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October 2015 Archives

Prison statistics on drug crime

It has been found that the majority of people in federal prisons in Pennsylvania and around the country are there for drug-related offenses. The prison population has grown 800 percent from 1980 to 2012, and this growth has resulted in some lawmakers calling for reform. Recently, the Senate Judiciary Committee passed a bill cutting back on mandatory minimum sentencing.

Falsely accused of Sex Crimes

Being falsely accused of sex crimes can be a very scary situation. Even just the mere accusation of a sex crime can be life altering. It can change the way that your friends and neighbors view you and how you might be portrayed on the internet and in the newspaper. A conviction of a sex crime is obviously much worse than the mere accusation of a sex crime. Almost all sex crimes in Pennsylvania are graded as felonies and can call for anywhere from seven to twenty years in state prison. In addition, a conviction for a Pennsylvania sex crime almost always requires that the Defendant be subject to the requirements of Megan's Law and register as a Sex Offender. Sex Crimes Lawyer  If you have been falsely accused of a sex crime, contact an experienced Sex Crime Lawyer today.

Downloading Child Pornography

A question clients sometimes ask is: Can I get in trouble for downloading child porn just once? The answer is absolutely yes. Experienced CHild Pornography Lawyers  Under Pennsylvania law, an individual is guilty of a felony of the third degree for possessing child pornography. A felony of the third degree is punishable by a maximum of seven years in prison. An accused is facing this possible seven year penalty for every single piece of child porn found in his possession. Accordingly, if you intentionally download child porn, you could be facing seven years in state prison for every piece of child porn.

Sex Crimes charges

Sex Crimes attorneys specialize in sex crimes.  If you are charged or being investigated with a sex crime, make sure that you retain an experienced and competent attorney and/or law firm to represent you. A conviction of a sex crime can be debilitating. Besides scaring your reputation and name in your community, Read about SORNA  it can also require that you get listed as a sexual offender and comply with the requirements of Megan's Law.

Search Warrant

One of law enforcements greatest assets in the war on crime is the use of search warrants. Search warrants enable the police to enter someone's home and search it for various types of contraband so long as they obtain a search warrant which has been signed and approved by a judge. read about privacy rights in hotels  In order for the police to obtain a search warrant, they must show a judge that they have probable cause to believe that contraband will be found in a defendant's home. If they can do that, then they are granted a search warrant.

Sexting Minors

Sexting minors is an act clouded with peril especially if you are over 18 years of age. If you are an individual aged 18 or over and you engage in sexting with a minor, you are exposing yourself to numerous potential criminal charges. This is especially true if the minor sends explicit pictures of herself or himself in texts.  Read about Child Pornography here. If you have engaged in sexting minors, it is imperative that you speak with an experienced criminal defense attorney before you speak with the police or any law enforcement agency.

Mother sold drugs while children present, report says

A young Pennsylvania mother is facing several drug and other charges after law enforcement officials said they smelled marijuana emitting from her car and discovered drugs, handguns and ammunition in her possession. Police also alleged that the woman was involved in a heroin transaction from her vehicle while her two young children were seated in the back.

Adjudicated Delinquent

Adjudicated Delinquent is the term in Pennsylvania Juvenile Court for when a Defendant is either found guilty or pleads guilty to a misdemeanor or felony crime. In Juvenile Court the term "guilty" is never used. Instead a juvenile is adjudicated delinquent. For the most part, the term adjudicated delinquent has the same legal ramifications as a finding of guilt in adult criminal court in Pennsylvania. Juvenile Criminal Lawyers  If your child is being investigated or is charged with a criminal offense, make sure to hire an experienced juvenile criminal defense attorney to represent him. 

Charged with Sex Crimes

Many people wonder what to do if they are charged with Sex Crimes.   Sex Crimes are some of the most serious charges that you can face in the Pennsylvania criminal justice system. Sex Crimes can range from charges such as Rape which are punishable by up to 20 years in prison to Indecent Assault which is punishable by two years in prison. If you have been charged or are being investigated for a Sex Crime in Pennsylvania, make sure to hire and experienced Sex Crime attorney whom will be able to advise you throughout your case.  Read about Sex Crimes Lawyers here

Preliminary Hearing

Everyone charged with a misdemeanor or felony crime in the state of Pennsylvania is entitled to a Preliminary Hearing. (The only exception is Pennsylvania's Indicting Grand Jury).  At the Preliminary Hearing, the government must prove that there is a prima facie case that (1) an offense has been committed and (2) the defendant has committed it. If the government cannot meet this burden then the case must be dismissed. If the government does meet its burden, then the charges are "held over" and sent up to the Court of Common Pleas.

Indicting Grand Jury in Pennsylvania

For the first time since 1973, District Attorney's throughout Pennsylvania may now use Indicting Grand Juries in lieu of Preliminary Hearings to charge a criminal Defendant with a crime. The law in Pennsylvania used to be that everyone charged with a misdemeanor or felony charge was entitled to a Preliminary Hearing where they could challenge the government's case before a magistrate judge. Now however, new sections of the Pennsylvania Rules of Criminal Procedure which have been enacted by the Pennsylvania Supreme Court permits the government to file criminal charges against an accused through an indicting grand jury. If an accused is indicted by a Pennsylvania Grand Jury, they no longer have a right to a Preliminary Hearing and an opportunity to have their Chester County Criminal Defense Attorney cross-examine witnesses against them.  Representing public officials before the Grand Jury

Legal Definition of Sexual Assault in Pennsylvania

Sexual Assault is a very serious crime in Pennsylvania. Sexual Assault is graded as a felony of the second degree and punishable by up to ten years in prison. Read more about sex assault charges here A conviction for Sexual Assault also means that the Defendant will be required to abide by the terms of Megan's Law. The stigma attached to an individual charged with a sex crime can be debilitating. People frequently assume that someone whom is charged with such a crime is guilty even before they go to trial. If you are being investigated for the crime of Sexual Assault, you should hire an experienced Sexual Assault lawyer immediately. Don't wait for the government to charge you. Start collecting evidence for your defense as quickly as possible.

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

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