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Brian Fishman

Brian Fishman

The Right Lawyer. The Right Defense.
  • Criminal Law, DUI & DWI, Domestic Violence ...
  • New Jersey, Pennsylvania
Claimed Lawyer ProfileQ&ASocial Media

Brian M. Fishman is a trial attorney based in Philadelphia, PA. He is the founder and Managing Partner of The Fishman Firm, LLC. His primary focus is criminal defense. He represents individuals accused of all types of crimes--robbery, burglary, sex offenses, drug charges, firearm offenses, assault, homicide, DUI, violations of PFAs--in Philadelphia, Montgomery, Delaware, Bucks and Chester counties as well as New Jersey and Federal Court. He also handles Personal Injury matters--car accidents, slip & falls, medical malpractice, SEPTA accidents & Civil Rights Violations--excessive force, police brutality, false arrest and malicious prosecution. Brian is licensed to practice in Pennsylvania and New Jersey state court as well as the Eastern District of Pennsylvania Federal Court. He is a member of the Philadelphia and Pennsylvania Bar Associations and the Pennsylvania Association of Criminal Defense Lawyers. Brian was named a Rising Star in the area of criminal defense through in 2010, 2013 and 2014 and as a Super Lawyer every year since 2015. He has an AV Preeminent Rating with Martindale-Hubbell, a 10.0 rating on Avvo and was named a Top 100 Trial Lawyer by The National Trial Lawyers. Contact him now at 267-758-2228 or for a free consultation. You can also learn more about him and his practice on his firm website at

Temple University
J.D. | Law
Honors: Graduated Cum Laude
Activities: Editor on Temple Law Review
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Cornell University
B.A. | Psychology
Honors: Graduated with Distinction in All Subjects
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Professional Experience
The Fishman Firm, LLC
- Current
Owner of boutique criminal defense firm representing individuals charged with all criminal offenses in Philadelphia and the surrounding counties. Represent those charged with narcotics offenses, rape, robbery, burglary, sex offenses, possession of a firearm, DUI, DWI, theft, forgery, fraud, assault, attempted murder, homicide, possession with intent to deliver, conspiracy and all other criminal charges. Handle every aspect of a criminal matter from arraignment, preliminary hearing, bail reduction, Nebbia hearing, motion to quash, motion to suppress, motion in limine, pre-trial motions, trial before judge or jury, post-verdict motion, post-sentence motion, direct appeal, petition for allowance of appeal to Pennsylvania Supreme Court and PCRA (Post-Conviction Relief Act) Petition.
Associate Attorney
David S. Nenner & Associates
Represented individuals charged with criminal offenses in Philadelphia, Montgomery, Delaware, Bucks and Chester Counties. Represented those injured due to the negligence of others due to car accidents and premise liability actions.
Assistant District Attorney
Philadelphia District Attorney's Office
Speaking Engagements
Sentencing Considerations: Navigating Mandatories/Enhancements/Gun Issues & Sentencing Alternatives, The Handling of a Felony Drug Case in State Court, Mount Airy Casino & Resort
Pennsylvania Association of Criminal Defense Lawyers
Discussed criminal sentencing considerations including the Pennsylvania sentencing guidelines, mandatory minimums, enhancements for prior offenses and weight of drugs and sentencing alternatives including RRRI, Drug Treatment Court, State and County Intermediate Punishment and Boot Camp.
Professional Associations
Pennsylvania Association of Criminal Defense Lawyers
- Current
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Philadelphia Bar Association
- Current
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Pennsylvania Bar Association
- Current
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New Jersey State Bar
- Current
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Jurisdictions Admitted to Practice
New Jersey
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  • Free Consultation
    Generally flat fees for criminal cases with a retainer fee.
  • Credit Cards Accepted
    Visa, MasterCard, Discover, American Express
  • Contingent Fees
    In personal injury matters, you do not pay anything unless a financial recovery is made.
  • Rates, Retainers and Additional Information
    I work with individuals using financial payment plans.
Practice Areas
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Domestic Violence
Domestic Violence Criminal Defense, Domestic Violence Restraining Orders
Appeals & Appellate
Civil Appeals, Federal Appeals
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Additional Practice Area
  • Car Accidents
  • English
Legal Answers
Q. What is income guideline to qualify for a public defender for a dui charge?
A: Whether you qualify for a PD is not based on the charged offense but rather your income level. Therefore, the fact that it's a DUI charge is not relevant to the equation. You could be charged with possession of marijuana or with a homicide and the qualifications for a PD would be the same.

