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Law Offices of Kelly & Conte's Blog

Criminal Defense Violation of Probation

Probation is defined in Criminal Defense cases as part of a particular type of sentence given to a defendant that requires certain conditions and requirements while allowing them to remain in the community. Under the influence of marijuana Probation can also be in addition to a required jail sentence, however this will follow the time served in jail. While on probation, defendants are sometimes kept under strict supervision, and follow all rules put in place. When probationers do not abide by the guidelines given, this is considered a probation violation. The violation of probation occurs when someone ignores, avoids, refuses, or break the terms and conditions during the probation period. These types of things can include not appearing to court or to a probation officer, failing to pay fines, traveling out of state or to restricted places, possessing drugs, committing a new crime, or getting arrested again. After violating probation, a probation officer will determine what steps to take next depending on if it is a first violation or the severity of the violation. In minor cases, a probation officer can give a warning, while a major case can result in a hearing at court. During a hearing, the prosecution will have to prove beyond a preponderance of the evidence that a violation occurred, and if so consequences will apply. Consequences can include extended probation, additional terms for probation, time in jail, or a revoked probation sentence.

Violent Crimes Harassment

One type of violent crimes that is primarily involved in domestic abuse cases is the crime of harassment. domestic violence Harassment is defined as different behaviors under both civil and criminal laws. Criminal behaviors are actions against another person is generally an action such as a shove a push or a punch. However, these actions only qualify as a type of harassment if the shove or push is intended to alarm, annoy, cause fear, torment, or terrorize the victim causing the victim to fear for her safety. These actions are general forms of harassment which is graded as a summary and therefore punishable by a maximum of 90 days in prison and a $300 fine. There are other types of harassment which are more serious under the law such as stalking and cyberstalking. Stalking is defined as consistent harassment that can cause someone to have emotional distress. Harassment can be communicated through telephones, emails, text messages, or any other form of communication, which can result in cyberstalking.

College Crimes Public Drunkenness

A conviction for College Crimes such as Public Drunkenness can reflect very poorly on a young man or woman attending college. Although it is not as serious a crime such as Driving Under the Influence or Possession of narcotics, it is a crime that carries significant negative connotations. Public drunkenness is graded as a summary offense in the Commonwealth of Pennsylvania. Accordingly, a conviction for this crime can carry a maximum of 90 days incarceration and a $300 fine. school hearings Public Drunkenness can be found under Title 18 Section 5505 of the Pennsylvania crimes code. A person who is guilty of public drunkenness appears to be under the influence of alcohol or a controlled substance in a public place. Public intoxication laws are put in place to prevent people from from disturbing others, or causing harm to themselves or others. However, these laws do require that these three elements are present in order to create a criminal charge; appearing to be, drunk or intoxicated, in public.

Tougher DUI penalties signed into law

Driving under the influence in Pennsylvania carries tougher penalties now that the state's governor has signed a bill into law. A felony charge for some third offenses and an increased prison sentence for DUI-related vehicular homicide are just some of the changes that have been made.

Under the new law, a third offense with a BAC of .16 percent or higher is a felony offense, which means that a conviction can bring tougher penalties than a third offense with that BAC level did previously The law also includes stiffer penalties for driving with a suspended license, and prohibition of being intoxicated while being the passenger of a driver with a learner's permit.

Violent Crimes Resisting Arrest

Convictions for Violent Crimes such as Resisting Arrest can lead to serious consequences for the accused. assault crimes Resisting arrest is a misdemeanor of the second degree in Pennsylvania under Title 18, Section 5104 of the Pennsylvania Crimes Code. Resisting arrest is defined as an accused intending to prevent an officer from making an arrest or any other official duty. Additionally, this resistance can create a risk of the officer suffering bodily injury, or the resistance requires the officer to use substantial force to overcome the resistance. When being charged with resisting arrest, it is the prosecutions job to prove that the following elements are present; first that the defendant reasonably knew that they were resisting a law enforcement officer, they intentionally resisted, and that the officer performed in a lawful manner. Actions that are considered as resisting arrest are struggling against or attacking an officer during an arrest, giving an officer a false name or information, or requiring an officer to use more effort to arrest you.

