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July 2018 Archives

Criminal Defense Vehicle Stops

One area of Criminal Defense where defendants may try to suppress evidence occurs during police vehicle stops. CYS investigations In order for a police officer to stop a vehicle they must have either probable cause or reasonable suspicion that the driver is violating a law in Pennsylvania or part of the vehicle code. Police are not justified in randomly stopping vehicles unless they have a reason to suspect that there is some sort of criminal activity taking place. The United States Supreme Court has determined that if a vehicle is randomly stopped by an officer it is considered an unreasonable seizure under the Fourth Amendment. If you are randomly stopped without probable cause or reasonable suspicion of criminal activity, then any evidence the police officer may have found in the vehicle can be suppressed in court. Even if you believe you are being randomly stopped with no probable cause, it is important to fully cooperate with the officer. If you are pulled over you should always ask the officer why you were stopped. If they ask to search your car they cannot proceed without either your permission or probable cause.

How the criminal justice system is failing opioid addicts

With the opioid epidemic reaching new heights, more and more people are finding themselves behind bars, facing serious drug charges. Yet that number may be higher than previously realized. According to a recent study out of Minnesota, more than half of the study participants who suffered from an opioid disorder reported a history of involvement with the criminal justice system.

juvenile crimes

An adjudication for Juvenile crimes can have long lasting effects on a juvenile's future and freedom. Teen sexting Juvenile clients may need an experienced attorney on their side for multiple different felony or misdemeanor charges. These charges may include, but are not limited to; sex crimes, theft, assault, DUI, and underage drinking. In many cases, juveniles are not treated as adults by the legal system. Typically, juvenile cases are heard in juvenile court rather than adult court, and the punishments imposed by judges are lesser than those, which would be applied to adult offenders. Specifically, juveniles are frequently sentenced to probation, house arrest or occasionally placed in detention facilities which are focused on rehabilitating the juvenile offender. However, there are some juvenile crimes, which are considered to be serious enough in nature that they are prosecuted in adult court, with adult penalties.

Criminal Defense Double Jeopardy

One issue that can arise from time to time in Criminal Defense cases is Double Jeopardy. When "double jeopardy" is referenced it means that a criminal defendant in Pennsylvania cannot be tried twice for the same crime. probation violations So, if a person charged a second time for the same crime can use double jeopardy as a criminal defense. In the decision of Benton v. Maryland, the United States Supreme Court decided that all constitutional guarantees in the Bill of Rights apply equally to state and federal governments. This means that criminal defendants have been protected from double jeopardy at both the state and federal level. Accordingly, a criminal defendant can argue that criminal charges against him should be dismissed as a result of double jeopardy if the Commonwealth of Pennsylvania charges the defendant with acts that he had already pled guilty to

Motions dealing with Miranda Rights

In criminal court defense attorney's may file Motions dealing with a defendant's Miranda Rights. preliminary hearings Miranda rights are warnings that advise an individual that they have the right to remain silent and that any statements made by them can be used against them in court. A person in custody should be read their Miranda rights if the police want to asks them questions and use that information as evidence at trial. These rights entitle a person who has been arrested to protection from self-incrimination and to legal representation. Miranda warnings have been around for the past 50 years, but some are still confused on when they should be read and what exactly the warnings mean. An officer can arrest you and charge you with a crime without ever reading you your Miranda warnings. Miranda warnings are only required if a police officer is going to question you about a case and you are in custody. Someone is considered in custody when his or her freedom of movement is restricted. Before being interrogated one must be read their Miranda rights. Interrogation refers to direct questions regarding an incident, or statements designed to illicit a response. These Miranda warnings can be extremely difficult and if they are violated you should contact an attorney right away.

Violent Crimes Simple assault

Violent crimes such as simple assault can have life changing effects on an individual's future. Simple assault is defined as the attempt to cause physical harm to another individual. However, under the statute, the government must prove that this harm was brought about intentionally by the defendant. Simple assault also refers to "causing the individual to be in fear or apprehension of an imminent battery." firearm charges Incases such as that the government again must prove that this was done intentionally by the defendant. In simple assault cases, the prosecution must prove the accused intended to cause bodily injury "beyond a reasonable doubt." Bodily injury is generally defined as the "impairment of physical condition or substantial pain" or the intent to inflict it. In some cases prosecutors try to make simple assault cases into aggravated assault claiming that serious bodily injury could have resulted. Aggravated Assault charges are more serious and are considered felonies in Pennsylvania. Prosecutors can be very aggressive, but it is the criminal defense attorney's job to reduce the seriousness of the charges as mush as possible while also reducing potential consequences.

