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Posts tagged "Criminal Defense"

Criminal Defense rearrest after Preliminary Hearing

Many criminal defendants believe that once they win the Preliminary Hearing in a criminal defense case, they no longer have to worry about being charged with the same crimes a second or even third time. However, that simply is not the law in the Commonwealth of Pennsylvania.  read about Date RapeThe general rule when dealing with Criminal Defense and preliminary hearings, is that a defendant may be rearrested after charges have been dismissed at a preliminary hearing so long as the statute of limitations has not expired. The Superior Court of Pennsylvania has found, however, that in a case in which the Commonwealth has repeatedly rearrested the defendant based on the same conduct with similar charges in order to annoy or harass him or resulting in prejudice, the prosecution may not be permitted to rearrest and recharge a defendant for the same alleged criminal activity. Additionally, under the law in Pennsylvania, the accused who had his charges dismissed by on district justice may have the charges brought against him a second time before another district justice. A second district justice can be chosen by the President Judge at the Court of Common Pleas level.

Criminal Defense Conspiracy

Issues regarding Criminal Defense and Conspiracy and the extent of what co-defendants can be liable for the various acts of their co-conspirators was addressed in the case of the Commonwealth vs. Barnes. In 2002, Maurice Barnes, Robert Goodine, and L.D. Kruger all chipped in and bought a large amount of cocaine in New York, and brought it down to Scranton, Pennsylvania to sell. Kruger and Goodine had guns, but Barnes did not. cyberbullying After a making a few sales in a parking lot, the men began selling drugs out of an apartment owned by Ron Sanders, a known crack addict. A man named Charles Grant comes to the apartment to buy an eight ball of cocaine (3.5 grams.) Upon arriving at the apartment, Grant and Goodine go in the back bedroom to make the deal. Grant gave Goodine $200 for the drugs and was waiting to receive $50 in change. While Grant was waiting to get change from Goodine, he began complaining about the quality of the cocaine. While Grant was looking down at the drugs, Goodine shot him in the head and killed him. Valerie Kizer, Ron Sanders, Maurice Barnes, and L.D. Kruger all witnessed the killing. Kruger fled immediately after the shot was fired, but Barnes stayed. Barnes and Goodine went through Grant's pockets and took his remaining money, as well as all the drugs they gave him. Mr. Barnes was sentenced to 23 years to 47 years imprisonment after the jury convicted him of criminal conspiracy to commit murder in the third degree, and related charges.

Criminal Defense Cyberbullying

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.

Criminal Defense solicitation

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.

Criminal Defense Attempt

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.

Criminal Defense Conspiracy

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.

Criminal Defense eyewitness identification

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.

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 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.

Criminal Defense: Discovery Motion

A Discovery Motion can be a significant portion of pre-trial litigation in Criminal Defense cases. Specifically, if an accused's attorney does not make specific requests for discovery in Criminal Defense Cases via a Discovery Motion, then he might not be able to argue that he should have been given certain items of Discovery pursuant to the Pennsylvania Rule of Criminal Procedure 573. Generally speaking, there are two different types of Discovery that are discussed in Pa Rule of Criminal Procedure 573. Read about Preliminary Hearings  Mandatory discovery, items which the government shall disclose so long as they are requested by the accused's attorney and Discovery items that are left up to the discretion of the court.

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