Tony Chiaramonte

I am Anthony Steven Chiaramonte, and I am licensed to practice law in Pennsylvania. I earned my Juris Doctor, cum laude, from Drexel University School of Law in Philadelphia, Pennsylvania, in May 2012, where I graduated in the top 15% of my class. During my time at Drexel, I was a member and editor of the Drexel Law Review, a fellowship recipient for Public Interest Experience in 2010 and 2011, and a participant and lecturer at the Drexel Summer Theory Institute in the summer of 2011. I also served as the Operations Manager for the National Lawyers Guild in 2010. I was recognized for the "Best Student Performance" in Criminal Procedure, Death Penalty Law, and Courts/Public Policy.

Before law school, I completed my Bachelor of Science in Business Finance at the David Eccles School of Business, University of Utah, in May 2006.

Following my graduation from law school, I served as a Law Clerk/Briefing Attorney for the Honorable Cathy Cochran at the Texas Court of Criminal Appeals in Austin, Texas, from September 2012 to August 2013. In this role, I reviewed all petitions for discretionary review and writs of habeas corpus to assess their merit, drafted five judicial opinions that were published (two unanimously), and edited all documents leaving chambers for substance, grammar, and citations. I also assessed "frivolous" petitions to ensure no meritorious case was overlooked.

Since August 2013, I have been working as a Legal Content Writer, composing optimized content as part of a law firm’s online marketing strategy. This includes writing attorney profiles, home pages, practice area pages, long- and short-form articles, legal developments, press releases, legal news analysis, FAQs, and blog posts.

From August 2014 to August 2021, I served as an Assistant Public Defender at the Defender Association of Philadelphia in Philadelphia, Pennsylvania. In this role, I represented indigent clients charged with serious felony charges in waiver and jury trials.

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Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

ID Number: 314180

Since 2012

Assistant Public Defender

Defender Association of Philadelphia

2014 - 2021

Represent indigent clients charged with serious felony charges in waiver and jury trials. Starting after pre-trial arraignment, handle clients’ cases from preliminary hearing through trial and, if necessary, sentencing. Duties include maintaining a healthy and consistent relationship with both bail and custody clients, including frequent custody visits; handling all pre-trial motions; and preparing sentencing memoranda.

Drexel Public Service Fellow

Capital Habeas Unit, Federal Community Defenders Office

2013 - 2014

Worked with attorneys, investigators, mitigation specialists, and paralegals to provide legal services to death-sentenced inmates, mostly in federal habeas-corpus proceedings. Duties included: researching legal issues, drafting briefs and memoranda, and conducting juror interviews and other investigative tasks. Summer-long projects included: attacking the constitutionality of Delaware’s lethal-injection protocol on 8th Amendment grounds; seeking an emergency stay of execution; attempting to obtain a reprieve from Delaware’s Governor; and writing several claims of ineffective assistance of counsel and improper severance.

Law Clerk / Briefing Attorney

Texas Court of Criminal Appeals

2012 - 2013

Reviewed all petitions for discretionary review and writs of habeas corpus to assess merit. Drafted five judicial opinions, all of which were published (two unanimously). Edited all documents leaving chambers for substance, grammar, and citations. Assessed “frivolous” petitions to ensure no meritorious case was overlooked.

Legal Extern

Honorable Teresa Sarmina

2012 - 2012

Conducted legal research and drafted opinions in support of the Judge’s written orders denying habeas-corpus relief in homicide cases. Composed bench memoranda advising the Judge on evidentiary issues.

Legal Intern

Atlantic Center for Capital Representation

2011 - 2012

Assisted in litigation that ultimately raised the fee for court-appointed capital-defense lawyers from $2,000 to $10,000. Drafted motions and accompanying memoranda based on novel legal arguments. Assisted in advising trial counsel regarding litigation strategy during both guilt- and sentencing- phases, specifically in relation to mitigation specialists, expert witnesses, and pre-trial motion practice. Facilitated in the organization and presentation of “Bring Your Own Capital Case” and “Colorado Method” workshops.

Drexel University

J.D. (2012) | Law

2009 - 2012

Honors: Public Interest Experience, Fellowship Recipient, 2010 & 2011 “Best Student Performance” in Criminal Procedure, Death Penalty Law, and Courts/Public Policy

Activities: Drexel Law Review, Member and Editor National Lawyers Guild, Operations Manager, 2010 Drexel Summer Theory Institute, Participant and Lecturer, Summer 2011

University of Utah

B.S. (2006) | Business Finance

2001 - 2006

Best Student Performance

Drexel Law School

2011

Best Student Performance in Death Penalty Law, Criminal Procedure, and Courts/Public Policy.

Pennsylvania Bar Association

Current

Q. is it illegal for school staff to watch students use the restroom?

December 10, 2024

A: This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the institution's responsibility to maintain safety and order. Pennsylvania courts have recognized that students have a legitimate expectation of privacy in restrooms, which are considered intimate and private spaces. Any practices that infringe upon this expectation, such as direct observation of students while using restroom facilities, can raise significant legal concerns.

