Kadish presented a self-defense argument to the court to show that Client was justified in defending himself.
After a trial, the self-defense argument presented by Mr. Kadish resulted in a complete acquittal for Client, who had originally been facing a mandatory minimum sentence of twenty-five years to life in prison.
Firearm Possession Charges – Motion to Suppress Granted, Charges Withdrawn
Comm. v. S.T.: Client was driving a car that had been pulled over for investigation by police. Police asserted that they smelled fresh marijuana upon their approach of the vehicle. They subsequently searched Client and the vehicle and recovered a handgun from the center console.
Mr. Kadish litigated a pre-trial motion to suppress the handgun, claiming that police recovered the firearm pursuant to an illegal search. Specifically, Mr. Kadish asserted that the officer’s statement regarding the obvious smell of marijuana was not credible. The court agreed and granted the motion to suppress the firearm. Accordingly, the Commonwealth subsequently withdrew all charges.