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April 2017 Archives

traffic offenses driving with a suspended license

Driving with a suspended license can be one of the most serious traffic offenses in the Commonwealth of Pennsylvania. Depending on the specific facts of the case, an accused could be facing a mandatory 60 days in prison for a conviction of such traffic offenses, DUI third offense or if he or she has any priors even a two year minimum mandatory period of time in prison. Make sure to immediately consult or retain and experienced Chester County Criminal Lawyer if you are being investigated for or have been charged with the crime of Driving with a suspended license.

Drug Crimes Intent to Deliver

Until Title 35 of the Pennsylvania Consolidate Statutes entitled Heath and Safety one can find the Drug Act and Drug Crimes in existence in the Commonwealth of Pennsylvania. The most serious of the Drug Crimes which a person can be charged with under Title 35 is found in section (30) which deals with the Delivery or Intent to Deliver a controlled substance to another person. Cocaine Crimes The language under section 30 essentially states that Except as authorized by this act, the delivery, or possession with intent to deliver a controlled substance to another person (such as marijuana, cocaine, heroin or even a prescription medication is a Felony.

Violent Crimes Strangulation

In Pennsylvania, it is a crime to cause physical bodily injury to another person.  Crimes such as this are known as Violent Crimes and Strangulation is one of the newest such crimes.  One of these violent crimes that is a crime is known as strangulation. Assault Crimes A person commits strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by applying pressure to the throat or neck or blocking the nose and mouth of the person. Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section. It is a defense that the victim consented to the defendant's actions.

Criminal Defense Appeals

One of the most fundamental and important procedural and substantive parts of a Criminal Defense case are Appeals or the Appellate process in a Criminal Defense. Appeals enable a criminal defendant to have a higher court, Pennsylvania, the Superior Court, Commonwealth Court or the Supreme Court, review the legal decision made by a Judge. Pornography Crimes Examples of decisions that a criminal defendant may appeal as part of his or her criminal defense are Motions to Suppress evidence, Motions in Limine, Inappropriate Jury Instructions, and/or inappropriate statements made by the government's prosecutor during the trial or the withholding or destruction of evidence by the government's attorney or the police. Make sure that you have retained the services of an experienced Chester County Criminal Defense Attorney if you are considering taking an appeal.

Criminal Defense Guilty Pleas

When it comes to the Criminal Defense and the criminal justice system, there are several different outcomes that your case may result in. There are several different types of Guilty Pleas that you may enter in response to charges that the Commonwealth brings against you as part of your Criminal Defense. Solicitation Three outcomes are known as a negotiated guilty plea, an open plea, and a jury trial.  Once your case had reached the Court of Common Pleas level, your defense attorney can either choose to have your case go to trial or you can plead guilty. If you plead guilty, you are admitting that you committed the crimes that you have been accused of. One of these pleas is known as a negotiated plea. A negotiated plea is also known as a plea deal or a plea bargain. In order for you to have a negotiated plea, you and your attorney have reached an agreement with the prosecutor. It is very unlikely for a judge to reject the plea deal that your defense attorney and the prosecution agree on, but the judge does have a right to do so. A negotiated plea can be positive because you will serve a less severe sentence than you may have if a jury trial were to find you guilty. In addition, when it comes to a negotiated plea, you do not have to face the uncertainty of your sentence not being decided until trial.

Know the options you have for a DUI defense

In our most recent blog post, we discussed what it means for a law enforcement officer to have reasonable suspicion to conduct a drunk driving stop. This is only one of the factors that comes into the picture when you are facing drunk driving charges, but it is an important one. If you can prove that you weren't doing anything that should have resulted in a traffic stop, you might be able to use that as part of your defense.

Criminal Defense solicitation

In Pennsylvania Criminal Defense, it is not only illegal to physically commit a crime, but also to solicit another person to commit a crime. A person is guilty of solicitation to commit a crime, regardless of a Criminal Defense,  if with the intent of promoting or facilitating its commission he encourages or requests or tries to convince another person to engage in specific conduct which would in fact be the commission of a crime. Murder charges To put it simply, a solicitation occurs if you try and convince a friend or another person to commit a crime on your behalf or with you. One of the main elements that the government must prove beyond a reasonable doubt is that you not only solicited someone to commit a crime, but you also did so with the intent to have the other person either commit the crime with you or on your behalf. There is a defense to criminal solicitation that your Chester County defense attorney can argue on your behalf.

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