Area of Practice

Civil Law

Civil law encompasses a wide range of legal disputes between individuals, organizations, or entities, typically involving financial compensation rather than criminal charges. Key areas include contract disputes, property law, personal injury claims, landlord-tenant issues, and family law matters such as custody and divorce.

Attorney Philip Smoker specializes in the following areas.

Real Estate Law

Real estate law governs the buying, selling, and use of property, as well as disputes that arise in these contexts. This includes areas such as zoning regulations, building code compliance, landlord-tenant relationships, and property transfers. It ensures that property transactions are legally sound and that property rights are protected under applicable laws.

Code Violations

Code violations can result in fines, property devaluation, or delays in property transactions. Whether you're a property owner or investor, Mr. Smoker can help you address issues involving building codes, safety standards, or municipal ordinances. His proactive approach ensures compliance and minimizes disruption to your goals.

Zoning

Zoning laws impact how properties can be used or developed. If you're facing zoning disputes or need assistance obtaining variances or permits, Mr. Smoker offers expert guidance. He helps clients navigate complex regulations to protect their property interests and achieve desired outcomes.

Landlord-Tenant

Disputes between landlords and tenants can escalate quickly without proper legal intervention. Mr. Smoker handles cases involving lease violations, security deposit disputes, evictions, and habitability issues, offering practical solutions and protecting clients’ rights under Pennsylvania law.

Ejectment

Ejectment actions address unlawful possession of property by a tenant or occupant. Mr. Smoker helps property owners assert their rights through efficient and legally sound procedures, ensuring timely recovery of the premises while adhering to strict legal requirements.

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Civil Litigation

Civil litigation involves resolving disputes between parties in a court of law, typically over financial or contractual issues rather than criminal matters. This includes cases like personal injury claims, property damage disputes, and breach of contract. The goal of civil litigation is to resolve these disputes through negotiation, mediation, or trial, ensuring fair outcomes for the involved parties.

Personal Injury Defense

Defending against personal injury claims requires careful analysis and strategic representation. Mr. Smoker works to minimize liability for individuals and businesses, crafting robust defenses to protect clients’ rights and financial interests.

Property Damage

When disputes arise over property damage, swift legal action can protect your rights. Mr. Smoker assists clients in seeking compensation or defending against unjust claims, delivering solutions tailored to each case’s specifics.

Contract Disputes

From breach of contract to enforcement issues, contract disputes can disrupt personal or business relationships. Mr. Smoker evaluates claims, negotiates resolutions, and litigates cases when necessary to safeguard clients’ interests and uphold agreements.

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Estate Planning and Probate Law

Estate Planning and Probate Law deals with the management and distribution of an individual’s assets during their lifetime and after their death. Estate planning includes creating wills, establishing trusts, and drafting advance directives to outline personal wishes and minimize tax liabilities. Probate is the legal process of validating a will, settling debts, and distributing assets to heirs. This area of law ensures that an individual’s wishes are honored, legal obligations are met, and beneficiaries are properly cared for. It also addresses guardianship petitions, which provide legal authority for managing the affairs of individuals who cannot do so themselves.

Wills

A well-drafted will ensures your assets are distributed according to your wishes and can prevent family disputes. Mr. Smoker works closely with clients to create customized wills that reflect their unique needs and goals. From simple wills to complex estate plans, he ensures clarity and legal compliance, giving clients peace of mind about their legacy.

Probate

Probate is the legal process of settling a deceased person’s estate, which can be overwhelming for families. Mr. Smoker assists executors and beneficiaries with navigating probate efficiently, resolving disputes, and ensuring all legal and financial obligations are met, simplifying this often-challenging process.

Estates

Administering an estate involves managing assets, paying debts, and distributing inheritances. Mr. Smoker helps clients through every step of estate administration, ensuring compliance with Pennsylvania laws. He provides guidance in handling tax implications, resolving claims, and protecting the rights of beneficiaries.

Guardianship Petitions

When a loved one is unable to manage their personal or financial affairs, a guardianship petition may be necessary. Mr. Smoker guides families through the process of appointing a legal guardian, ensuring the petition meets legal standards while prioritizing the best interests of the individual involved.

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Family Law

Family law addresses legal issues related to family relationships and domestic matters. This includes areas such as divorce, child custody and support, adoption, spousal support, and protection from abuse. The primary focus of family law is to ensure fair and just outcomes while prioritizing the best interests of children and other vulnerable parties. It provides a legal framework for resolving disputes, establishing parental rights and responsibilities, and formalizing agreements between family members. Family law also encompasses processes like prenuptial agreements and guardianship, offering solutions for both conflict resolution and proactive planning in family-related legal matters. With a focus on protecting clients’ rights and achieving amicable resolutions when possible, Mr. Smoker provides the advocacy needed during emotionally challenging times.

