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December 2017 Archives

Robbery crimes and second degree murder

A recent high profile story out of Phoenixville, Pennsylvania regarding details on the shooting death of a Phoenixville teen emerged recently on Thursday and bring to light the criminal issues associated with the crime of Robbery and how it is related to 2nd degree murder charges. The Phoenixville story discusses allegations that a Mr. Jayson Ortiz-Cameron along with several other individuals had been allegedly planning to commit a robbery during an alleged drug deal at a Phoenixville Dunkin Donuts. murder transferred intent According to authorities, Mr. Ortiz-Cameron was killed during the alleged marijuana deal and robbery. The issues that this case brings to light are issues dealing with Robbery and the criminal ramifications when an alleged victim dies as a result of a robbery. In order for a criminal defendant to be found guilty of 2nd degree murder, the government must prove the following elements beyond a reasonable doubt:

Murder transferred intent

One issue that comes up from time to time in murder cases is the issue of transferred intent. The reason for this blog stems as a result of the murders that occur when a victim is killed that was an unintended casualty. 3rd degree murder In order for an individual to be convicted of first degree murder, the government must prove the following criminal elements beyond a reasonable doubt:

drug crimes corrupt organization

Title 18 section 911 makes it illegal for a criminal defendant to be part of a corrupt organization. Drug Crimes such as corrupt organization was legislated in Pennsylvania because the legislatures believed that there was a very serious problem in the Commonwealth combating organized crime. As a result of the Drug Crimes being committed by organized crime, the PA legislature drafted the statute of Corrupt Organization. drug crimes Although this statute doesn't specifically combat drug crimes, drug crimes seem to be the primary crimes that this statue has been used against by both District Attorney's Offices and the PA Attorney General's Office. The crime of corrupt organization is a very serious one. It is graded as a felony of the first degree and therefore punishable by a maximum of 20 years in state prison and a $100,000 fine. Make sure to contact the experienced drug crime attorney's at the Law Offices of Kelly & Conte if you have been charged with or are being investigated for having committed this crime. As former prosecutors, we are very experienced in handling these types of matters.

criminal defense eyewitness identification

In Criminal Law and Criminal Defense, an accused can only be found guilty if the government can prove their case beyond a reasonable doubt. Unfortunately, for the accused, the evidence that the government frequently possesses is eyewitness testimony, which history has proven is one of the most unreliable forms of evidence in existence. learn about sex crimes The reason that eyewitness testimony is so unreliable is that it is very arbitrary and often subject to suggestion by police officers or even other witnesses. It is frequently very difficult for people to remember what other folks who they have never met looked like at a given time, it is even more difficult to remember these specifics during times of intense stress, poor lighting condition etc. Despite the problems with eyewitness testimony and how prone it is to error, jury's frequently convict criminal defendants of extremely serious charges based on nothing more than eyewitness testimony. Thankfully, there has recently been a change in Pennsylvania law which gives criminal defendants a tool that they can use to combat these bad eyewitness identifications.

Don't make these mistakes if you take a field sobriety test

A field sobriety test is one of the tools that police officers have to gauge whether someone should be driving or not. The battery of tests that is done consists of three tests if it is a standardized field sobriety test, but could have different tests if it isn't the standardized version.

Drug Crimes and controlled Buys

One term that comes up frequently in the realm of Drug Crimes and criminal defense is the term Controlled Buys. intent to deliver narcotics Controlled Buys are the process by which law enforcement uses a confidential informant or an undercover officer to purchase a controlled substance from a suspected drug dealer. The reason that controlled buys are important in the realm of Drug Crimes is because controlled buys are one of the biggest weapons that law enforcement uses to arrest drug dealers. Specifically, a control buy works in the following manner: First, a confidential informant or undercover police officer identify a suspected drug dealer to law enforcement that they believe they can purchase drugs from. Second, the confidential informant contacts the drug dealer on a cell phone and sets up a time to purchase narcotics typically in a public place. Third, the confidential informant is searched by the police to make sure that he doesn't possess any drugs and also to make sure that there are no drugs in the CI's car. Finally, the CI meets the drug dealer purchases drugs and soon after gives the suspected drugs to the police.

Reading Drug Crimes

The city of Reading is the county seat for Berks County. Berks County is located just north of Chester County and the city of Reading is an area containing a significant number of Drug Crimes. In terms of criminal defense, there are several different types of drug crimes that a criminal defendant can be charged with in the city of Reading. heroin crimes Specifically, aside from the various types of illegal drugs that you can be charged with (marijuana, cocaine etc), the main issue a criminal defendant faces is whether he is charged with a felony or misdemeanor. Under Pennsylvania law, Misdemeanor drug crimes are less serious than felony charges. Whereas misdemeanors are typically punishable by a maximum of 5 years, felony drug crimes can be punishable by up to 20 years, depending on the type and quantity of drugs. Regardless of what crimes you are charged with, all criminal defendants should strongly consider consulting with an experienced Reading Drug Crimes attorney if you have been charged with a drug charge.

Recognize that federal court is much different from other courts

Federal criminal court is much different from other criminal courts. You have to be properly prepared before you walk into one of these courts to face criminal charges. We understand that you might feel trepidation about having to do this. Fortunately, we are familiar with the federal court system and can help you learn what you need to know to face the charges.

Drug Crimes Dealing in Proceeds of Unlawful Activities

One of the more serious Drug Crimes that a criminal defendant can face is the criminal charge of Dealing in Proceeds of Unlawful Activities. This crime is one of the most serious Drug Crimes and graded as a felony of the first degree and therefore punishable by up to 20 years in state prison and a $100,000 fine. Although not specifically a drug crime, heroin crimes Dealing in Proceeds of Unlawful Activity is frequently used by the government to prosecute drug dealers who are hoarding cash that they receive from drug transactions. This crime can also be used to prosecute individuals charged with non drug crimes such as theft of services and other theft or burglary crimes so long as they try and conceal or disguise the money that they are getting from the crime.

Lancaster County Defense Attorney

Criminal Defense is a specialiazed area of the law and being confronted with a crime can be a scary event. Here at the Law offices of Kelly & Conte we specialize on Criminal Defense in Lancaster County and other surrounding County's. As former county prosecutors, Assistant District and Deputy District Attorneys, we have both prosecuted thousands of criminal cases ranging from First Degree Murder cases to Driving Under the Influence. Sex Crimes Lawyers We know what the government has to prove in order to gain a conviction. And we know that the techniques that the police and detectives use in order to gain convictions. Contact us today for a free consultation on your Lancaster County case.

Truthfulness can help you to avoid criminal perjury charges

When you are placed under oath or sign any document that is considered legal and binding, you are expected to be truthful. When you fail to tell the truth in anything legal, you could face a perjury charge. This is a serious matter that must be addressed accordingly.

Schuylkill County Drug Delivery Resulting in Death

A person commits a felony of the first degree if the person intentionally administers, delivers, gives, or sells any controlled substance such as heroin or oxy pills or counterfeit controlled substance in violation of section 13(a)(30) which deals with the delivery of narcotics to another. heroin crimes The Crimes of Drug Delivery resulting in death is an extremely serious crime and punishable by a maximum of 40 years in state prison. The drug used in these types of crimes is typically heroin. Typically this charge can involve the delivery of the drug from individuals that are drug dealers or, in the alternative, from fellow users who go an obtain the drug so that they can both use the drug together. In both of these situations, the accused is facing a maximum of 40 years in state prison.

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