That being said, the income guidelines can change from county to county and can't be summed up by just what your income is. They consider many factors including whether you have dependents, how many, whether you pay child support or not, what your monthly income vs. expenses are. You usually have to go down to the county PD's Office and apply to see if you qualify. If you're rejected because they say you make too much, you can still address it with the court to see whether the court will appoint the PD or a private attorney that handles court-appointed cases.

I know this isn't a definitive answer but unfortunately it's not as cut and dry as your question suggests. I hope this at least gave you an idea of some of the issues that will be raised when applying for a PD. If I can be of further assistance, please don't hesitate to contact me. Good luck.

Brian M. Fishman
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Q. Do I need an attorney to avoid serving time for a probation violation
A: The short answer: Yes. The long answer: Yes. The fact that you are on probation means that were either found guilty or pled guilty to a crime in the past. A judge placed you on probation because he/she felt that you were a good candidate to remain free in society and be supervised by a probation officer rather than sent to jail. You'll often hear judges say, "Probation is a privilege, not a right". If you have somehow violated probation, then I certainly recommend hiring a strong criminal defense attorney. Your freedom is on the line. How much is your freedom worth?

And just to be clear, I have no idea what your violation is and it's quite possible that your judge will either continue your probation or give you a new term of probation if it was a minor infraction. But, you'd rather take that chance with a quality attorney next to you. It's very difficult to answer this question with more certainty as the type of violation will have much to do with whether or not you are facing jail time as a result of the violation. Two other key factors are (1) your past criminal record and (2) whether this is your first violation of probation for this or any past case that you were on probation for. The judge needs to feel comfortable that he's not placing you or other members of the community in harms way by leaving you on the street.

I hope that this assisted you. If you have further questions, please do not hesitate to contact me. I wish you all the best.

Brian M. Fishman
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Q. A family member is in Bucks County Corrections on a parole violation for drugs. He was to be released and in the last
A: I'm sorry to hear about your family member's situation. Prisons are very private places and it's sometimes even difficult for attorneys to get information from them. However, I would suggest that you contact a criminal defense attorney to first reach out to his counselor at the prison to find out as much information as possible. After that, I'd have the attorney file a parole petition with the judge that is supervising your family member. The prison or the District Attorney's Office will, at that point, want to tell the court what it is he tested positive for because the DA will likely be seeking additional jail time for the positive urine test. At that point, since your family member was in jail for a drug charge and then had a positive urine test, his attorney may try to suggest that prison is not the best place for your family member. Rather, he needs help and should be referred to an in-patient treatment facility. That way, you can get your family member the help it sounds like he needs and get him out of jail and hopefully back on the right track.

A judge is not going to be happy that he tested positive while incarcerated. Therefore, the judge is unlikely to just let him go. However, recommending an in-patient treatment facility as an alternative to jail may be the best solution for all parties. You don't want the judge to just seek punishment and send your family member upstate because of a positive drug test. One other issue you need to be aware of is if what he tested positive for was a controlled substance, like marijuana, the DA's Office may try to charge him with a new criminal offense of possession of contraband since you obviously can not have marijuana in a prison. If convicted of being in possession of contraband on prison grounds, your family member is facing an automatic mandatory minimum two year state prison sentence. In addition, the prison may be investigating who recently visited him to determine if they believe a visitor brought the controlled substance into the prison and delivered it to your family member.

I recently wrote an article about contraband in prison on my blog which you can read at the below link. I hope this helps answer your question. If you need additional assistance, please do not hesitate to contact me.

Brian M. Fishman
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Websites & Blogs
The Fishman Firm Website
The Fishman Firm Blog
Contact & Map
211 North 13th Street
Suite 801
Philadelphia, PA 19107
Telephone: (267) 758-2228
Fax: (215) 755-9100