Although there is no crime called cyberbullying in the realm of Criminal Defense, there are several specific crimes in the Pennsylvania Crimes Code which are used by law enforcement to combat allegations of cyberbullying. Assault Crimes Cyberbullying in the realm of Criminal Defense essentially is the term used when either adults or juveniles are bullying someone of the internet. Examples of cyberbullying typically occur on facebook, Instagram or snapchat. Both law enforcement and schools have become more aggressive in combating allegations of cyberbullying by instituting policies to deal with any instance of alleged bullying. The main questions raised in this blog are when is cyberbullying a crime in the realm of Criminal Defense.
Drug charges come in a variety of types. Each specific charge has certain elements that must be present in order for the case to move forward. One type of drug charge that some people will face is possession with the intent to distribute.
Possession with the intent to distribute is a crime that has to have two distinct elements. A person must be in possession of the drug in question. There must have been something that would lead a person to believe that the drugs were intended for distribution.
In Pennsylvania criminal defense, it is a crime to move in an idle manner and to make stops for no reason in the course of a trip at night time. This crime whereby someone stays in a given area at night for no purpose is known as loitering and prowling at night time. A person commits this crime if while at night time maliciously loiters or maliciously prowls around a house where someone is living or indecent assault any other place used wholly or in part for living or a place where someone stays overnight which belongs to someone else or is occupied by another. Loitering and prowling at night time is a serious offense and may require that the accused spends time in jail. Make sure to contact an experienced Chester County Criminal Defense Lawyer if you are being investigated for or have been charged with this crime.
One of the primary ways for the government to prove beyond a reasonable doubt that an accused is guilty of DUI is through the use of chemical testing. Chemical testing composes of two different types of tests. First, the testing of an accused's blood, which is typically drawn at a hospital, and second, the testing of an accused's breath. Defending DUI cases An accused does have the right to refuse chemical testing when he or she is being investigated for a dui, however, refusing to consent to chemical testing will have an adverse effect on an accused's right to possess a driver's license. In Pennsylvania, any criminal defendant who refuses to consent to the chemical testing of his blood when he has been lawfully arrested for the charge of dui will receive at least a one year license suspension of his driver's license.
You love your family members, even the ones who don't always make the best decisions. If your loved one is on drugs, you might find out that he or she is facing drug charges. These are very serious charges that must be taken seriously. We know that you only want to help your loved one. While we fully understand that you want to help, make sure that you are actually helping and not enabling.
There are some cases in which a person facing drug charges will actually get help with a conviction. Think about how much a program like drug court could help them. The participants have to go through rehabilitation and they are subject to frequent and random drug tests.
Defendant's charged with a crime almost always have a right to reasonable bail in the practice of Criminal Defense. Although there are a few exceptions to the right of bail, such as Defendant's accused of First Degree Murder, under Pennsylvania Criminal Defense, Defendants have a right to be placed on bail. The Courts take several factors into account when setting bail. Preliminary Hearings First, they look at the seriousness of the crime, the criminal defendant's prior record, whether or not there was a victim involved in the case and there is fear of reprisal by the defendant and generally whether or not the Defendant is a flight risk. The Court looks at all of these factors when determining what an accused's bail should be. Make sure that you retain the services of an experienced Chester County Criminal lawyer if you are facing criminal charges and are concerned about how high the Judge will set your bail.
Some people who are facing federal charges are facing the harshest penalty possible in the criminal justice system -- death. Many people don't realize that there is a federal death penalty that some defendants who are charged with murder can face.
The federal death penalty is usually reserved for people who are convicted of murdering federal officials, treason, espionage, kidnapping that results in a death or running a large scale drug operation. All told, the current federal death penalty is possible for 60 crimes. Only three of those don't involve a murder. Even though this sentence is possible, it isn't likely.
Driving with a suspended license can be one of the most serious traffic offenses in the Commonwealth of Pennsylvania. Depending on the specific facts of the case, an accused could be facing a mandatory 60 days in prison for a conviction of such traffic offenses, DUI third offense or if he or she has any priors even a two year minimum mandatory period of time in prison. Make sure to immediately consult or retain and experienced Chester County Criminal Lawyer if you are being investigated for or have been charged with the crime of Driving with a suspended license.
Facing federal charges for anything is a frightening experience. If you are in the midst of a federal criminal matter, you should make sure that you understand a few basic points.
The federal government has a lot of resources that it can pour into criminal cases, so you can't go into one of these cases with a rushed defense. A rushed defense could end in disaster. Make sure that you take the time you have available to work on your defense. Consider these points:
Until Title 35 of the Pennsylvania Consolidate Statutes entitled Heath and Safety one can find the Drug Act and Drug Crimes in existence in the Commonwealth of Pennsylvania. The most serious of the Drug Crimes which a person can be charged with under Title 35 is found in section (30) which deals with the Delivery or Intent to Deliver a controlled substance to another person. Cocaine Crimes The language under section 30 essentially states that Except as authorized by this act, the delivery, or possession with intent to deliver a controlled substance to another person (such as marijuana, cocaine, heroin or even a prescription medication is a Felony.