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November 2016 Archives

Criminal Defense False Identification

In Pennsylvania, it is not uncommon for people to possess a fake ID. People can be charged and will need a Criminal Defense for False Identification charges.  Fake identification cards are often used for activities such as minors purchasing alcohol or entry into clubs or bars. These charges are called False Identification and almost always require a Criminal Defense.  Although these activities may seem harmless and as if they do not affect others, carrying a fake ID is a very serious offense. A person commits carrying a false identification card if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor aggravated assault while DUI or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card. There are a few different elements that will affect the sentence you receive.

Criminal Defense Institutional Vandalism

In Pennsylvania, a charge that cromes up in Criminal Defense is Institutional Vandalism.  it is a crime to vandalize, deface, and destroy anyone's property without consent. This crime involving Criminal Defense issues is known as institutional vandalism. Pert title 18 section 3307(a) of the PA crimes code, a person commits institutional vandalism if he knowingly desecrates, vandalizes, defaces or otherwise damages: any church, synagogue or other facility or place used for religious worship or other religious purposes; any cemetery, mortuary or other facility used for the purpose of burial domestic violence or memorializing the dead; any school, educational facility, community center, municipal building, courthouse facility, State or local government building or vehicle or juvenile detention center; the grounds adjacent to and owned or occupied by any facility set forth in the statute; and any personal property located in any facility set forth in this subsection.

How do drugs affect the ability to drive?

People often take medications or do drugs without ever thinking about how that decision could impact their ability to drive safely. The fact of the matter is that drugs, including medications that are legal, can impair you. If you are caught driving while you are impaired, you could face criminal charges for driving under the influence of drugs. This is akin to drunk driving charges.

traffic offenses accidents involving death or personal injury

In Pennsylvania, car accidents are a common occurrence that happen daily. Unfortunately, traffic offenses accidents involving death or personal injury are very serious.  Sometimes car accidents result in death or personal injury for one or more of the people involved. According to title 75 section 3742(a), if the driver does not stop, then traffic offenses accidents involving death or personal injury may be charged.  Under the statute, the driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but aggravated assault while DUI shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary. Any person violating this section commits a misdemeanor of the first degree. If you are found guilty, you could face a possible penalty of up to five years imprisonment and/or fines up to $10,000.

traffic offense overtaking school bus

In Pennsylvania, it is a traffic offense when overtaking a school bus.  It is against the law to not stop as you approach a school bus with their red signals flashing. This traffic offense is known as meeting or overtaking school bus. Meeting or overtaking a school bus is one of the most serious traffic offenses in Pennsylvania. DUI basics A person commits meeting or overtaking a school bus if the person is a driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway fails to stop at least ten feet before reaching the school bus when the red signal lights on the school bus are flashing and the side stop signal arms are activated. The driver of a vehicle approaching an intersection at which a school bus is stopped shall stop his vehicle at the intersection until the flashing red signal lights are no longer actuated. In addition, the driver shall not proceed until the school children who may have alighted from the school bus have reached a place of safety. The driver of a vehicle must stop when approaching an intersection in which a school bus is stopped until the school bus has turned off its flashing red signals. If the flashing lights are amber and not red, the driver may cautiously proceed and be prepared to stop.

violent crimes possession of weapon on school property

In Pennsylvania, violent crimes such as possession of weapon on school property is a serious offense.  You should consult with a Chester County attorney if you have been charged with violent crimes such as possession of a weapon on school property.   A person commits this crime if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed Manslaughter by the Department of Education or any elementary or secondary parochial school. So whether you possess a weapon on actual school property or in a school bus on the way to or from school, you are committing this offense. Weapons include but are not limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.

Federal criminal cases require intense concentration

Facing criminal charges of any type can affect your life. When those charges are federal charges, you are likely facing a very difficult battle. Federal prosecutors have experience and resources that make them formidable opponents in the courtroom. We know that you might be very concerned about the outcome of your case.

Violent crimes, possession firearm at a court

In Pennsylvania, violent crimes such as possession of a firearm at a court are very serious. Violent Crimes like this are known as possession of a firearm or other dangerous weapon in court facility. Per title 18 section 913 subsection (a)(1) of the Pennsylvania crimes code, a person commits this offense if he knowingly possesses a Aggravated Assault of an unborn child firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility. Per subsection (a)(2) of the Pennsylvania crimes code, a person commits possession of firearm or other dangerous weapon in court facility if he knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime. Subsection (e) of the statute states that free lockers or similar facilities are required to be made available at or within the building containing a court facility for the temporary checking of firearms or for the checking of other dangerous weapons that are not otherwise prohibited by law. Notice of the provisions of subsections (a) and (e) must be posted at the public entrance at each courthouse or other building containing a court facility.

