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January 2017 Archives

Man facing murder charge from 1991 murder, fights extradition

The 1991 murder of an elderly woman from Pennsylvania remained unsolved until recently. DNA evidence led police to her suspected killer, but the authorities are now having to fight to get him back to Pennsylvania to face these charges because he is fighting extradition.

Drug Delivery Resulting in Death

Drug Delivery Resulting in Death is an extremely serious offense. Drug Delivery in Death is a relatively new Pennsylvania statute that was drafted as a result of the large onset of individuals overdosing on Heroin mixed with fentanyl. In order to be found guilty of this very serious charge Drug Crimes Marijuana, the government must prove the following criminal elements beyond a reasonable doubt: First, the government must prove that the defendant intentionally delivers or gives or sells any controlled substance (but typically heroin) in violation of section 13(a)( (30) of the Pennsylvania Drug Act and that other person that the drugs were given to dies as a result of using the substance.

What are the blood alcohol concentration limits in Pennsylvania?

One of the primary factors in many drunk driving cases is what the person's blood alcohol concentration is at the time they are stopped. Pennsylvania law sets some specific limits for various situations, so if you are stopped for drunk driving, you should be prepared to learn more about these points.

Drug Crimes Marijuana

Drug Crimes Marijuana.  Marijuana use and possession are Drug Crimes and illegal in many different states across the United States, including Pennsylvania. It is a crime to possess both large amounts for the purpose of distribution or small amounts for personal use. Under the Pennsylvania Controlled Substances, Drug, Device and Cosmetic Act, a "small amount of marijuana" is 30 grams or less of marijuana and 8 grams or less of hashish. Just because the cocaine crimes amount of marijuana found on your person is less than 30 grams does not mean you are not able to be charged with possession with intent to deliver, a much more serious offense. If it is under 30 grams of marijuana, a way for the court to determine if it is for sales is by assessing factors such as whether the marijuana was individually packaged and if you are not found in possession of paraphernalia to indicate personal use. Possession of a small amount of marijuana for personal use is an offense that is taken seriously in Pennsylvania.

Violent Crimes Simple Assault

One of the most common Violent Crimes that occur in the Commonwealth of Pennsylvania, are Violent Crime such as Simple Assault. In terms of Violent Crimes, there are several different types of Simple Assault. One of the least common types of simple assault can be found under Title 18 in section 2701(a)(4). This type of Simple Assault is part of a new statute which focuses on assaults against law enforcement officers via the use of a hypodermic needle. These types of cases can be serious. assault crimes They are graded as a misdemeanor of the second degree and therefore punishable by a maximum of 2 years in state prison and a five thousand dollar fine. Make sure to seek out an experienced Chester County Criminal Defense attorney if you are being investigated or have been charged with this crime.

cyber harassment of a child

In this day and age, almost everything is doing via technology. Whether it be reading the news or socializing with friends, there is a variety of things that can be done by utilizing technology and the internet. When using the internet, it is not uncommon to face harassment over the internet. In Pennsylvania, harassing someone else online is a serious offense. child endangerment This offense is known as cyber harassment of a child. A person commits cyber harassment of a child if he, with intent to harass, annoy or alarm, the person engages in a continuing course of conduct of making any of the following by electronic means directly to a child or by publication through an electronic social media service: seriously disparaging statement or opinion about the child's physical characteristics, sexuality, sexual activity or mental or physical health or condition; or threat to inflict harm. Cyber harassment of a child is a serious offense that is not taken lightly.

violent crimes harassment

​ ​In Pennsylvania, violent crimes such as harrassment resulting from harassing and annoying another person is an offense that is not taken lightly. This violent crimes offense is known as harassment. A person commits the crime of harassment when, with intent to harass, annoy kidnapping or alarm another, the person strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same; follows the other person in or about a public place or places;  additioanlly violent crimes such as harrassment require engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose; communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; communicates repeatedly in an anonymous manner; communicates repeatedly at extremely inconvenient hours; or communicates repeatedly in a manner other than specified in the statute. The grading of your harassment offense relies on a number of different factors.

Chester County Recovery Court

Chester County Recovery Court is an excellent program which offers and accused the chance to drastically reduce their sentence if the agree to enter in the Chester County Recovery Court Program. The Chester County Recovery Court program permits individuals accused of certain crimes who are also suffering from either drug addiction or alcohol addiction the opportunity to become involved in the Chester County Recovery Court program. ARD program Individuals accepted into the program have the opportunity to have their sentences reduced by nearly 75% so long as they abide by the rules of the program.

Death penalty handed down after mass shooting trial

Dylann Roof, the man who admitted to committing the mass shooting that killed nine people in a church, was recently sentenced to death. Roof opted to represent himself during the sentencing phase of the trial. He didn't fight against the death penalty at all. In fact, he didn't cross-examine any witnesses or make any coherent statements.

criminal defense false swearing

Criminal defense false swearing charges.  There may be situations in your life where you find yourself making statements under oath or equivalent affirmation by law in a criminal case. If you find yourself in this situation, it is important to be as honest as possible when making any type of statement under oath. It is a crime in Pennsylvania to make a statement under oath that you know to be is false. Date rape This offense is known as false swearing. A person commits false swearing in official matters if he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true if: the falsification occurs in an official proceeding; the falsification is intended to mislead a public servant in performing his official function. If you are found guilty of this offense, you may face criminal charges.

Theft from a motor vehicle

In Pennsylvania, it is illegal to take someone else's physical property without their permission. There are several different statues that specify the different types of theft that are illegal. One of these types of theft is known as theft from a motor vehicle. fraud According to the Pennsylvania crimes code, a person commits theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away, or exercises unlawful control over any movable property of another from a motor vehicle with the intent to deprive him thereof. There are several different elements that determine how your theft from a motor vehicle charges will be graded.

Child pornography sentence leads man to tears

A man who was convicted of possessing, receiving and distributing child pornography in May was sentenced last month to 12 years in prison. The man — a former Army colonel — cried when he heard the sentence. On top of the time in prison, he will have to serve 10 years of supervised release once he gets out of prison.

Violent Crimes kidnapping

In Pennsylvania, it is a serious offense and consiidered one of few violent crimes of kidnapping to remove a person from the place of his parent or guardian or against his will. This offense is known as kidnapping. According to title 18 section 2901 of the Pennsylvania crimes code, a person commits kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions: possession of firearm at school to hold for ransom or reward, or as a shield or hostage; to facilitate commission of any felony or flight thereafter; to inflict bodily injury on or to terrorize the victim or another; to interfere with the performance by public officials of any governmental or political function. Kidnapping is a serious offense and if you are found guilty you could face serious penalties.

DUI third offense

Driving under the influence is a crime that is never taken lightly. If you find yourself facing DUI charges and it is not your first offense, you will face much harsher penalties. Third offense DUI's are the most serious of driving under the influence offences. DUI basics Third offense DUI's are broken down into three tiers. These tiers are known as general impairment, high impairment, and highest impairment. There are several different factors that determine which tier your DUI is classified under.

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