Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood...
Suppression issues: What are Exigent Circumstances?
On Behalf of Bellwoar Kelly, LLP | Apr 25, 2016 | Suppression
Suppression of evidence means that the evidence is not allowed in court. In search and seizure cases, there is one Suppression issue that arises with great frequency, and that is, when do the police not need a search warrant to enter and search my home. In this...
Violent Crimes: Possessing an Offensive Weapon
by Bellwoar Kelly, LLP | Apr 21, 2016 | Violent Crimes
One particular type of Violent crimes that an individual can be charged with in the Commonwealth of Pennsylvania is the charge of Possessing an Offensive Weapon. Under this statute an Offensive weapon is defined as a firearm as well as a litany of other types of...
Defending Underage Drinking Cases
by Bellwoar Kelly, LLP | Apr 17, 2016 | PBT
PBT is a portable breath test used in underage drinking cases. One of the most frequent crimes young college students may be charged with is the crime of Underage Drinking. This blog will discuss various ways of Defending Underage Drinking Cases. In the state of...
Defending DUI cases
by Bellwoar Kelly, LLP | Apr 14, 2016 | DUI
A DUI conviction can be absolutely debilitating to a person and even their family. A conviction for a DUI can mean much more than just a license suspicion for a year or a year and a half. DUI basics A conviction for a DUI can mean a state conviction...
Extradition motions hearings and laws in Pennsylvania
by Bellwoar Kelly, LLP | Apr 9, 2016 | Motions
Extradition motions, hearings and laws in Pennsylvania are fairly straightforward. Extradition is the term used for a prisoner or individual who is being held in custody in one state as a result of a bench warrant for his arrest in another state. This blog is...
Child Pornography: pitfalls of used computers and adult Porn
by Bellwoar Kelly, LLP | Apr 3, 2016 | Child Pornography
In the state of Pennsylvania, the crime of Possession of and Dissemination of Child Pornography is a very serious offense. Both crimes are graded as felonies of the third degree and punishable by a maximum of seven years in prison and a $15,000 fine. Under the law, an...