Michael Kotik Criminal Lawyer

Author: Michael Kotik

  • Aggravated vs Simple Assault Charges

    Pennsylvania law recognizes an important distinction between simple assault and aggravated assault, and that distinction plays a major role in how cases are charged and the penalties that may follow. Overview of Simple Assault In many situations, simple assault is charged as a misdemeanor offense. Although a misdemeanor conviction can still lead to jail time,…

  • Do Miranda Warnings Always Have to Be Issued?

    Miranda warnings are often treated like a required “script” that police must read in every criminal case. Many people assume that if an officer does not say, “You have the right to remain silent,” then the case automatically falls apart. In Pennsylvania, that is not how Miranda works. When Miranda Warnings Are Required in Pennsylvania…

  • Jury Selection Process in PA

    Jury selection can make or break a Pennsylvania criminal trial. Before any evidence is presented and before witnesses take the stand, the court must choose a group of jurors who can stay neutral, follow the judge’s instructions, and fairly evaluate what they hear in the courtroom. In Pennsylvania, strong jury selection is about more than…

  • Immigration Consequences

    For non-citizens facing criminal charges in Pennsylvania, the impact of a criminal case often extends far beyond fines, probation, or incarceration. Criminal arrests, charges, and convictions can carry serious immigration consequences, including detention by Immigration and Customs Enforcement (ICE), removal proceedings, and long-term barriers to lawful status in the United States. Because immigration law operates…

  • Marijuana Charge in Pennsylvania

    Can You Lose Your Driver’s License for a Marijuana Charge in Pennsylvania? Surprisingly, the answer used to be yes—but that is no longer the case. New Updates to Marijuana Laws in PA Under current Pennsylvania law, simple possession of marijuana or another controlled substance, by itself, does not result in a driver’s license suspension. In…

  • How Prosecutors Establish DUI Cases

    Understanding the Building Blocks of a Pennsylvania DUI Prosecution To convict someone of DUI in Pennsylvania, the Commonwealth must meet specific legal requirements and prove guilt beyond a reasonable doubt. Prosecutors rely on several key elements to support their case, and when any of these elements are weak, incomplete, or unconstitutional, the defense can use…

  • Private Investigators and Legal Defense

    The Critical Role of Private Investigators in Building a Strong Defense In Pennsylvania and New Jersey, criminal cases often turn on evidence gathered in the earliest stages of an investigation. For the prosecution, police reports, witness statements, and forensic results help build the foundation of their case. But aggressive defense attorneys know that these materials…

  • Does New Jersey Have Misdemeanors?

    One common question the office receives is whether New Jersey has misdemeanors, and how those charges compare to Pennsylvania criminal offenses. Lawyer Michael Kotik reviews charges in both states and here are some of the key differences between New Jersey and Pennsylvania. NJ: Disorderly Persons / Petty Disorderly Persons vs. PA: Misdemeanors & Summary Offenses…

  • Refusing to Provide Blood in a PA DUI

    If you refuse to provide a blood sample during a DUI stop in Pennsylvania, there are serious consequences that can cost you your license or worse… your freedom — even if you are not ultimately convicted of DUI. License Suspension for Refusal Once the arresting officer submits their report to PennDOT, your driver’s license will…

  • What is Pennsylvania Act 44?

    What is Pennsylvania Act 44?

    Understanding Pennsylvania’s Act 44: Early Termination of Probation and Probation Review Conferences (PRCs) Act 44 —signed into law in December 2023 and fully in effect as of June 11, 2025—is one of the most significant probation reforms in Pennsylvania history. The law creates a uniform, statewide process that allows eligible individuals to earn early termination…