A criminal defendant who is incarcerated in another jurisdiction is unavailable within the meaning of Rule 600 if the Commonwealth demonstrates by a preponderance of the evidence that it exercised due diligence in attempting to procure the defendant's return for...
DUI ignition interlock employment exemption
by Bellwoar Kelly, LLP | Oct 25, 2017 | DUI
Ignition Interlock is not permissible as a result of DUI convictions. Sometimes an individual will be required, for employment purposes, to drive a vehicle for which it is not feasible to install an Ignition interlock device. Defending DUI § 1556(k) provides...
dui applying for ignition intelock a
by Bellwoar Kelly, LLP | Oct 22, 2017 | DUI
To petition for applying for an Ignition Interlock for a DUI first the individual must have received an official notice of suspension or revocation from PennDOT. This notice must then be presented to an approved Ignition Interlock vendor. The approved vendors are...
DUI Igntion Interlock new rules
by Bellwoar Kelly, LLP | Oct 18, 2017 | DUI
Act 33 of 2016 dealing with ignition interlock was passed on May 25, 2016 and went into effect 15 months later - August 25, 2017. Act 33 created a new section to set out the terms of the new Ignition Interlock law. It requires those with suspended licenses due to DUI...
DUI Ignition Interlock
by Bellwoar Kelly, LLP | Oct 15, 2017 | DUI
Ignition Interlock laws in PA are undergoing huge changes. Pennsylvania Act 33 of 2016 amended Title 75 (Vehicle Code) to create a new "Ignition Interlock Limited License". In Pennsylvania, an Ignition Interlock device prevents a vehicle from being started unless the...
Violent crime charges pose unique challenges for defendants
by Bellwoar Kelly, LLP | Oct 13, 2017 | Violent Crimes
The media is quick to cover violent crimes because people are so infatuated with these type of acts. This fact is one that might have a big effect on a violent crimes criminal justice case. There is a chance that the infatuation with violence and the media coverage...
Treatment Court Drug Court
by Bellwoar Kelly, LLP | Oct 12, 2017 | Treatment Court
Treatment Courts are legal courts that focus primarily on treating the defendant for his or her addictions to alcohol or drugs. Treatment Courts such as Drug Court have been becoming more and more prevalent throughout the Commonwealth of Pennsylvania. Treatment Courts...
VIolent Crimes gun charges
by Bellwoar Kelly, LLP | Oct 8, 2017 | Violent Crimes
One of the more serious types of violent crimes that a criminal defendant can be charged with in the Commonwealth of Pennsylvania is the crime of possession of a firearm with altered manufacturer's number. This Gun Crime and charge can be found in title 18 section...
Sex Crimes SVP
by Bellwoar Kelly, LLP | Oct 5, 2017 | Sex Crimes
One of the biggest issues associated with a conviction of sex crimes and and the associated SORNA requirements, is that a defendant can be found to be a sexual violent predator SVP. Child Endangerment Specifically, once a criminal defendant is convicted...
New report shows troubling increase in violent crimes
by Bellwoar Kelly, LLP | Oct 4, 2017 | Violent Crimes
The annual report about crimes has recently come out. The news that this report contains for the southwestern Pennsylvania is hard to digest because it shows that violent crime in this area has increased. The number of rapes, aggravated assaults, robberies and murders...
Sex Crimes SORNA
On Behalf of Bellwoar Kelly, LLP | Oct 3, 2017 | Sex Crimes
Sex Crimes are extremely serious crimes to be charged with. Not only are the majority of sex crimes in the Commonwealth of Pennsylvania felonies with maximum penalties of up to 20 years in state prison, but Sex Crime convictions also call for the implementation of...