While schools are authorized to implement measures to ensure safety, including preventing activities like vaping, such actions must be reasonable and proportionate. Direct observation, particularly actions like holding doors open, peering over stalls, or otherwise intruding on private activities, may be viewed as an unreasonable and excessive invasion of privacy. Such practices are likely to face scrutiny under legal standards and could be found unconstitutional if they are overly intrusive. In addition to privacy concerns, these practices may also raise issues of sexual harassment.

If you believe that these monitoring practices are excessive and violate your rights, you may want to raise your concerns with the school administration or consult legal counsel to explore possible remedies. In summary, while schools have a duty to ensure safety and discipline, these efforts must be balanced with respect for students’ constitutional privacy rights. ... Read More

Q. How long do you have to appeal a divorce if you were forced under durress & under the influence knowingly by ex&lawyer?

December 10, 2024

A: This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.

In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are distinct legal processes, each with its own legal standards and timeframes. Here’s a breakdown of how these processes differ based on the details you provided:

Appealing a Divorce:

Under Pennsylvania law, you generally have 30 days from the entry of the final divorce decree to file a notice of appeal (Pa. R.A.P. 903). Missing this deadline typically results in the forfeiture of your right to appeal.

An appeal challenges the legal proceedings or decisions leading to the divorce decree. If you believe your consent to the divorce was obtained through duress or undue influence (such as being coerced or under the influence), an appeal could argue that the court improperly relied on a consent agreement that was not valid. The appellate court will review the record for legal errors made by the trial court, but it generally does not accept new evidence.

An appeal does not typically reopen the entire case. Instead, it focuses on legal mistakes or procedural errors. For claims of duress or undue influence, you may need to file a motion to vacate or modify the decree at the trial court level as part of your initial steps.

Challenging a Marriage as Void or Voidable:

Challenging the validity of the marriage itself is a different legal matter, and this process is not constrained by the 30-day appeal deadline for a divorce decree. The distinction between "void" and "voidable" marriages is key:

Void Marriages

A void marriage is invalid from the start (e.g., bigamy or incest). These marriages can be challenged at any time by either party or, in some cases, by third parties.

There is no specific statute of limitations for declaring a marriage void, as the marriage is treated as never having legally existed.

Voidable Marriages

A voidable marriage is legally valid until it is annulled. Grounds for voidable marriages include duress, fraud, mental incapacity, or being under the influence during consent to the marriage.

Challenges to a voidable marriage generally must be brought within a reasonable time, typically tied to the discovery of the issue (e.g., realizing the consent was coerced). Pennsylvania law allows these challenges to be filed by one of the parties, but time limits can vary based on the grounds.

Duress and Consent Issues:

If you were coerced into entering the marriage or lacked the capacity to give informed consent (e.g., due to being under the influence), the marriage might be voidable. Courts will consider the evidence of coercion or incapacity and the timeliness of your challenge.

If you believe your consent was invalid due to duress or being under the influence, you have two potential avenues:

Appeal the Divorce Decree: To do this you would file a notice of appeal within 30 days, arguing that the court relied on an invalid agreement.

- or -

Challenge the Marriage: If the marriage itself was entered into under duress or incapacity, consult an attorney about filing an annulment action to declare the marriage voidable.

Both processes require compelling evidence, such as witness testimony, documentation, or medical records, to support your claims. ... Read More

Q. fines voided DUI expunged for refusing blood test (automatic DUI) Later PA passed law making legal to refuse blood tests

December 10, 2024

A: Please note that this response is for informational purposes only and does not constitute legal advice.

In Pennsylvania, the ability to expunge a DUI conviction and void associated fines and costs is limited and depends on specific circumstances. Here's an overview of the law as I believe it pertains to your sitaution.

Changes in the law:

The U.S. Supreme Court's decision in Birchfield v. North Dakota held that warrantless blood tests are unconstitutional and that states cannot impose enhanced criminal penalties for refusing such tests. Following this decision, Pennsylvania courts have addressed whether this ruling applies retroactively. In some cases, courts have recognized that enhanced penalties imposed for refusing warrantless blood tests may be unconstitutional.

However, this does not automatically void convictions or associated penalties. Individuals affected by such penalties would generally need to seek relief through the courts, often by filing a Post Conviction Relief Act (PCRA) petition. Success in such petitions depends on the specifics of the case, the nature of the penalties imposed, and adherence to filing deadlines.

Expungement:

Expunging a DUI conviction in Pennsylvania is generally limited to specific scenarios, such as successfully completing the Accelerated Rehabilitative Disposition (ARD) program, which is typically available for first-time offenders.

Alternatively, if you are at least 70 years old and remained arrest-free for 10 years following the completion of the sentence you may be eligible.

In most cases, DUI convictions that do not fall into these categories cannot be expunged.

Voiding Fines and Costs:

If your DUI conviction involved enhanced penalties due to refusal of a blood test, and those penalties are now deemed unconstitutional under Birchfield, there may be grounds to challenge the fines and costs imposed. This would likely require legal action, such as filing a PCRA petition, to seek modification of the sentence. The success of such challenges depends on the specific details of your case and compliance with procedural requirements.

An experienced DUI attorney in Pennsylvania can help evaluate your specific case and provide guidance on potential remedies. One thing to keep in mind is that you'll beed to pay close attention to deadlines for filing petitions or appeals, as missing these can limit your options for relief. ... Read More