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The Kelly Law Firm Law Offices of Kelly & Conte
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The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

February 2014 Archives

Evan Kelly wins Rule 600 motion in Insurance Fraud Criminal Case: Charges Dismissed

Evan Kelly successfully argued a Rule 600 motion in Chester County Court of Common Pleas. Based on Mr. Kelly's motion, cross-examination during the motion hearing, and argument, his Order requesting that the charges against his client be dismissed for failure to comply with Pennsylvania Rule of Criminal Procedure 600 was Granted.

Update in Pennsylvania Rule of Criminal Procedure and Effects on Drug and DUI Cases

In Pennsylvania, in drug crimes and DUI the Commonwealth was required to call the lab technician to testify to the fact that the item seized or possessed was a controlled substance, and specify the weight of the controlled substance, or testify to the amount of alcohol or controlled substance in someone's blood while operating a motor vehicle.

New Grading Enhancement for Burglary and Robbery

Pennsylvania has recently passed a new law that increases the grading for burglary and robbery. This new law increases the crime of Burglary when a person enters a building or structure not adapted for overnight use (under section 18 Pa.C.S.A. §3502(a)(4)) to a felony of the first degree, which carries a 20 year maximum sentence, if the district attorney can prove the actor's intent upon entering the structure was to take a controlled substance.

Sentencing Enhancement for Sexual Abuse of Children in Pennsylvania

Pennsylvania has recently changed their body of laws dealing with sexual abuse of children from Megan's Law to SORNA. SORNA has greatly increased the number of crimes that require sex offender reporting, reporting requirements, and the impact of sentencing.

Grading Increases for Stalking and Harrassment Offenses in Pennsylvania

In Pennsylvania, stalking and harrassment are listed under violent crimes or crimes against the person.  Stalking is ordinarily a misdemeanor of the first degree, which carries a maximum sentence of 5 years in prison.  If, however, the stalking occurs in violation of a protection from abuse (P.F.A. order) the grading changes to a felony of the third degree, which carries of a maximum sentence of 7 years in prison.

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Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
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