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The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

May 2017 Archives

Theft Deceptive or Fraudulent Business Practices

Pennsylvania Statute 4107 Title 18 in the Pennsylvania Crimes Code defines what makes certain business transactions illegal or fraudulent or a type of theft in the eyes of the law. Burglary There are a variety of ways in which both the buyer and the seller can violate this statute thereby committing a theft. If either party possesses a tool or device that provides a false measurement to record any quality or quantity of goods or services being provided, the transaction becomes fraudulent. If the seller does not deliver the represented quantity of said commodity or service of what was agreed upon during the transaction, then it is a fraudulent business practice as well. The reverse side of that is when the buyer is in charge of weighing out or measuring the goods and they take more than what was agreed upon.

Drug Crimes Marijuana Grow House

You don't read much about Marijuana Grow House's as Drug Crimes in Pennsylvania it seems, as a result of the discussions surrounding the impending legalization of marijuana. Marijuana Grow House's generally refer to homes which are in existence for the sole purpose of growing marijuana. Typically, people operating out of grow house's produce the marijuana for the purpose of selling it. The penalties associated with Drug Crimes such as possessing and/or selling marijuana are serious.  Drug Crimes and Recovery Specifically the Drug Crime of Manufacturing and/or distributing marijuana or possessing marijuana with the intent to sell it or give it to another person is graded as a felony. A conviction for this crime can bring about a stiff penalty which is based on the amount of marijuana that is sold or being grown. Fines for a conviction for this crime can range from $5,000 to $25,000 and jail time can reach up to 10 years in prison if the accused has been convicted before of a felony drug crime. Make sure to consult with an experienced Drug Crimes attorney if you are being investigated for operating or residing in a grow house in Pennsylvania.

Consider options when mandatory minimum sentences are present

Violent crimes are some of the most serious crimes that are handled in the criminal justice system. These charges often come with the possibility of serious penalties. When you are charged with a violent crime, such as murder, rape or assault, you need to explore the options that you have for a defense.

Drug Crimes and Recovery

One of the biggest issues in Criminal Defense are Drug Crimes and Recovery. Frequently, there are two different types of criminal defendants charged with Drug Crimes: those that are in the business of dealing drugs and do not use them and those that are addicted to drugs. Heroin  This blog will deal exclusively with drug charges involving people who are addicted to drugs and who should strongly consider Recovery. Many counties, including the counties of Chester, Delaware, Lancaster, Berks and Montgomery Counties have various programs created to assist addicts recover from their addictions. These programs are known as Drug Court and Recovery Court. And many of these programs enable criminal defendants to receive lighter sentences and in some cases the complete withdrawal of all criminal charges.

Criminal Defense Cyberbullying

Although there is no crime called cyberbullying in the realm of Criminal Defense, there are several specific crimes in the Pennsylvania Crimes Code which are used by law enforcement to combat allegations of cyberbullying. Assault Crimes  Cyberbullying in the realm of Criminal Defense essentially is the term used when either adults or juveniles are bullying someone of the internet. Examples of cyberbullying typically occur on facebook, Instagram or snapchat. Both law enforcement and schools have become more aggressive in combating allegations of cyberbullying by instituting policies to deal with any instance of alleged bullying. The main questions raised in this blog are when is cyberbullying a crime in the realm of Criminal Defense.

Criminal Defense Loitering & Prowling at night time

In Pennsylvania criminal defense, it is a crime to move in an idle manner and to make stops for no reason in the course of a trip at night time. This crime whereby someone stays in a given area at night for no purpose is known as loitering and prowling at night time. A person commits this crime if while at night time maliciously loiters or maliciously prowls around a house where someone is living or indecent assault any other place used wholly or in part for living or a place where someone stays overnight which belongs to someone else or is occupied by another. Loitering and prowling at night time is a serious offense and may require that the accused spends time in jail. Make sure to contact an experienced Chester County Criminal Defense Lawyer if you are being investigated for or have been charged with this crime.

DUI chemical testing

One of the primary ways for the government to prove beyond a reasonable doubt that an accused is guilty of DUI is through the use of chemical testing. Chemical testing composes of two different types of tests. First, the testing of an accused's blood, which is typically drawn at a hospital, and second, the testing of an accused's breath. Defending DUI cases An accused does have the right to refuse chemical testing when he or she is being investigated for a dui, however, refusing to consent to chemical testing will have an adverse effect on an accused's right to possess a driver's license. In Pennsylvania, any criminal defendant who refuses to consent to the chemical testing of his blood when he has been lawfully arrested for the charge of dui will receive at least a one year license suspension of his driver's license.

Help your loved one go through the criminal justice process

You love your family members, even the ones who don't always make the best decisions. If your loved one is on drugs, you might find out that he or she is facing drug charges. These are very serious charges that must be taken seriously. We know that you only want to help your loved one. While we fully understand that you want to help, make sure that you are actually helping and not enabling.

Criminal Defense Bail

Defendant's charged with a crime almost always have a right to reasonable bail in the practice of Criminal Defense. Although there are a few exceptions to the right of bail, such as Defendant's accused of First Degree Murder, under Pennsylvania Criminal Defense, Defendants have a right to be placed on bail. The Courts take several factors into account when setting bail. Preliminary Hearings First, they look at the seriousness of the crime, the criminal defendant's prior record, whether or not there was a victim involved in the case and there is fear of reprisal by the defendant and generally whether or not the Defendant is a flight risk. The Court looks at all of these factors when determining what an accused's bail should be. Make sure that you retain the services of an experienced Chester County Criminal lawyer if you are facing criminal charges and are concerned about how high the Judge will set your bail.

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Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
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