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December 2016 Archives

DUI second offense

In Pennsylvania, driving under the influence is a crime that is taken very seriously. If you are arrested for a DUI for a second time, you will face harsher penalties than if it was your first. In order for a DUI to be considered your second offense, it must be the second DUI you have been convicted of in the last ten years. After ten years, a DUI is no longer considered for the purpose of grading a following offense. vehicular homicide dui Pennsylvania uses three different tiers to categorize second offense DUI offenders. These tiers are known as general impairment, high impairment, and highest impairment.

Know the possible effects of a theft conviction and fight them

Theft charges come in a variety of types. Just last week, we discussed shoplifting and the troubles that come along with it. Other types of theft charges, such as burglary, are also possible. When it comes to thefts, the circumstances of the event determine what charges will be levied against the defendant.

First time DUI

In Pennsylvania, it is a serious crime to drive a motor vehicle under the influence of alcohol or a controlled substance. If you are found driving under the influence of drugs or alcohol, you have the potential of being charged with DUI. Your charges depend mainly on whether you are a first-time DUI offender or not. If you are a first-time offender, there are several different elements that will impact the severity of your sentence. The main element that determines what tier your DUI is considered is the ratio of your Blood Alcohol Concentration (BAC). DUI as a minor The severity of your penalty depends on how high your BAC was at the time of the offense. Pennsylvania uses three different tiers to define the level of your impairment based on your BAC.

DUI as a minor

In Pennsylvania, it is a serious offense to drive under the influence of alcohol or a controlled substance. This offense is known as DUI, driving under the influence. If you are a minor (under the age of 21) and you are caught driving under the influence, your penalties will be severe. According to Title 75 section 3802(e) of the PA crimes code, a minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol DUI first offense concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. Factors such as your Blood Alcohol Concentration (BAC) and whether it is your first offense or not do not matter when it comes the severity of your DUI if you are a minor.

Don't get caught shoplifting unless you want legal troubles

Shoplifting is so common that many stores have included signs in restrooms and dressing rooms warning people that shoplifting is a criminal act. This doesn't mean that it is okay to shoplift. In fact, quite the opposite is true. If you are facing shoplifting charges, you should find out how points in the law apply to your case.

Violent Crimes Voluntary Manslaughter

One of the most serious Violent Crimes an accused can be charged with is the crime of Voluntary Manslaughter.  In order to be convicted of Violent Crimes such as Voluntary Manslaughter, the government must prove that the accused kills another individual without lawful justification and at the time of the killing the accused is acting under a sudden and intense passion resulting from serious provocation.  Practical approach to Homicide cases This is called acting under Heat of Passion.  In order to be found guilty of Voluntary Manslaughter the accused must take an intentional or voluntary act in bringing about the death of another.  Specifically, Voluntary manslaughter involves the specific intent to kill but, by reason of passion and provocation, without any legal malice.

Take a practical approach to homicide-related charges

When a human loses his or her life at the hands of another human, calls for justice are often made. Some people don't wait to hear the circumstances of the homicide. Instead, they automatically call for criminal charges to be made. There are some cases in which criminal charges might not be appropriate; however, these charges might sometimes be placed against a person. If you are facing charges for murder or manslaughter, you need to work on your defense immediately.

criminal defense criminal mischief

In Pennsylvania, it is a crime to destroy property that you do not own without permission. Criminal Defense attorneys are very helpful when charged with the crime of criminal mischief.  This crime which is serious and requires a criminal defense is known as criminal mischief. In Pennsylvania, a person commits criminal mischief if he damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means; intentionally or recklessly tampers with tangible property of another so as to endanger person or property; intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; intentionally defaces or otherwise false identification damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device; intentionally damages real or personal property of another; or intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.

Theft Bad Checks

In Pennsylvania, it is a Theft crime to pass Bad Checks.  Theft Crimes like Bad Checks occur when an accused tries to pass checks as a form of payment. This offense is known as bad checks. Per title 18 section 4105(a)(1) of the Pennsylvania crimes code, a person commits an offense if he issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee. Per title 18 section 4105(a)(2), a person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. Fraud A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.

Penalties for homicides can be serious

The killing of another person is something that is always a tragedy; however, it is also something that isn't always a criminal act. There are some homicides that are considered justifiable and those won't have criminal charges associated with them. For people who are facing any type of homicide charge, knowing the differences between the different types is necessary.

Criminal Defense false ID to law enforcement

When dealing with law enforcement, it is important to be as honest as you possibly can to avoid any penalty. For Criminal Defense purposes, it is a crime to give false ID to law enforcement.  Additionally, for Criminal Defense purposes, showing False ID to Law enforcement can have serious consequences.  In Pennsylvania, Public Drunkeness it is a crime to falsely identify yourself to law enforcement officers and it is taken very seriously. This crime is known as False identification to law enforcement authorities. A person commits False identification to law enforcement authorities if he furnishes law enforcement authorities with false information about his identity after being informed by a law enforcement officer who is in uniform or who has identified himself as a law enforcement officer that the person is the subject of an official investigation of a violation of law. This offense is not taken lightly and if you are found guilty you will receive harsh consequences.

Criminal Defense furnishing drug free urine

In Pennsylvania and criminal defense it is a crime for furnishing drug free urine to another.  Under Criminal Defense law, furnishing drug free urine to another can occur in order to help someone beat a drug test.  Urine drug testing is used in many different situations for an array of reasons. If you have ever been hired to a new job, it is likely that you were required to give a urine sample for a pre-employment drug screening. Another common situation for urine drug test is if you are on probation or parole you may be required to frequently give samples. dui In these types of situations, it is common for people to find themselves looking for shortcuts or methods to pass a drug test with substances in their system. A popular method is by substituting someone else's clean urine in place of your own. It is a crime in Pennsylvania to furnish drug-free urine. A person commits unlawful sale or attempt if he offers for sale, sells, causes to be sold or gives drug-free urine will be used for evading or causing deceitful results in a test for the presence of drugs. In addition, a person commits use or attempt if he uses or attempts to use drug-free urine for the purpose of evading or causing deceitful results in a test for the presence of drugs.

Know your options in a DUI case and the penalties of them

In our previous blog post, we discussed how alcohol can impact your ability to drive. If you recall, those effects are serious and can easily make you a danger to yourself and others if you opt to drive drunk. This doesn't mean that avoiding drunk driving is always going to be easy, but it is certainly something that is worth the effort.

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