Free Consultation: (215) 839-9529Tap to Call This Lawyer
PREMIUM
Michael H. Fienman

Michael H. Fienman

SuperLawyers and Martindale AV Rated Trial Attorney
  • Criminal Law, White Collar Crime, DUI & DWI
  • New Jersey, Pennsylvania
Badges
Claimed Lawyer ProfileQ&ALII GoldSocial Media
Biography

I am a criminal trial attorney who has handled thousands of cases ranging from traffic, DUI, sex and drug offences, to money laundering, wire fraud and homicide. I also deal with issues relating to the defense of Title IX charges. Many of my clients hold professional licenses ( doctors, nurses, pilots, insurance agents) and thus my experience extends to administrative proceedings and the collateral impact of criminal charges or conviction on licensure.

Education
Western Michigan University Cooley Law School
J.D. (2010) | Trial Advocacy
-
Honors: Dean's List
Western Michigan University Cooley Law School Logo
Dickinson College
B.A. (2006) | Religion
-
Placeholder image for education.
Professional Experience
Attorney / Founder
Fienman Defense, PLLC
Current
Publications
Speaking Engagements
Kids, Wealth, and Consequences: Managing the Pitfalls When Good Decisions Are Not Made, The Merion Cricket Club
The Bryn Mawr Trust Company of Delaware
Kids will be kids, and some develop critical decision-making skills later than others. Add access to technology, cars, and money to the mix, and you can end up with good kids making poor decisions. How do you manage the pitfalls when good decisions are not made?
Starting a New Business in Philadelphia, Young Entrepreneurs of Philadelphia
Certifications
DWI Detection and Standardized Field Sobriety Testing
National Highway Traffic Safety Administration
Certified Arbitrator
Philadephia Court of Common Pleas
Awards
AV Preeminent
Martindale-Hubbell
Selected to Rising Stars: 2018 - 2024 Peer Rated for Highest Level of Professional Excellence
Client Champion - PLATINUM
Martindale-Hubbell Lawyer Services
Rising Stars
Super Lawyers
Selected to Rising Stars: 2019 - 2023
Top 10 under 40
National Association of Criminal Defense Attorneys
2014 - 2016
Pro Bono Roll of Honor
First Judicial District of Pennsylvania
2011, 2012, and 2015
Professional Associations
Pennsylvania State Bar
Member
Current
Placeholder image for professional associations.
Bucks County Bar Association
Member
- Current
Placeholder image for professional associations.
Philadelphia Criminal Law Inn of Court
Barrister
- Current
Placeholder image for professional associations.
Delaware County Bar Association
Member
- Current
Placeholder image for professional associations.
National College for DUI Defense
Member
- Current
Placeholder image for professional associations.
Montgomery Bar Association
Member
- Current
Activities: Criminal Defense Committee, Magisterial District Judge Committee, and Federal Courts Committee
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
New Jersey
Placeholder image for jurisdictions.
Pennsylvania
Placeholder image for jurisdictions.
Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
Criminal Law
Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
White Collar Crime
DUI & DWI
Additional Practice Areas
  • Professional Licensing Defense
  • Title IX Defense
Languages
  • English: Spoken, Written
Legal Answers
Q. In DE County, at a preliminary hearing with the magistrate district court, can the charges/case be dismissed?
A: The Commonwealth has the burden of establishing a prima facie case at the preliminary hearing. If they do not meet their burden of proof, the case will be dismissed.

A lot of things can happen during a preliminary hearing - including the addition of new charges. If you are serious about having a case dismissed at the preliminary hearing, you would be well served to be represented by an attorney.
Q. While walking my 8 year old blue merle collie on a leash my dog was struck by a vehicle-street was clear when crossing
A: Your case can be pursued both criminally and civilly.

With respect to criminal prosecution, it is not your decision whether charges are filed. The local police department that responded to your call and the district attorney for the county in which this incident occurred have complete discretion when it comes to prosecuting the case. To the extent the matter is prosecuted, make sure that the police are aware of the costs incurred at the veterinarian. You may be able to obtain reimbursement through restitution if the driver is ultimately convicted.

As far as civil prosecution, you may initiate a claim. However, it does not sound like you are claiming any personal injuries, but rather injuries to your dog. Although dogs are highly regarded animals in our society, Pennsylvania law classifies them (and pets in general) as chattel or personal property. To the extent that you maintain a claim for your dog's injuries, it would be for property damage and expenditures related to the repair and rehabilitation of the same.

Additionally, based on your query, it does not sound like you have a description of the driver. This is an important evidentiary issue that will need to be considered before initiating any civil or criminal proceeding. I'm glad that you have a good description of the vehicle, but that does not necessarily establish who was driving at the time of the incident.

Thanks for posting your question.
... Read More
View More Answers
Websites & Blogs
Website
Website
Blog
Fienman Defense
Contact & Map
Fienman Defense, LLC
1608 Walnut Street
Suite 900
Philadelphia, PA 19103
Telephone: (215) 839-9529
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Fienman Defense, LLC
Narberth
450 N Narberth Ave
Suite 2
Narberth, PA 19072
Telephone: (215) 839-9529
Fax: (215) 405-2699
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Fienman Defense, LLC
117 - 119 N. Olive Street
Media, PA 19063
Telephone: (215) 839-9529
Fax: (215) 405-2699
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Fienman Defense, LLC
196 W. Ashland Street
Suite 410
Doylestown, PA 18901
Telephone: (215) 839-9529
Fax: (215) 405-2699
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours