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February 2017 Archives

Bad Act Evidence

Bad Act Evidence is something that has been very relevant in Pennsylvania criminal law recently. Specifically, this is true in the case of the Commonwealth of Pennsylvania vs. Bill Cosby. In that case the Montgomery County District Attorney's Office is attempting to bring in Bad Act Evidence against Bill Cosby in order to show that he sexually assaulted the alleged victim. The government in that case attempted to bring in evidence that Cosby sexually assaulted more than a dozen Evidence other women in addition to the alleged victim that he is accused of sexually assaulting. The government tried to bring in this evidence of Cosby's alleged other crimes, in an attempt to show that he had the same motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident

Violent Crimes Stalking

Violent crimes such as stalking are very serious. An accused or individual suspected of committing such a crime should immediately attempt to retain or speak with an experienced Chester County Criminal Lawyer. In order to be found guilty of violent crimes such as stalking, the government must prove the following elements beyond a assault crimes reasonable doubt.

Know the options in drug cases and how they affect you

We recently discussed the various drug classifications that can have an impact on criminal charges that are levied against a person. This is important information because some drugs have harsher penalties associated with them. What the drug classification doesn't change is the need to fight back against the charges.

Defenses to Underage Drinking

In Pennsylvania, the crime of Underage Drinking is called Purchase, consumption, possession or transportation of liquor or malt or brewed beverages and appears under Title 18 Pa. C.S. 6308. carrying a fake ID There are a number of defenses to the charge of underage drinking, but before we review all of these defenses to the charge of underage drinking, it is helpful to review what the government must prove beyond a reasonable doubt. Please remember to retain the services of an experienced Chester County underage drinking attorney if you have been charged with this crime.

DUI fourth offense

In Pennsylvania, driving under the influence is a crime that is not taken lightly. For each subsequent DUI offense you are convicted of your penalties will grow harsher and harsher. DUI marijuana If you are being charged with a fourth offense DUI, it is likely that you will be facing a state prison sentence and should have some sort of understanding of the proceedings of the case. The severity of your punishment from a fouth offense DUI relies on which of the three tiers of fourth offense DUIs your case falls under. Out of the three tiers, tier one is the lowest.

What types of drug classifications are there?

Under the Controlled Substances Act, drugs are divided into five classifications, which are called schedules. The system rates the drug based on whether it is acceptable for medical use and how likely it is to be abused. While many illegal drugs are high on the schedule list, so are some legal prescriptions because they have the potential to lead to addiction and drug abuse.

Appeals, appealing a sentence

It is very difficult to get a higher court in the Commonwealth of Pennsylvania to overrule a criminal sentence given by a trial court judge. The law of the Commonwealth in the realm of Appeals and appealing a criminal defendant's sentence is that sentencing is generally a matter vested in the sound discretion of the trial court. expungements The Pennsylvania Superior Court has specifically found that the deference paid to the trial court does not necessitate a rubber stamped approval of the sentences imposed by the sentencing court, however, great discretion is given to the sentencing court. An accused or criminal defendant found guilty and sentenced by a sentencing court should strongly consider hiring an experienced Chester County Appeal Attorney.

State Intermediate Punishment

State Intermediate Punishment is a program called SIP which is helpful for inmates in the Pennsylvania State Prison system with drug or alcohol problems.  If you have been convicted of a drug-related offense and are looking for options other than State Prison, there are different types of programs that you may be eligible for.  drug delivery resulting in death One of these programs is known as State Intermediate Punishment (SIP). The SIP program is designated for those who have been convicted of a drug-related offense and are low-level inmates. If you have been convicted of any violent offense, sex offense, or an offense involving the use of a deadly weapon, you are likely disqualified for this program.

Violent Crimes Causing or Risking Catastrophe

In Pennsylvania, one of the types of violent crimes that you can be charged with is the crime of causing or risking catastrophe. It is a crime in the Commonwealth of Pennsylvania to cause a major panic in a public place. This crime is known as causing Manslaughter or risking catastrophe. A person causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful destructive force or substance, or by any other means of causing potentially widespread injury or damage, including selling, dealing in or otherwise providing licenses or permits to transport hazardous materials. A person commits a felony of the first degree if he commits this offense intentionally or knowingly. If found guilty, you face a possible penalty of up to 20 years and/or fines up to $25,000. A person commits a felony of the second degree if he does so recklessly. If found guilty, you face a possible penalty of up to 10 years imprisonment and/or fines up to $25,000. Even if you do not actually cause a catastrophe, you are still committing a crime.

Violent Crimes Propulsion of missiles

Violent Crimes Propulsion of missiles.  There are a numerous amount of Violent Crimes that an individual can be charged with in the Commonwealth of Pennsylvania. One of these Violent Crimes is Propulsion of Missiles. There are two different parts to the statute of Propulsion f Missiles. 1991 Murder The first deals with Missiles directed toward occupied vehicles and the second deals with Missiles directed towards roadways, which in Pennsylvania can be normal roads and streets in addition to many parking lots. An individual can be convicted of this crime of Propulsion of Missiles if the government can prove the following criminal elements beyond a reasonable doubt.

Flight to avoid apprehension

In Pennsylvania, it is a crime to try and avoid consequences from the law. This crime is known as flight to avoid apprehension, trial or punishment. A person commits this crime if he willingly conceals himself or moves or travels within or outside this Domestic Violence Commonwealth with the intent to avoid apprehension, trial or punishment. Flight to avoid apprehension, trial or punishment is a serious offense and carries harsh penalties. The grading of the offense depends on a few different factors, but in almost all cases requires a period of incarceration. Make sure to speak with or retain and experienced Chester County Criminal Lawyer if you are being investigated for the crime of Flight to avoid apprehension.

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