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April 2016 Archives

DUI: 2 hour rule

Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood alcohol content must be measured as over .08% within two hours of his having driven on a roadway. read about implied consent here  If the blood is drawn more than two hours after an accused was operating a vehicle, then it is per se inadmissible in a court of law. The Pennsylvania Superior Court made this holding in the case of the Commonwealth vs. Segiday (holding that the Commonwealth's evidence was insufficient to support either of Segida's convictions - under 3802 §§ (a)(1) or (c));

Suppression issues: What are Exigent Circumstances?

Suppression of eviidence means that the evidence is not allowed in court.  In search and seizure cases, there is one Suppression issue that arises with great frequency, and that is, when do the police not need a search warrant to enter and search my home. In this blog, we will be exploring various circumstances when the police do not need a search warrant to enter your home.  read about drug crimes Almost all of these instances involve something called exigent circumstances. Exigent circumstances are circumstances where there is something going on in the case such that the police are not required to get a search warrant. Examples of this are the destruction of evidence, safety of other people or the police are engaged in a hot pursuit of an accused.

What is Pennsylvania's ignition interlock law?

In an effort to decrease the number of highway crashes and deaths, reduce the number of people convicted of a second or subsequent DUI offense and to increase highway safety, the state of Pennsylvania passed the Ignition Interlock Law. When someone is convicted of a second DUI or more, he or she is required to have an ignition interlock system on each vehicle that he or she owns, leases or operates for at least a year. However, a one-year suspension of his or her driver's license must be served first.

Violent Crimes: Possessing an Offensive Weapon

One particular type of Violent crimes that an individual can be charged with in the Commonwealth of Pennsylvania is the charge of Possessing an Offensive Weapon. Under this statute an Offensive weapon is defined as a firearm as well as a litany of other types of weapons which many people possess. Possessing a firearm charge  This list of weapons includes obvious weapons such as bombs (pipe bombs etc), sawed-off shotguns with a barrel less than 18 inches, metal knuckles, daggers, knifes, razors or cutting instruments, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, and even tasers.

Sex Crimes: Rape charges and defenses

Sex Crimes in the state of Pennsylvania can be very serious charges. Charges such as Rape, Sexual Assault and Aggravated Sexual Assault are all serious felony cases. Convictions for Sex Crimes such as these frequently require that a Judge sentence an accused to a lengthy state prison sentence. This blog will explore various defenses to Sex Crimes 25 year minimum mando for sex crimes  and when and if they are applicable. As always, contact an experienced Chester County Sex Crimes Attorney if you have been convicted of or you are being investigated for a sex crime.

Defending Underage Drinking Cases

PBT is a portable breath test used in underage drinking cases.  One of the most frequent crimes young college students may be charged with is the crime of Underage Drinking. This blog will discuss various ways of Defending Underage Drinking Cases. In the state of Pennsylvania, read about pbt's hereUnder age drinking is codified in Title 18 section 6308. The charge of Underage Drinking is specifically called: Purchase, consumption, possession or transportation of liquor or malt or brewed beverages. The statute specifically states that a person commits a summary offense if he is less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages in the state of Pennsylvania.

Defending DUI cases

A DUI conviction can be absolutely debilitating to a person and even their family. A conviction for a DUI can mean much more than just a license suspicion for a year or a year and a half. DUI basics  A conviction for a DUI can mean a state conviction depending upon the specific circumstances of the dui and the number of previous dui convictions that an accused has. Rather than exploring the actual crime of DUI and the possible penalties that an accused can face, in this blog we will explore the various defenses that an individual may have.

Violent crimes: Firearms not to be carried without a license

In regards t violent crimes in the state of Pennsylvania, people may only possess a firearm which is concealed on his or her person or in his or her vehicle if they are licensed to carry a firearm in the Commonwealth. Violent Crime Attorneys  This crime can be found Under Title 18 section 6106 of the Pennsylvania Crimes Code. It is imperative that you hire an experienced Chester County Violent Crimes Attorney if you have been charged or are being investigated for this crime.

Extradition motions hearings and laws in Pennsylvania

Extradition motions, hearings and laws in Pennsylvania are fairly straightforward.  Extradition is the term used for a prisoner or individual who is being held in custody in one state as a result of a bench warrant for his arrest in another state. This blog is going to specifically deal with individuals either arrested or being held in another state as a result of an open bench warrant in the state on Pennsylvania. A bench warrant is a warrant that was issued for a person's arrest by a Judge in the state of Pennsylvania. Oher criminal motions  When an accused is arrested or picked up in another state for an open bench warrant out of Pennsylvania, he does have certain rights under the law.

What is a hate crime?

A hate crime is, in many ways, the same as any other criminal offense. An assault can be a hate crime, for example, as can arson. The difference simply lies in the motive behind the crime.

Child Pornography: pitfalls of used computers and adult Porn

In the state of Pennsylvania, the crime of Possession of and Dissemination of Child Pornography is a very serious offense. Both crimes are graded as felonies of the third degree and punishable by a maximum of seven years in prison and a $15,000 fine. Under the law, an accused can be charged with a separate count of child pornography for each and every picture of child pornography found on his or her computer.  Child Pornography attorney Many people would be shocked to learn used computers that you may purchase from a friend or on craigslist or adult pornography that you may try to download from the internet may have child pornography on them or embedded in them.

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