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July 2017 Archives

Theft defrauding secured creditors

Chapter 41 of Title 18 of the Pennsylvania Crimes Code addresses forgery and fraudulent practices and theft offenses. § 4110 of the Pennsylvania General Assembly specifically addresses theft charges such as defrauding secured creditors. A person commits defrauding secured creditors if they destroy, remove, conceal, encumber, transfer, or in any way, shape, or form, deal with property that is subject to a security interest or after a tax levy has been made. access device A levy is a collection mechanism used by the IRS. It is a legal seizure of a taxpayer's assets in order to pay off back taxes owed. It becomes an offense when the person makes an attempt to hinder enforcement of such interest. Articles included in this can be bank accounts, investment accounts, accounts receivable, wages, social security, pensions, insurance policies, and any physical assets.

Probable cause and suppression motions

Suppression motions may be filed by lawyers to keep evidence out of court.  Probable cause to arrest exists when the facts and circumstances within the police officer's knowledge and of which the officer has reasonable trustworthy information are sufficient in themselves to warrant a person of reasonable in the belief that an offense has been committed by the person to be arrested.  If there is no probable cause to arrest then suppression motions may be filed by the defense. miranda rights According to the Pennsylvania Superior Court, "Probable cause justifying a warrantless arrest is determined by the "totality of the circumstances." Accordingly, PA courts consider a number of factors when considering whether or not a police officer was justified in arresting a criminal defendant. The main point is that a police officer must have probable cause that an accused committed a crime if he wishes to arrest him. If the officer arrests an accused when he does not possess probable cause, then the arrest and any evidence seized from the accused as a result of the unconstitutional arrest is not admissible in court and a judge and a jury cannot consider it as evidence against an accused. Make sure to contact an experienced Chester County Criminal lawyer if you believe that you have been arrested without a basis.

Criminal Defense absconding witness

One crime that appears from time to time in the realm of criminal defense and criminal law is the crime of Absconding witness. The crime of Absconding witness appears in Title 18 under section 5125 of the Pennsylvania crimes code and requires a competent criminal defense.   Child PornographyAbsconding witness deals with the issue of a potential witness in a criminal case either intentionally hiding so that he does not have to appear and testify at a trial or attempting to hide someone else who is also supposed to testify at a criminal trial. Regardless of the specific circumstances of your case, make sure to contact an experienced Chester county criminal lawyer if you are being investigated or have been charged with the crime of absconding witness.

Criminal Defense Conspiracy

Issues regarding Criminal Defense and Conspiracy and the extent of what co-defendants can be liable for the various acts of their co-conspirators was addressed in the case of the Commonwealth vs. Barnes. In 2002, Maurice Barnes, Robert Goodine, and L.D. Kruger all chipped in and bought a large amount of cocaine in New York, and brought it down to Scranton, Pennsylvania to sell. Kruger and Goodine had guns, but Barnes did not. cyberbullying After a making a few sales in a parking lot, the men began selling drugs out of an apartment owned by Ron Sanders, a known crack addict. A man named Charles Grant comes to the apartment to buy an eight ball of cocaine (3.5 grams.) Upon arriving at the apartment, Grant and Goodine go in the back bedroom to make the deal. Grant gave Goodine $200 for the drugs and was waiting to receive $50 in change. While Grant was waiting to get change from Goodine, he began complaining about the quality of the cocaine. While Grant was looking down at the drugs, Goodine shot him in the head and killed him. Valerie Kizer, Ron Sanders, Maurice Barnes, and L.D. Kruger all witnessed the killing. Kruger fled immediately after the shot was fired, but Barnes stayed. Barnes and Goodine went through Grant's pockets and took his remaining money, as well as all the drugs they gave him. Mr. Barnes was sentenced to 23 years to 47 years imprisonment after the jury convicted him of criminal conspiracy to commit murder in the third degree, and related charges.

DUI warrant less blood draw

The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On March 12, 2016, in Reading, Pennsylvania, a man named John Amonte Ennels was in a motor vehicle accident. Police were contacted because he was trying to leave the scene. When officers conducted a traffic stop of Ennels, there was an overwhelming smell of marijuana and a partially smoked blunt in the vehicle. DUI checkpoint Ennels was charged with DUI and was transported to St. Joseph's Hospital for a blood test. Ennels was read the "DL-26" form and gave his blood 'voluntarily'. However, the DUI form that the officers read to Ennels said that he would face a minimum of 72 hours in jail and a $1,000.00 fine and a maximum of five years in jail and a $10,000 fine if he refused to consent to the blood draw. The court therefore ruled that Ennels's blood sample consent was involuntary.

DUI 2 hour rule

Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual may not drive, operate or be in actual physical control of the movement of a vehicle after drinking or consuming a sufficient amount of alcohol where the alcohol concentration in the accused's blood or breath is at least 0.08% within two hours after the individual has driven or operated the vehicle.  DUI chemical testing If the government does not obtain a defendant's breath or blood within 2 hours of his operating a vehicle on a roadway, then the results of the breath or blood are not admissible in court. It is important that an individual facing dui charges should consult with an experienced Chester County Criminal lawyer if you have been charged with or is being investigated for the crime of DUI.

Suppression Spoilation of Evidence

Suppression Motion may be filed by defense attorneys in order to keep out evidence.  One type of suppression motion deals with the Spoilation of evidence which deals with the intentional or unintentional destruction of evidence by the government-typically the police. Under Pennsylvania state law, police investigators are not required to keep rough notes from their investigation. This rule differs from Federal Law and the Jencks Act, know your Miranda rights where federal investigators are required to keep much more information that they obtain as a result of their investigations. Currently, in Pennsylvania there is no rule that the police preserve all evidence taken or all notes ever taken during their investigation because there might be some evidence which turns out to be exculpatory (tending to show that the defendant is innocent).

Defenses to Murder

Murder charges are extremely serious crimes that an accused can be charged with. There are several different types of Murder that an accused might face in the Commonwealth of Pennsylvania. There are also a number of Defenses that can be raised to Murder charges, but lets explore the various types of murder first. First Degree murder, second degree murder, third degree and then voluntary and involuntary manslaughter are the various types of homicide charges that an accused might face.  Assault crimes With the exception of second degree murder, the various types of murder are frequently determined by the specific intent that an accused possessed during the time of the killing. Specifically, in order for an accused to be found guilty of first degree murder, the government must prove that the accused had the intent to kill. For third degree murder, the government must prove that the accused killed with malice and voluntary manslaughter means that the Jury has found that the accused killed in the heat of passion

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