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Law Offices of Kelly & Conte's Blog

A theft charge might haunt you for the rest of your life

Being charged with a theft is serious. You might think that because it isn't a violent crime that it won't matter. The fact of the matter is that you have to think about how a conviction on theft charges might impact you.

As you are thinking of the possible implications, you might find that you are impacted in more ways that you thought. We can help you formulate a defense strategy that might help you minimize the penalties that you are going to have to live with for the rest of your life.

Violent Crimes Fantasy Role Playing Defense

One rarely used defense in Violent Crimes cases and other cases is the Fantasy Role Playing Defense. This defense first appeared predominately in the media in 2012 in the federal prosecution against Gilberto Valle, with conspiracy to commit kidnapping. He was arrested after his wife discovered emails about his desire to rape, kill, and eat women. Weapons of mass destruction Valle argued that he was merely engaging in fantasy-role play, with no intention of committing the actual crimes. He was a member of a social networking website called Dark Fetish where he discussed his sexual fantasies with other members. Prosecutors agreed that Valle was engaged in role play, but argued that the chats had moved beyond the realm of fantasy and had become actual preparation. After 12, days the jury found him guilty. In the case the court reviewed all of the defendant's e-mails and made a determination as to which one's could have represented actual conspiracy discussions and which ones were simply fantasy and therefore not admissible. Obviously the primary fact finder in deciding whether the admissible e-mails were fantasy or actual planning was the jury.

Violent Crimes Weapons of Mass Destruction

Violent Crimes such as the Possession of Weapons of Mass Destruction can be extremely serious charges which almost always require the assistance of an experienced Chester County Criminal Lawyer. Domestic VIolence Charges The criminal elements which the government must prove beyond a reasonable doubt can be found in the Pennsylvania Crimes Code, specifically in section 2716 of Title 18. In order to be found guilty of this crime, the government must prove that the accused either intentionally possessed or was purposefully making weapons of mass destruction; A criminal defendant can also be convicted of this crime if the government proves that the accused intentionally sells, buys or transports a weapon of mass destruction; and second that his doing so (buying, selling or transporting) causes: another person to become ill or damages or disrupts the food or water supply of a park or causes the evacuation of a building.

Finding an apartment to rent when you have a criminal history

Landlords can be very picky about who they rent to. With the exception of specific exclusions, they have every right to be this way. Unfortunately, this means that a person who has a felony might have great difficulties finding a place to live when he or she needs one. There are some ways that you might be able to increase the chance that you will find a suitable apartment.

One way that you can help yourself here is to find a landlord that doesn't do a background check. Without a background check, you might not have to deal with explaining the charges or situations that you faced. It can be hard to find this, especially if you need an apartment because some of the bigger complexes might use a property management company that does these checks.

Violent Crimes Unlawful Restraint

Violent Crimes such as Unlawful Restraint can have a very serious effect on an accused's future. The crime of Unlawful Restraint is fully explained in section 2902 of Title 18 of the Pennsylvania Crimes Code. In order to be found guilty of this crime, the government must prove the following criminal elements beyond a reasonable doubt: First, that the accused restrained another person without any legal basis under circumstances which could expose the victim to serious bodily injury. Assault crimes Under the crimes code serious bodily injury is generally something like a broken arm or a serious wound. So in order for a person to be found guilty of this section of Unlawful Restraint, generally the government has to show that the victim is being held somewhere unsafe (a cooler) or being held there through the use of a deadly weapon like a gun or a knife. If the accused is convicted for this type of Unlawful Restraint then he is facing a maximum sentence of 5 years in prison and a possible $10,000 fine.

Sex Crimes False Reports of Child Abuse

When the government falsely charges a defendant with Sex Crimes they may charge the person who made the initial allegation with making False Reports of Child abuse if certain specific criminal elements are met. The crime of False reports of child abuse can be found in section 4906.1 of the Pennsylvania Crimes Code Title 18. Child endangerment That crime states that an accused can be found guilty of this crime which is graded as a misdemeanor of the second degree and therefore punishable by 2 years in prison and a $5,000 fine. In order to be convicted of this crime, the government must prove the following elements beyond a reasonable doubt: First that the accused either intentionally or knowingly made a false report of child abuse or second that the accused either intentionally or knowingly induces or convinces a child to make a false claim of child abuse.

Criminal Defense Warrantless search of a car

Generally in the realm of Criminal Defense a main issue is the Warrantless search of a car by the police. In these car search cases, the defense is frequently challenging: 1) the initial stop of the vehicle; and/or 2) whether there was probable cause to conduct the search of the car. In these cases the defense argues; there was no probable cause to search the vehicle; and/or a warrant supported by probable cause was required under the circumstances. Indecent assault The law dealing with the government's right to search a car in Pennsylvania has changed drastically. In Commonwealth v. Gary, the PA Supreme Court adopted the federal automobile exception to the warrant requirement, which allows police officers to search a motor vehicle when there is probable cause to do so and does not require any exigency beyond the inherent mobility of a motor vehicle. In that case, the Court found there was probable cause to search because: the officers smelled marijuana, and the defendant attempted to flee the scene. Two pounds of marijuana was found under the hood of the car. This case makes it easier for police to conduct a warrantless search of a motor vehicle.

Federal criminal cases are difficult, not impossible

Federal criminal cases are often difficult to face. Not only do you have to deal with the stigma that comes with this type of case, but you also have to deal with going up against the federal government, which has vast resources most of us can't battle against. This is a difficult spot, but that doesn't mean that it is impossible to fight them.

We are familiar with federal criminal law and can help you to find out what options you have. There are many ways that federal cases are the same as state cases. One of these is that you might be able to work out a plea deal in the matter. This is only an option if you admit that you did commit the crime. The vast majority of federal cases are handled this way because plea deals have benefits to both sides of the case.

Criminal Defense GPS devices

In 2012, in terms of Criminal Defense and the GPS, the United States Supreme Court ruled in US v. Antoine Jones, that government installation of a GPS device on a criminal defendant's vehicle, and its use of that device to monitor the vehicle's movements, is considered a search under the 4th Amendment. Therefore, in order for police to track a vehicle using a GPS device, a search warrant must be obtained by the police prior to installation.  assault crimes Such installation without a warrant, is considered to be a trespass. Other courts have ruled along this line as well. The Supreme Court found that using drug-sniffing dogs around a suspect's front porch without a warrant or consent was also an unreasonable search as police were trespassing. This suggests that once the police secure a search warrant, they can attach a tracker on the outside of the car (or underneath it), as opposed to entering into the vehicle to install which might require a warrant authorizing the search of the vehicle. Now there are some exceptions to this rule which include: 1) Consent; 2) Federal agents (not state or local officials) may install tracking devices on vehicles entering the US from a foreign country and can monitor vehicles for 48 hours without a search warrant or reasonable suspicion.

Sex Crimes Luring a child into a motor vehicle

Sex Crimes such as Luring a child into a motor vehicle can be extraordinary serious and the repercussions for being convicted of such crimes can be disastrous. Luring a child into a car or building is a crime unless the circumstances indicate that the child needs help or aid, or the person luring the child has the permission of the child's parent or guardian. Read more about Rape There are a number of defenses to this crime if the person charged did lure the child without consent. Specifically, if the defendant is charged with luring a child, but believes that the child was 18 or over, then that would function as a defense to this crime so long as the child Is not under 13 years of age. Make sure to review all possible defenses that you may have for this crime with an experienced Chester County Sex Crimes attorney.

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