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December 2015 Archives

Don't drop the ball on a NYE celebration gone awry

If this New Year's Eve celebration finds you starting the year out in a bit of trouble, you want to act fast and shift the burden of concern to capable hands. Overzealous police officers actively scour the roads for any signs that could be related to a driver navigating while under the influence. Which means that fatigued drivers, drivers who were not inebriated, and drivers who were admittedly distracted could find themselves in the same trouble as drivers who were celebrating and had a bit too much to drink.

Accomplice liability. Am I an accomplice to a crime?

The term accomplice liability is bantered about in many circles, but very few people take the time look up what an accomplice is under Pennsylvania law. Under Pennsylvania law, an accomplice is defined as a person who is liable for not only the crimes that he has committed, but also the crimes of another for whom he is legally accountable. Chester County Violent Crime Lawyers  So what kind of acts do you have to do in order to be an accomplice? Under PA law a person is an accomplice of another person committing a crime if:

Violent Crimes Defense: Justification under Pennsylvania Law

If you are charged criminally with committing violent crimes, one of several possible defenses you might have is the Defense of Justification under Pennsylvania Law. The Justification defense essentially permits a person accused of committing violent crimes to argue that he committed the crime that he is charged with, but he only committed the crime because it was necessary for him to do so. Read here about whether to speak with the police  Since Justification is a defense under Pennsylvania law to   violent crimes, an accused may only use the defense if he is admits that he committed the crime that he is charged with in the first place.

Supreme Court to rule on DUI breath test without a warrant rule

The idea behind a drunk driving conviction might seem simple. If it is proven that someone's blood alcohol content was above the legal limit while driving, he or she could be charged with and convicted of drunk driving in Pennsylvania, as well as other states. But the details that go into a DUI arrest, charge, and conviction are actually quite complicated.

Sex Crimes Sexual exploitation of children

Very serious sex crimes in the state of Pennsylvania is the charge of Sexual Exploitation of children. Under the Pennsylvania statute, a person can be charged with this sex crime, sexually explicit pictures of juveniles  if the government has probable cause to believe that a person obtains a child who is under 18 years of age for another for the purpose of sexual exploitation. The key portion of this statute, is the statute's definition of sexual exploitation.

Sex Crimes Explicit pictures of juveniles.

Sex Crimes are very serious crimes that an individual can face in the state of Pennsylvania. A conviction for a Sex Crime will almost certainly mean that an accused will have to register as a sex offender pursuant to Megan's Law.  Megan's Law Additionally, many sex crimes in the state of Pennsylvania are felonies and require lengthy periods of incarceration in state prison. If you are being investigated for or have been charged with a sex crime in Pennsylvania, you should strongly consider hiring a Sex Crime Lawyer right away.

Assault Crimes: Murder of an Unborn Person

One of the least used Assault Crimes in PA is Murder of an Unborn Person.  Under Pennsylvania law there is a specific statute dealing with the assault crime of murder of an unborn person. Under Pennsylvania law, an unborn person is a fetus or a person who is yet to be born. The reason that Pennsylvania has specific statutes dealing with topics such as Murder of an Unborn Person is that under PA law, a person is defined as a living, breathing human being. Assault Crime Lawyers  Since PA law defines person as a living human being and not as a fetus, Pennsylvania has a special group of statutes dealing with the mistreatment of fetuses

Probation Violation

A probation violation can mean jail time for an accused.  Under Pennsylvania law, probation is defined as a period of time that the defendant is supervised by the county in which the defendant was sentenced. The time period for how long a defendant can be placed on probation is set by the sentencing court. If a Defendant violates the terms of his probation, then he has committed a probation violation. When a defendant commits a probation violation, the court can either sentence him to more probation or sentence him to a period of incarceration.  Chester County Criminal Lawyer If you are facing a probation violation, you should strongly consider contacting an experienced Chester County Probation Violation attorney immediately.

Domestic Violence: What you should know

If you are facing criminal charges related to allegations regarding domestic violence, there are several things that should be kept in mind. First, make sure to hire an experienced and competent Domestic Violence Attorney to represent you in your case. Violent Crimes Attorney  Make sure that the attorney's you meet with have handled cases related to domestic violence before and that they have tried cases before a jury. Second, keep in mind that the police will document in a police report everything that you said to them when they came to meet with you after receiving the initial complaint or 911 call about an allegation of domestic violence. Finally, keep in mind that the chances are better than average that you will be charge with some sort of crime, if the alleged victim called 911 fairly promptly and reports to the police that he or she suffered some type of physical injury.

RRRI and sentencing

If you are facing serious criminal charges that may entail a state prison sentence, you should make sure that you speak to your Chester County Criminal Defense Lawyer Chester County Criminal Lawyers  about the RRRI sentencing program. RRRI stands for the Recidivism Risk Reduction Incentive program. It is a program which is only available for criminal defendants who receive a state sentence. If you have received a sentence which requires you to only spend time in county prison, then you will not be eligible for the RRRI program and its enhanced sentencing. 

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