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.
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.
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.
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.
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.
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.
One of the primary defenses in Criminal Cases is the defense of self-defense. Self-Defense can be used as a defense in Criminal Cases for a number of different reasons. First, an accused can use self-defense in order to defend himself, other people that he is with or may know and even his property. In the Commonwealth of Pennsylvania, the law of self-defense is addressed in the Doctrine which is familiarly known as the Castle Doctrine. Assault Crimes The Castle Doctrine, which gained quite a bit of attention in the Florida homicide case against Mr. Zimmerman, involves the notion that people (specifically an accused), does not have a duty to retreat or run away from an aggressor. Specifically, an accused has the right to stand his ground. And that notion is certainly true if an accused is in his dwelling, home or residence at a time when people are attempting to forcibly enter.
In Pennsylvania, for Criminal Defense cases, attempting to commit a crime can land you with just as harsh as a punishment as actually committing a crime. A person commits an attempt when, with intent to commit a specific crime, Conspiracy he does any act which constitutes a substantial step toward the commission of that crime. Misapprehension of the circumstances that would have made it impossible for the accused to commit the attempted crime is not a defense to criminal attempt. You are able to use renunciation as a defense.
In Pennsylvania Criminal Defense case, the charge of conspiracy is taken very seriously. Simply conspiring to commit a crime will earn you just as harsh of a penalty as actually committing the crime. A person is guilty een if he presents a solid Criminal Defense of conspiracy if he agrees to commit a crime with another person or persons with the intent of promoting or facilitating its commission he and agrees with another person that they will commit the crime or an attempt or solicitation to commit the crime; eyewitness identification or agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
Eyewitness identification in Criminal Defense is one of the major tools that the government uses to put together its case against a criminal defendant. The government in its case before a jury, must be able to prove that it was the accused that committed the crime and not Fraud some other random person. Since eyewitness identification of a defendant is so paramount in criminal cases, the government frequently uses pre-trial lineups as seen in movies such as the Usual Suspects, or pre-trial picture lineups. Pre-trial lineups have come under a lot of scrutiny recently as a result of being unduly suggestive and occasionally tainted.