In Pennsylvania, whenever a person is charged with the commission of a crime, whether it is a violent crime, sexual offense, drug offense, DUI, etc., that offense always carries a maximum sentence of incarceration. It is best to think of a maximum sentence as a ceiling. It is important to note: just because a crime has a maximum sentence does NOT automatically mean the person will always be incarcerated. Instead, Pennsylvania statutes state that, depending on the crime, that person may not be incarcerated beyond a certain time. In addition to maximum sentences, depending on the type of crime alleged, there may also be minimum mandatory sentences.
Intermediate Punishment Program (IPP) is available to those who have been charged with DUI. IPP is a sentencing alternative. It provides an option for those who have been charged with a DUI a decreased period of incarceration. In order for a person to receive the benefits of Chester County IPP, he must complete the application (which includes attending alcohol highway safety school, complete a CRN evaluation, and complete a full drug and alcohol assessment), the adult probation office must recommend that the candidate is eligible for IPP, and at sentencing, the judge must impose the IPP sentence.
DUI cases involve a number of strategic options for someone who allegedly committed that crime. In order to determine which option is best for you, it is important to contact an experienced and aggressive criminal attorney immediately after you have been charged.
Pennsylvania law provides for presumptive sentences for people who violate the terms of their state parole. This blog will discuss the presumptive ranges for a person who is in violation of his state parole due to a new conviction.
The attorneys at the Kelly Law Firm are experienced when it comes to dealing with drug offenses. When a case involves drug crimes, often times the alleged crime is a result of the police searching the accused, his home, belongings, or car. In those cases, the Kelly Law Firm specialized in drafting and arguing suppression motions. In a recent case, the Kelly Law Firm successfully argued for the suppression of over 94 grams of crack cocaine.
School discipline for students with learning disabilities is often a stressful time for the student and his parents. Students who have been diagnosed with a learning disability are given an I.E.P. (Individualized Education Program) if they attend a public or charter school during grade school, middle school, or high school. If that student allegedly commits a rules violation and, as a result, the school seeks a change of placement (i.e. suspension for ten days or expulsion), the student is entitled to certain procedural safeguards.
Public School Students who have been diagnosed with a recognized learning disability are awarded additional rights pursuant to IDEA. Therefore, when a school tries to implement a punishment against a protected student with a learning disability, the law provides that student with procedural safeguards before the school may impose the punishment.
Faiure to comply with the SORNA registration requirements in Pennsylvania can lead to very serious consequences. Under the new Pennsylvania Megan's law, now known as SORNA, a person convicted of an enumerated offense must register with the State Police. This registration requires the individual to provide basic general information: social media websites, employment, vehicle information, residential information, etc.
The Individuals with Disabilities Education Act (IDEA) is a statute which protects the rights of students between the ages of three years old to twenty one years old who have learning disabilities. IDEA is a federal statute which applies in every state. This statute grants students who have a learning disability four basic rights: (1) free appropriate education (meaning the child is provided a free public education which meets his specific needs); (2) least restrictive environment (meaning, if possible, the student is educated in an environment with students who do not have learning disabilities); (3) the school provides the child with supplementary aids to help the child through the curriculum; and (4) the school performs an assessment on the child to determine his specific needs.
When a juvenile is charged with committing a crime, the Court must hold an adjudicatory hearing to determine whether the juvenile did, in fact, commit the crimes of which he is charged.
Juvenile criminal cases require different procedures than adult criminal cases. This entry will deal with a situation where a juvenile is detained prior to an adjudication hearing. This entry will provide a brief overview of the the statutory requirements for detention hearings.