Drug Crimes: Corrupt Organization

In Pennsylvania, the General Assembly finds Drug Crimes: Corrupt Organization is a crime implaemented to punish organized crime which the legislature deems is a highly sophisticated and widespread phenomenon. Prison stats Drug CrimesVarious patterns of unlawful conduct including the illegal use of force, fraud, and corruption drain billions of dollars a year from the national economy and accordingly is punishable as Drug Crimes: Corrupt Organization. It is common for the large quantities of money and power accumulated by organized crime to be used to infiltrate and corrupt legitimate businesses in Pennsylvania. This type of infiltration and corruption are an outlet for illegally  and Drug Crimes obtained capital and harms innocent investors, entrepreneurs, merchants and consumers. In addition, it interferes with free competition. Corrupt organizations are a substantial danger to the economic and general welfare of the Commonwealth.

Violent Crimes Criminal Coercion

In Pennsylvania, Violent Crimes such as Criminal Coercion occur if someone restricts another person's freedom by threatening them. Violent Crimes such as this are known as Criminal Coercion. Per title 18 section 2906 of the PA crimes code, a person commits criminal coercion if, with intent unlawfully to restrict freedom of action of another to the detriment of the other, he threatens to commit any criminal offense; accuse anyone of a criminal offense; expose any secret tending to subject any person to hatred, contempt or ridicule; or take or withhold action Assault Crimes as an official, or cause an official to take or withhold action. It is not uncommon for criminal coercion charges to arise from heated situations such as an emotional divorce. Criminal coercion charges can also arise from violent crimes such as the robbery of a bank. There are a few different defenses to criminal coercion that your defense attorney can argue to the prosecution.

Federal firearm charges are serious matters

Firearms charges aren't ever something that should be taken lightly, especially when they are federal charges. A person who is a convicted felon who is found in possession of a firearm could face a 10-year prison sentence, according to the Offices of the United States Attorneys. In some cases, such as when the person has three violent felonies, a 15-year minimum sentence is necessary upon conviction.

Interference with custody of children

​In Criminal Defense cases in Pennsylvania, it is a crime to take a child from its parents or guardian without permission.  This crime is known as interference with custody of children. Per the PA crimes code title 18 section 2904, a person should retain a Criminal Defense attorney if he is accused of interference with custody of children.  An accused can be convited if he Perjury knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so. You can be charged with this crime whether the child in your custody is your child or not. There are several different defenses that you can argue to interference with custody of children. It is a defense that the actor believed that his action was necessary to preserve the child from danger to its welfare; or the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or the actor is the child's parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.

Violent Crimes False Imprisonment

In Pennsylvania, Violent Crimes such as False Imprisonment occur if someone is detained or restrained without their consent. Violent crimes such as this are known as false imprisonment. Per the Pennsylvania crimes code, a person commits a false imprisonment if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. False imprisonment is commonly associated with crimes such as a bank robbery or a home invasion. The restrain does not have to be physical, it can be a threat. If an armed suspect broke into your home and told you to stay face down on the ground or else he will shoot you, that is false imprisonment. If you commit false imprisonment, you are committing a misdemeanor of the second degree. If you are found guilty, you face a possible penalty of up to two years imprisonment and/or fines up to $5,000. If the victim is a minor Assault Crimes and you are not the victim's parent, you are committing a felony of the second degree. If found guilty, you could face a possible penalty of up to ten years imprisonment and/or fines up to $25,000. If the victim is a minor and you are the parent of the victim, you are still committing a felony of the second degree. This type of scenario is common when it comes to divorced or separated couples and their children. Ultimately, false imprisonment is not only a criminal wrong but also a civil wrong, so you can be charged both criminally and civilly.

Violent Crimes Unlawful Restraint

In Pennsylvania, unlawfully holding another person against his will is a serious offense and one of the more Violent Crimes of Unlawful Restraint. Violent Crimes such as this are known as Unlawful Restraint. Per the PA crimes code Title 18 section 2902(a), aggravated assault unborn child a person commits unlawful restraint if he knowingly restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or holds another person in a condition of involuntary servitude. If you commit this offense, you are committing a misdemeanor of the first degree. If found guilty, you face a possible penalty of up to five years imprisonment and/or fines up to $10,000. Per Title 18 section 2902(b), unlawful restraint of a minor where offender is not victim's parent is a felony of the second degree. If you are found guilty, you face a potential penalty of up to ten years imprisonment and/or fines up to $25,000. These types of situations are common when it comes to events such as burglaries and home invasions.

White Collar Crimes Perjury

In Pennsylvania, it is a type of White Collar Crime to make a false statement during a judicial proceeding. This White Collar Crime is known as Perjury. Per Title 18 Section 4902, a person commits Perjury if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true. Fraud Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It Is not a defense to prosecution that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. Otherwise, there are several defenses to prosecution that can be used.

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