Writ of Habeas Corpus • UPL • Prima Facie Case • Statutory Elements of Offense
Commonwealth v. Pilchesky, PICS Case No. 16-1552 (Pa. Super. Dec. 6, 2016) Shogan, J. (11 pages).
The trial court erred in granting a petition for writ of habeas corpus upon ruling that, to convict on the charge of unauthorized practice of law, the commonwealth had to prove both that defendant engaged in the practice of law without a license and that he did so in a manner to convey the impression that he was a practitioner of law, where the second element was a sufficient, not necessary or additional, element to prove UPL. Order of the trial court reversed, case remanded.
