Chapter 41 of Title 18 of the Pennsylvania Crimes Code addresses forgery and fraudulent practices and theft offenses. § 4110 of the Pennsylvania General Assembly specifically addresses theft charges such as defrauding secured creditors. A person commits...
Probable cause and suppression motions
by Bellwoar Kelly, LLP | Jul 26, 2017 | Suppression
Suppression motions may be filed by lawyers to keep evidence out of court. Probable cause to arrest exists when the facts and circumstances within the police officer's knowledge and of which the officer has reasonable trustworthy information are sufficient in...
Criminal Defense absconding witness
On Behalf of Bellwoar Kelly, LLP | Jul 23, 2017 | Criminal Defense
One crime that appears from time to time in the realm of criminal defense and criminal law is the crime of Absconding witness. The crime of Absconding witness appears in Title 18 under section 5125 of the Pennsylvania crimes code and requires a competent criminal...
DUI warrant less blood draw
On Behalf of Bellwoar Kelly, LLP | Jul 16, 2017 | DUI
The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On...
DUI 2 hour rule
On Behalf of Bellwoar Kelly, LLP | Jul 11, 2017 | DUI
Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual...
Suppression Spoilation of Evidence
by Bellwoar Kelly, LLP | Jul 9, 2017 | Suppression
Suppression Motion may be filed by defense attorneys in order to keep out evidence. One type of suppression motion deals with the Spoilation of evidence which deals with the intentional or unintentional destruction of evidence by the government-typically...