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Law Offices of Kelly & Conte's Blog

Lancaster County Defense Attorney

Criminal Defense is a specialiazed area of the law and being confronted with a crime can be a scary event. Here at the Law offices of Kelly & Conte we specialize on Criminal Defense in Lancaster County and other surrounding County's. As former county prosecutors, Assistant District and Deputy District Attorneys, we have both prosecuted thousands of criminal cases ranging from First Degree Murder cases to Driving Under the Influence. Sex Crimes Lawyers We know what the government has to prove in order to gain a conviction. And we know that the techniques that the police and detectives use in order to gain convictions. Contact us today for a free consultation on your Lancaster County case.

Truthfulness can help you to avoid criminal perjury charges

When you are placed under oath or sign any document that is considered legal and binding, you are expected to be truthful. When you fail to tell the truth in anything legal, you could face a perjury charge. This is a serious matter that must be addressed accordingly.

There are many reasons why you are expected to tell the truth on legal documents. One of the primary ones is that your statement might be used to help a judge or jury make a decision about a case. Whether the case is a criminal case or a civil matter, your sworn statement might be one that sways the outcome. In other cases, certain financial obligations, such as child support or alimony, are based on your sworn testimony.

Schuylkill County Drug Delivery Resulting in Death

A person commits a felony of the first degree if the person intentionally administers, delivers, gives, or sells any controlled substance such as heroin or oxy pills or counterfeit controlled substance in violation of section 13(a)(30) which deals with the delivery of narcotics to another. heroin crimes The Crimes of Drug Delivery resulting in death is an extremely serious crime and punishable by a maximum of 40 years in state prison. The drug used in these types of crimes is typically heroin. Typically this charge can involve the delivery of the drug from individuals that are drug dealers or, in the alternative, from fellow users who go an obtain the drug so that they can both use the drug together. In both of these situations, the accused is facing a maximum of 40 years in state prison.

Refiling charges dismissed at a Preliminary Hearing

At a Preliminary Hearing, one of two things can happen. The District Justice can hold the charges against the criminal defendant and send the charges to the Court of Common Pleas where the defendant will have a jury trial or the district justice can dismiss the criminal charges. What are Preliminary Hearings If the charges are dismissed the government can re-file the criminal charges dismissed at the Preliminary Hearing. While the Commonwealth, may re-file charges after a dismissal at the preliminary hearing, there are limits to its authority to do so, and even greater limits on its ability to seek that the matter be reassigned to a different magistrate. For example, the Commonwealth must refile charges prior to the expiration of the statute of limitations, and the Commonwealth may not reinstitute the charges in an effort to harass the defendant or where the refiling would prejudice the defendant.

Considering self-defense in a violent crime case

There is hardly ever a need for things to turn violent, but there are also many instances in which you just can't help but allow things to go there. When you do have to get violent, there is a good chance that you are going to end up facing criminal charges for those actions. This is never a good thing, but it can be downright disheartening when you were merely trying to defend yourself or someone else when you had to get violent.

We understand that you probably didn't mean for things to turn out the way they did, but you might have felt like you didn't have any other option. We can help you work on a defense strategy when this happens.

Lancaster County Drug Court Drug Crimes

Many courts have diversionary programs which permit criminal defendants to have the charges against them withdrawn so long as they complete and comply with certain conditions. One of these types of diversionary programs is the Lancaster County Drug Court Program which permits defendants to go on it if they are accused of certain drug crimes. Heroin Lancaster County is located west of Chester County and has one of the more stringent law enforcement programs and justice systems in the state. Despite this, Lancaster County has an excellent Drug Court Program. Drug Court is a program which enables criminal defendants charged with crimes related to drug use, such as possession or even the delivery of narcotics to another, to go on a period of probation for about two years and have their charges withdrawn so long as they perform certain tasks. These tasks typically are attending Alcoholics Anonymous meetings or narcotics Anonymous meetings, stay clean, comply with testing and report in with a probation officer as directed.

A hate crime is a very serious matter for anyone to face

Violent crimes are difficult to face, even in the best of circumstances. There are some instances in which you might be accused of committing the violent crime as a hate crime. This adds another layer of challenges and complexities to the criminal case.

A hate crime is one that is initiated because of a person's sexual orientation, race, national origin, religion, ethnicity, gender or another similar status. These crimes are taken very seriously and often come with enhanced penalties for people who are convicted of them.

Know about drunk driving charges in Pennsylvania

There is one thing that all adults who drink alcohol should do right now -- take a few moments to learn what the laws in Pennsylvania say about drunk driving. You shouldn't think that these charges are minor nuisances. Instead, you have to treat them like very serious issues because they can have an impact on multiple facets of your life.

There are three levels of blood alcohol concentration (BAC) that qualify for drunk driving charges in this state. The first is general impairment, which is anything from a level of .08 to .1. The next is high BAC, which is from .1 to .159. The final one is highest BAC, which is anything higher than .16.

Sex Crimes Statutory Sexual Assault

Statutory Sexual Assault is a very serious Sex Crimes charge. It is graded generally as a Felony of the second degree therefore punishable by a maximum of ten years in prison and a $15,000 fine. Now Statutory Sexual Assault may also be graded as a felony of the first degree if the defendant engages in sexual intercourse with a person is under the age of 16 and there is more than 11 years difference in their age. Child Pornography A Felony of the first degree is punishable by 20 years in state prison and a $20,000 fine. Statutory Sexual Assault used to be called Statutory Rape in the Pennsylvania Crimes Code, however that was later changed. Additionally, a conviction for this crime does not necessarily trigger a SORNA or Megan's Law requirement. An individual convicted for this crime only must comply with Megan's Law if there was more than an 8 year difference in age between the defendant and the alleged victim.

Vehicle Searches

Search and seizure involving vehicle searches is very similar to that of homes. When it comes to vehicle searches it is well -settled that Article 1 section 8 of the Pennsylvania Constitution is not simply a mirror-image of the 4th Amendment. Moreover, the Pennsylvania Supreme Court has stated repeatedly in interpreting Article 1 section 8, that provision is meant to embody a strong notion of privacy, carefully safeguarded in this Commonwealth for the past two centuries. arrest warrants Thus, it can fairly be stated that the Pennsylvania Constitution affords a greater degree of protection for a citizen's privacy interests than the United States Constitution. "The polestar of the expanded protection afforded by Article 1 Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interests. Thus, when it comes to vehicle searches, the government and its officers must prove that they complied with these requirements under the Pennsylvania constitution. In these situations the court will determine whether the Commonwealth has met its burden of proof that an officers entry was permissible in the first place under the totality of the circumstances and based upon the evidence presented at the hearing.

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West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
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934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
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