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Business Law

Business law encompasses the legal principles that govern the formation, operation, and dissolution of businesses. It includes areas like incorporation, contract law, mergers and acquisitions, and compliance with state and federal regulations. Its purpose is to ensure that businesses operate within the law while safeguarding the rights of owners, employees, and stakeholders.

Incorporations

Starting a business requires careful legal structuring. Mr. Smoker advises clients on forming corporations, LLCs, and other entities, ensuring compliance with Pennsylvania laws and positioning businesses for long-term success.

Buy/Sell Agreements

Whether buying or selling a business, a well-drafted agreement is critical to protect interests. Mr. Smoker guides clients through negotiations, contract drafting, and closing processes, safeguarding their financial and legal positions while ensuring smooth transactions.

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Area of Practice

Criminal Defense

Criminal defense focuses on representing individuals accused of committing crimes, ensuring their rights are protected and they receive a fair trial. It includes defending against charges such as theft, assault, drug offenses, DUI, and more serious felonies.

Whether vigorously defending clients at trial or negotiating plea agreements, Attorney Philip Smoker is committed to achieving the best possible outcome, using his deep understanding of criminal law to ensure his clients receive the robust defense they deserve.

Attorney Philip Smoker specializes in the following areas.

Misdemeanor Charges

Misdemeanors are less severe crimes but still carry significant consequences, such as fines, probation, or short-term jail time. Common examples include theft, drug possession, simple assault, disorderly conduct, trespassing, and DUI. While not as severe as felonies, these charges can still result in a criminal record that affects future opportunities. Defending against misdemeanors requires careful attention to the facts of the case and an understanding of local laws to mitigate penalties or seek dismissal.

Theft

Theft as a misdemeanor, such as shoplifting or petty theft, can result in fines, probation, restitution, or even jail time. Mr. Smoker examines the evidence, such as witness statements or surveillance footage, to identify weaknesses in the prosecution’s case. He works to mitigate penalties, negotiate restitution agreements, or seek case dismissal to protect his clients' records and futures.

Drug Possession

Misdemeanor drug possession charges often involve small amounts of controlled substances for personal use, carrying penalties like fines, probation, or mandatory education programs. Mr. Smoker evaluates whether search and seizure procedures were lawful and negotiates for reduced charges or alternative sentencing options, such as diversion programs, to help his clients avoid lasting consequences.

Simple Assault

Simple assault, which includes causing minor injuries or threats without a weapon, can lead to fines, jail time, or protective orders. Mr. Smoker carefully analyzes the circumstances of the incident, including evidence of self-defense or lack of intent. He builds strong arguments to challenge the charges, seeking reduced penalties or case dismissal to protect his clients’ rights and reputations.

Disorderly Conduct

Disorderly conduct encompasses a wide range of behaviors, such as public disturbances, fighting, or excessive noise, often charged as a misdemeanor. Penalties include fines, probation, or community service. Attorney Philip Smoker can help by examining the circumstances of the charge, challenging vague or overreaching allegations, and negotiating for reduced penalties or dismissal where appropriate.

Trespassing

Trespassing involves entering or remaining on someone else’s property without permission. Penalties can include fines or jail time, depending on the severity of the case. Mr. Smoker carefully evaluates whether proper notice was given or if the entry was unintentional, using these factors to build a defense or resolve the case favorably for his clients.

DUI

Driving Under the Influence (DUI) is a common misdemeanor that can result in license suspension, fines, probation, or jail time. Attorney Philip Smoker is experienced in handling DUI cases, often challenging the legality of the traffic stop or accuracy of the breathalyzer test. He works to reduce penalties or secure alternative sentencing, such as rehabilitation programs.

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Felony Charges

Felonies are severe crimes that often involve violence, significant property loss, or serious societal harm. They include burglary, robbery, aggravated assault, drug trafficking, and weapons charges. Felony convictions typically result in significant prison sentences, large fines, and a permanent criminal record that can affect voting rights, professional licenses, and future employment. Defending against felony charges requires an aggressive approach, including challenging the prosecution’s evidence, filing legal motions to suppress, and exploring plea deals or trial strategies to protect the defendant’s rights and future.

Burglary

Burglary involves unlawfully entering a property with the intent to commit a crime. Convictions can lead to significant prison time and long-term consequences. Mr. Smoker analyzes the evidence, including intent and property access, to challenge the prosecution’s claims and negotiate for reduced charges or acquittal.