College Crimes Assaults on college campuses

Different types of assaults that occur on college campuses, generally known as college crimes, are sexual assaults, physical assaults, simple assaults, aggravated assaults, and verbal assaults. Date Rape Many students report experiencing some type of assault or violence on college campuses each year. Some of the most prominent forms on violence that occur at colleges include, but are not limited to; hate crimes, hazing, rape and sexual assaults, stalking, and vandalism. When charged with any form of assault on college campuses there are consequences both through the university and also local law enforcement. A student can be charged with a simple assault or aggravated assault when accused of sexual or physical assaults. Simple Assault is a misdemeanor charge that alleges that a defendant caused injury or attempted to cause injury to another person. Aggravated Assault is a felony crime where a defendant is charged for intentionally causing serious bodily injury to another person. A conviction for these types of violent crimes can lead to imprisonment and certainly probation. It is important for an accused to retain the legal services of an experienced college crimes lawyer if charged with an assault.

College Crimes Committed During College Homecomings

College Crimes that are committed during college homecomings almost always involve alcohol or illegal drugs. carrying a fake ID Colleges are known for their annual homecomings that occur in their fall semesters between October and November of each year. College homecomings are defined as a tradition of welcoming former students and members back to the university to celebrate the organizations existence. Special activities included in homecoming events are football games, parades, reunions, and tail-gaiting. In almost all events, the consumption and possession of alcohol and drugs are at an all time high. As a result many police are active due to an expectancy of criminal complaints being made. Common complaints result in several college students being arrested and/or charged with misdemeanor or summary offenses. In more severe cases, felony charges may be brought against a student by the campus police. Crimes that are common during this period and frequently brought by the West Chester Campus Police are public drunkenness, under-aged drinking, false-identification, driving under the influence, disorderly conduct, and assaults. Police are active on college campuses during this time to prevent crimes, and to enforce the law through the university.

Investigation for Sex Crimes

Sex crimes can constitute many different things as various offenses fall into this category, however they all involve sexual conduct against another person that is illegal or coerced. Common offenses that are defined as sex crimes include rape, statutory sexual assault, prostitution, indecent exposure, and child pornography. corruption of minors If you are charged with any of the above, or other types of sex crime, it is best to contact an experienced sex crimes lawyer immediately. The investigation of a sex crime begins with an alleged victim who will give certain information to police. One of the main factors to consider in this investigation is how and why did the alleged victim contact the police. Was it through a mandatory reporter such as a counselor or nurse and did the alleged victim have a motive to falsify the alleged sexual assault. Following that, you may be contacted for an interview or statement in regards to the charges brought against you. If contacted, you should decline to speak and immediately contact a lawyer here at the Law Offices of Kelly and Conte for assistance and guidance in legal representation.

Trump said to be mulling birthright citizenship executive order

Voters in Pennsylvania and around the country will be heading to the polls on Nov. 6 to cast ballots in what many are calling the most important midterm election in decades, and politicians from both sides of the political aisle are turning to hot-button issues to whip up enthusiasm among their supporters as the crucial vote draws near. President Trump has often used his stance on immigration to separate himself from his political opponents, and his opinions on the matter became headline news once again on Oct. 30.

Journalists and analysts seized on the issue when comments Trump made in an interview scheduled to be aired just days before polls open were leaked to the press. Trump said in the interview that he was considering issuing an executive order that would end birthright citizenship in the United States. This would mean that children born to individuals who are living in the United States illegally would no longer automatically be granted U.S. citizenship.

Violent Crimes What do I Do If Under Investigation for Murder?

One of the last questions a defendant wants to ask when being investigated for committing various violent crimes is What should I do if I am under investigation for murder? assault crimes Homicide which is one of the most serious types of Violent Crimes that an accused can face, is defined as the killing of another human being. Murder (with different degrees) and manslaughter are types of homicide that an accused can face. First degree murder is done with the intent and premeditated decisions to kill another person. Second degree murder involves a murder that occurs when a death occurs following other violent felony crimes, such as robbery, kidnapping, rape, burglary or arson. Specifically, the accused and another person agree to commit a robbery and during the robbery the victim dies. This is an example of second-degree murder. Third degree murder is defined in Pennsylvania as the killing of another with malice. Meaning that the defendant did not intend to kill the victim, like under first degree murder, but acted with malice in his heart.

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