For the Defense - Volume 3, Issue 1 - 2018 - 53

did not appear for the hearing, a bench
warrant was issued. Diaz was arrested, bail
in the amount of $200 was set and a new
"fines and costs contempt hearing" was
scheduled. Diaz could not post bail. At the
contempt hearing, he was not provided
with counsel. The Court held Mr. Diaz in
contempt, sentenced him to 30 days in jail
and set a purge condition of $250. Diaz was
also ordered to pay his fines and costs at a
rate of $100 per month. Diaz subsequently
engaged counsel, who filed a Petition for
Writ of Habeas Corpus. Before a hearing
could be held, Diaz was released from prison
because of the time that he already served.
Diaz appealed the orders finding him in
contempt and jailing him, and ordering him
to pay $100 toward fines and costs.
Issues: 1. Did the trial court err by holding
Mr. Diaz in civil contempt for failure to pay
his court fines and costs and incarcerating
him without inquiring into his ability to
pay?
2. Did the trial court err by incarcerating
Mr. Diaz for civil contempt without either
providing him with counsel or obtaining a
knowing, intelligent, and voluntary waiver
of that right?
3. Did the trial court abuse its discretion
by holding Mr. Diaz in contempt when the
evidence on the record demonstrated that
he was unable to pay?
4. Did the trial court abuse its discretion by
setting a dollar amount by which Mr. Diaz
could purge his contempt and be released
from incarceration without finding beyond
a reasonable doubt that Mr. Diaz had the
present ability to comply with the Court's
order and meet that purge condition?
5. Did the trial court err by placing Mr. Diaz
on a payment plan without inquiring into
his financial circumstances and determining
that the ordered payment was within his
means and did not unreasonably impose a
financial hardship?
Status: Pending.

Amicus Authors: Stephen G. Harvey and
Rachel K. Gallegos of Steve Harvey Law LLC.

Cases Previously Reported that are Still
Pending Before the Pennsylvania Supreme
Court in which an Amicus has been
submitted by PACDL
Commw. v. Delgros: Amicus Filed: August
10, 2017 (Defender Association of Philadelphia
and PACDL Joint Amicus)
Nature of the case: The defendant
was charged with taking I-Beams from a
construction company and was accused of
continuously possessing stolen property for
approximately thirteen years. The defendant
was convicted of receiving stolen property
with a value greater than $2,000, a felony
of the third degree, after a trial by jury. The
defendant was sentenced to pay restitution
in the amount of $2,800 and a fine of
$15,000. No further sentence was imposed.
New counsel filed a timely post-sentence
motion, alleging, among other things,
trial counsel's ineffectiveness. In relevant
part, the trial court refused to consider the
ineffectiveness claim, ruling that the PostConviction Relief Act ("PCRA") was the only
avenue to raise an ineffective assistance of
counsel claim and that the defendant was
ineligible for such relief under the PCRA
because his sentence involved only fines,
restitution and costs. The Superior Court
affirmed.
Allocatur grant: "Do this Court's decisions
regarding the deferral of claims of
ineffective assistance of counsel to postconviction collateral review, and the limited
exceptions thereto, apply to convictions
resulting in non-custodial sentences
imposing a fine only, and do Due Process
considerations require some opportunity to
raise such claim?"

Vol. 3, Issue 1

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For The Defense

53



Table of Contents for the Digital Edition of For the Defense - Volume 3, Issue 1 - 2018

Contents
For the Defense - Volume 3, Issue 1 - 2018 - 1
For the Defense - Volume 3, Issue 1 - 2018 - 2
For the Defense - Volume 3, Issue 1 - 2018 - Contents
For the Defense - Volume 3, Issue 1 - 2018 - 4
For the Defense - Volume 3, Issue 1 - 2018 - 5
For the Defense - Volume 3, Issue 1 - 2018 - 6
For the Defense - Volume 3, Issue 1 - 2018 - 7
For the Defense - Volume 3, Issue 1 - 2018 - 8
For the Defense - Volume 3, Issue 1 - 2018 - 9
For the Defense - Volume 3, Issue 1 - 2018 - 10
For the Defense - Volume 3, Issue 1 - 2018 - 11
For the Defense - Volume 3, Issue 1 - 2018 - 12
For the Defense - Volume 3, Issue 1 - 2018 - 13
For the Defense - Volume 3, Issue 1 - 2018 - 14
For the Defense - Volume 3, Issue 1 - 2018 - 15
For the Defense - Volume 3, Issue 1 - 2018 - 16
For the Defense - Volume 3, Issue 1 - 2018 - 17
For the Defense - Volume 3, Issue 1 - 2018 - 18
For the Defense - Volume 3, Issue 1 - 2018 - 19
For the Defense - Volume 3, Issue 1 - 2018 - 20
For the Defense - Volume 3, Issue 1 - 2018 - 21
For the Defense - Volume 3, Issue 1 - 2018 - 22
For the Defense - Volume 3, Issue 1 - 2018 - 23
For the Defense - Volume 3, Issue 1 - 2018 - 24
For the Defense - Volume 3, Issue 1 - 2018 - 25
For the Defense - Volume 3, Issue 1 - 2018 - 26
For the Defense - Volume 3, Issue 1 - 2018 - 27
For the Defense - Volume 3, Issue 1 - 2018 - 28
For the Defense - Volume 3, Issue 1 - 2018 - 29
For the Defense - Volume 3, Issue 1 - 2018 - 30
For the Defense - Volume 3, Issue 1 - 2018 - 31
For the Defense - Volume 3, Issue 1 - 2018 - 32
For the Defense - Volume 3, Issue 1 - 2018 - 33
For the Defense - Volume 3, Issue 1 - 2018 - 34
For the Defense - Volume 3, Issue 1 - 2018 - 35
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For the Defense - Volume 3, Issue 1 - 2018 - 37
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For the Defense - Volume 3, Issue 1 - 2018 - 43
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For the Defense - Volume 3, Issue 1 - 2018 - 55
For the Defense - Volume 3, Issue 1 - 2018 - 56
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