Aggravated Assault

Aggravated assault is a violent crime involving serious injury or the use of a weapon. Penalties often include long-term incarceration. Attorney Philip Smoker works diligently to uncover mitigating factors, such as self-defense or lack of intent, to protect his clients' rights and reduce penalties.

Robbery

Robbery, which involves theft through force or intimidation, carries severe penalties, including prison time. Mr. Smoker provides thorough representation by examining witness statements, challenging identification errors, and ensuring his clients’ rights are protected throughout the legal process.

Drug Trafficking

Drug trafficking involves the distribution or sale of illegal substances and is treated as a felony. Mr. Smoker scrutinizes every aspect of the case, from the evidence collection process to the credibility of witnesses, crafting a defense aimed at minimizing penalties or securing a favorable outcome.

Weapons Violations

Weapons charges can include unlawful possession, use, or sale of firearms. These charges often involve complex regulations. Attorney Philip Smoker offers skilled representation, ensuring compliance with legal technicalities and advocating for reduced charges or dismissals when violations are not clear-cut.

Sexual Offenses

Sexual offenses, such as assault or exploitation, carry severe penalties and lasting social stigma. Mr. Smoker approaches these cases with sensitivity and rigor, examining evidence and challenging procedural flaws to build a strong defense.

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White-Collar Crimes

White-collar crimes are financial or corporate-related offenses characterized by deceit rather than violence. Common examples include fraud (such as insurance or identity theft), embezzlement, insider trading, and money laundering. These crimes often involve detailed investigations and substantial amounts of evidence, including financial records and electronic communications. Convictions can lead to fines, restitution, imprisonment, and professional consequences, such as disbarment or license revocation. Defense in white-collar cases focuses on scrutinizing evidence, challenging intent, and negotiating favorable outcomes.

Fraud

Fraud encompasses identity theft, insurance fraud, and other deceitful activities for financial gain. Convictions can lead to significant fines and jail time. Attorney Philip Smoker defends clients by uncovering weaknesses in the prosecution’s evidence and presenting mitigating factors to minimize consequences.

Embezzlement

Embezzlement involves misappropriating funds, often within a workplace setting. Mr. Smoker provides a thorough analysis of financial records to challenge the charges and seek alternatives to harsh penalties, such as restitution agreements.

Identity Theft

Identity theft includes using another person’s personal information for unlawful purposes. Mr. Smoker explores defenses like mistaken identity or lack of intent, focusing on protecting his clients from unnecessary penalties and reputational harm.

Money Laundering

Money laundering involves disguising illegally obtained funds. These cases often hinge on financial documentation. Attorney Philip Smoker scrutinizes every detail of the prosecution’s evidence, using his knowledge of financial regulations to challenge charges and seek reduced penalties.

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Other Charges

Certain crimes defy easy categorization but carry severe consequences. Homicide, including manslaughter and murder, involves the unlawful killing of another person and carries life-altering penalties. Arson, cybercrimes, serious traffic violations like vehicular manslaughter, and probation violations also require expert legal defense to navigate. These cases often involve unique challenges, including forensic evidence or technological analysis, requiring a nuanced legal approach.

Homicide

Homicide charges, including manslaughter and murder, carry the most severe penalties in the legal system. Mr. Smoker provides a comprehensive defense, investigating evidence, expert reports, and witness statements to ensure a fair trial and advocate for the best possible outcome.

Arson

Arson, or intentionally setting fire to property, often involves forensic evidence. Attorney Philip Smoker meticulously examines this evidence to identify flaws in the prosecution’s case, working to protect his clients from excessive penalties.

Cybercrimes

Cybercrimes, such as hacking or online fraud, often require specialized knowledge of technology and digital forensics. Mr. Smoker leverages his expertise to challenge the prosecution’s interpretation of digital evidence and defend against these complex charges.

Serious Traffic Violations

Serious traffic violations, including vehicular manslaughter or reckless driving, can lead to substantial fines, license revocation, or imprisonment. Mr. Smoker investigates the circumstances of the incident to present mitigating factors and seek leniency for his clients.

Probation Violations

Violating probation terms can result in harsh penalties, including jail time or extended probation. Mr. Smoker advocates for his clients by demonstrating compliance efforts or contesting allegations, aiming to prevent additional punitive measures.

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Location

Law Offices of Philip Smoker

Location

1500 JFK Boulevard
Suite 1825
Philadelphia, PA 19102
(267) 408-2188contact@philipsmokerattorney.com

Hours

Monday - Friday
9am - 5pm
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