One of the more obscure Motions that an attorney can file in a criminal defense case is a Motion to Suppress evidence which is a violation of the Pennsylvania Wiretap Act. It can be argued that evidence which the police obtained either directly or indirectly should be suppressed (or kept out of court), if it was obtained in violation of the Pennsylvania Wiretap Act. Attorney Evan Kelly The Pennsylvania Wiretap Act can be found in Title 18 section 5702 and 5703 and 5704. Specifically, Section 5704 of the Pennsylvania Wiretap Act states that a private citizen may not intercept a wire (phone call) or oral communication unless all parties involved in the communication (conversation) have given prior consent to the conversation being intercepted or recorded.
Extradition motions, hearings and laws in Pennsylvania are fairly straightforward. Extradition is the term used for a prisoner or individual who is being held in custody in one state as a result of a bench warrant for his arrest in another state. This blog is going to specifically deal with individuals either arrested or being held in another state as a result of an open bench warrant in the state on Pennsylvania. A bench warrant is a warrant that was issued for a person's arrest by a Judge in the state of Pennsylvania. Oher criminal motions When an accused is arrested or picked up in another state for an open bench warrant out of Pennsylvania, he does have certain rights under the law.
Pennsylvania permits the filing of omnibus pretrial motions. These motions range in the type of the issues that can be challenged and the type of relief sought. For instance, one type of omnibus pretrial motion is known as a motion to suppress which is used to challenge the legality of police conduct and requests the court to preclude the Commonwealth from introducing evidence seized as a result of the police conduct. Another type of pretrial motion is a habeas motion which challenges the sufficiency of the evidence the Commonwealth introduced at the preliminary hearing and requests the court to dismiss some or all of the charges against the defendant.
Pennsylvania Rules of Criminal Procedure permits a severance of charges or severance of defendants in criminal trials. This rule is generally made upon motion of the defense. This rule is permitted to be used if the moving party may be prejudiced by offenses or defendants being tried together.
Evan Kelly successfully argued a Rule 600 motion in Chester County Court of Common Pleas. Based on Mr. Kelly's motion, cross-examination during the motion hearing, and argument, his Order requesting that the charges against his client be dismissed for failure to comply with Pennsylvania Rule of Criminal Procedure 600 was Granted.