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Criminal Defense Archives

criminal defense false swearing

Criminal defense false swearing charges.  There may be situations in your life where you find yourself making statements under oath or equivalent affirmation by law in a criminal case. If you find yourself in this situation, it is important to be as honest as possible when making any type of statement under oath. It is a crime in Pennsylvania to make a statement under oath that you know to be is false. Date rape This offense is known as false swearing. A person commits false swearing in official matters if he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true if: the falsification occurs in an official proceeding; the falsification is intended to mislead a public servant in performing his official function. If you are found guilty of this offense, you may face criminal charges.

criminal defense criminal mischief

In Pennsylvania, it is a crime to destroy property that you do not own without permission. Criminal Defense attorneys are very helpful when charged with the crime of criminal mischief.  This crime which is serious and requires a criminal defense is known as criminal mischief. In Pennsylvania, a person commits criminal mischief if he damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means; intentionally or recklessly tampers with tangible property of another so as to endanger person or property; intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; intentionally defaces or otherwise false identification damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device; intentionally damages real or personal property of another; or intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.

Criminal Defense false ID to law enforcement

When dealing with law enforcement, it is important to be as honest as you possibly can to avoid any penalty. For Criminal Defense purposes, it is a crime to give false ID to law enforcement.  Additionally, for Criminal Defense purposes, showing False ID to Law enforcement can have serious consequences.  In Pennsylvania, Public Drunkeness it is a crime to falsely identify yourself to law enforcement officers and it is taken very seriously. This crime is known as False identification to law enforcement authorities. A person commits False identification to law enforcement authorities if he furnishes law enforcement authorities with false information about his identity after being informed by a law enforcement officer who is in uniform or who has identified himself as a law enforcement officer that the person is the subject of an official investigation of a violation of law. This offense is not taken lightly and if you are found guilty you will receive harsh consequences.

Criminal Defense furnishing drug free urine

In Pennsylvania and criminal defense it is a crime for furnishing drug free urine to another.  Under Criminal Defense law, furnishing drug free urine to another can occur in order to help someone beat a drug test.  Urine drug testing is used in many different situations for an array of reasons. If you have ever been hired to a new job, it is likely that you were required to give a urine sample for a pre-employment drug screening. Another common situation for urine drug test is if you are on probation or parole you may be required to frequently give samples. dui In these types of situations, it is common for people to find themselves looking for shortcuts or methods to pass a drug test with substances in their system. A popular method is by substituting someone else's clean urine in place of your own. It is a crime in Pennsylvania to furnish drug-free urine. A person commits unlawful sale or attempt if he offers for sale, sells, causes to be sold or gives drug-free urine will be used for evading or causing deceitful results in a test for the presence of drugs. In addition, a person commits use or attempt if he uses or attempts to use drug-free urine for the purpose of evading or causing deceitful results in a test for the presence of drugs.

Criminal Defense False Identification

In Pennsylvania, it is not uncommon for people to possess a fake ID. People can be charged and will need a Criminal Defense for False Identification charges.  Fake identification cards are often used for activities such as minors purchasing alcohol or entry into clubs or bars. These charges are called False Identification and almost always require a Criminal Defense.  Although these activities may seem harmless and as if they do not affect others, carrying a fake ID is a very serious offense. A person commits carrying a false identification card if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor aggravated assault while DUI or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card. There are a few different elements that will affect the sentence you receive.

Criminal Defense Institutional Vandalism

In Pennsylvania, a charge that cromes up in Criminal Defense is Institutional Vandalism.  it is a crime to vandalize, deface, and destroy anyone's property without consent. This crime involving Criminal Defense issues is known as institutional vandalism. Pert title 18 section 3307(a) of the PA crimes code, a person commits institutional vandalism if he knowingly desecrates, vandalizes, defaces or otherwise damages: any church, synagogue or other facility or place used for religious worship or other religious purposes; any cemetery, mortuary or other facility used for the purpose of burial domestic violence or memorializing the dead; any school, educational facility, community center, municipal building, courthouse facility, State or local government building or vehicle or juvenile detention center; the grounds adjacent to and owned or occupied by any facility set forth in the statute; and any personal property located in any facility set forth in this subsection.

Interference with custody of children

​In Criminal Defense cases in Pennsylvania, it is a crime to take a child from its parents or guardian without permission.  This crime is known as interference with custody of children. Per the PA crimes code title 18 section 2904, a person should retain a Criminal Defense attorney if he is accused of interference with custody of children.  An accused can be convited if he Perjury knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so. You can be charged with this crime whether the child in your custody is your child or not. There are several different defenses that you can argue to interference with custody of children. It is a defense that the actor believed that his action was necessary to preserve the child from danger to its welfare; or the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or the actor is the child's parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.

Criminal Defense Underage Drinking

In Pennsylvania Criminal Defense, it is a crime of Underage Drinking for anyone under the age of 21 to consume, possess, purchase, or transport alcohol. This crime of Underage Drinking is known as purchase, consumption, possession or transportation of liquor or malt or brewed beverages, commonly referred to as underage drinking in Criminal Defense cases. Criminal Defense Criminal Mischief  According to the Pennsylvania Crimes Code, a person commits this crime if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possess or knowingly and intentionally transports any liquor or malt or brewed beverages. Whether you are drinking alcohol or have it on your person, if you are under the age of 21 it is illegal. If you are a minor and you are arrested on underage charges, the police department who arrested you is required by law to notify your parents or guardians of the charges. If you commit purchase, consumption, possession or transportation of liquor or malt or brewed beverages, you are committing a summary offense. If you are found guilty, you may be sentenced to pay a fine of up to $500 for your first violation and up to $1,000 for the second and each subsequent violation. In addition to fines, you will also lose your driver's license. For the first offense, you will lose your operating privilege for a period of 90 days. For the second offense, you will lose your operating privilege for a period of one year. For the third offense, you will lose your operating privilege for a period of two years. There are some exceptions to this statute that protect you from being charged with this crime under certain circumstances.

Criminal Defense and Criminal Mischief

In Pennsylvania concerning Criminal Defense, criminal mischief charges are among some of the most common charges that people face. Criminal mischief charges could arise from situations such as spray painting someone's house or throwing a rock through someone's car window. In such cases, an accused should hire a Criminal Defense Attorney.  There are several different acts that are covered in the PA Crimes Code under the statute criminal mischief. A person is guilty of criminal mischief if he damages tangible property of another intentionally, recklessly, or by negligence using fire, explosives, or other dangerous means; intentionally or recklessly tampers with tangible property of another so as to endanger person or property; intentionally or recklessly causes another to suffer pecuniary loss by deception or threat;Disorderly Conduct intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can or similar marking device; intentionally damages real or personal property of another; or intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.

Criminal Defense, Disorderly Conduct

In Criminal Defense law in Pennsylvania, disorderly conduct charges are fairly common. Disorderly Conduct charges are common in Criminal Defense due to the fact that the disorderly conduct statute in PA covers a variety of different behaviors. It is a broad statute that allows law enforcement to gain control over situations that involve large crowds of people. According to the PA Crimes Code, "a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: engages is fighting or threatening, or in violent or tumultuous behavior; makes unreasonable noise;  preliminary hearings uses obscene language, or makes an obscene gesture; or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor". The purpose of the statute is not to punish any behavior deemed obnoxious or annoying, but rather to protect society from behavior that disrupts peace.

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Law Offices of Kelly & Conte
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West Chester, PA 19382

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