Personal Injury at work

Suffering a personal injury at work can be a life altering event. Workplaces are a safe environment for the employees, but in some situations the workers may get hurt while on the job. Injuries happen on the daily on work cites for a number of reasons, but people are still confused as to what to do after those injuries happen. When it comes to you rights and workers compensation, the next steps you take after an injury are extremely important. soverign immunity First, you must report the accident so the employers know about the situation. This will allow you to receive necessary medical treatment from your insurance. Even if you are unable to report the incident yourself, have someone else do it for you. As long as your employer is aware of the situation your rights are protected. After reporting the incident medical treatment is the next step, which includes any procedures, medications, or other immediate treatments. Not only will this this be beneficial to your health, but it will also give you a medical record that shows that you were injured as a result of something that happened at work.

Violent Crimes aggravated assault

Violent Crimes such as Aggravated assault involve inflicting or attempting serious bodily injury on another person. It also includes assaulting protected public employees or officials and assaulting someone with a deadly weapon. Murder Aggravated assault involves the intentional or reckless behavior that causes a serious bodily injury to another person that reflects the perpetrator's indifference to human life or safety. The prosecution must convince the jury that the defendant acted in either knowingly or recklessly. When you are aware of the potential consequences of your action and go through with the action anyway, you are considered to have acted knowingly. Recklessness simply involves the conscious disregard of the consequences of one's actions; it does not always require intent. The actions of the accused will be compared to those of a "reasonable person" in court. When talking about a deadly weapon in aggravated assaults, it refers to an object that may cause death or serious injury. Assaulting certain public employees or officials carries even greater penalties than other forms of aggravated assault. These employees could include teachers, police officers, law enforcement officers, state government officials, and more.

How to choose your criminal defense attorney

One of the most difficult issues in criminal cases is how to choose your criminal defense attorney. When an individual is accused of a crime they need to find the best criminal defense lawyer near them to represent them. Sex Crimes Begin by asking family and friends for their opinion and recommendations, search for attorneys online, and get to know potential attorneys through free in person or phone consultations. Make sure you know your attorney. Consider strengths and weaknesses for all potential attorneys and make your final decision based on the whole profile of the attorney, not just one single, strong detail. Choosing the proper criminal defense attorney to represent you is an extremely important decision for your case. There are a few mistakes that people make while choosing their representation that one should avoid while selecting a criminal defense attorney.

Violent Crimes Self Defense Kennett Square

One of the few defenses to Violent Crimes brought in Kennett Square is Self Defense. Kennett Square Criminal Defense Attorney Under Pennsylvania law the general principle of self-defense is that the use of force towards another is justifiable if the person being attacked believes that such force is immediately necessary for the purpose of protecting themselves against the use of force being brought by another people. In order to handle situations where self - defense comes about, all states developed rules to determine when an individual can use self - defense and how much force can be used to protect ones self. Self - defense justifies that use of force when it is in response to an immediate threat of physical harm, but once that threat has ended the use of force is no longer justified. It is important to think about self-defense from the standard of a reasonable person. Specifically, asking if a "reasonable person" in the same situation would view what an attacker was doing as an immediate threat of physical harm. This is the legal systems best way to determine if the person's perception of danger justified the use of force.

Dui Defenses

One question that comes up in DUI cases is what defenses do I have when I have been charged with Driving Under the Influence? The defenses that an individual has in a DUI case very much depends upon the specific circumstances of the crime. aggravated assault while DUI The first question to assess is why did the police stop the defendant's vehicle? Typically, the police stop a motor vehicle in a DUI case for a traffic violation such as running a red light, or a stop sign or even speeding. However, defendant's also may be stopped for having a tail light out or not signaling when they are changing lanes. In these circumstances, the police do not have to prove that the defendant knew that he was speeding or had a tail light out at the time he was driving. The only thing that matters is that the police officer had probable cause to believe that the defendant was committing a traffic violation.

Criminal Defense Conspiracy

In Criminal Defense cases, criminal defendants may be charged with the crime of Conspiracy.  sex crimes In the Pennsylvania Criminal Code the term conspiracy is defined as "an agreement with another that one or more of them will engage in conduct which constitutes a crime or an attempt or solicitation to commit a crime." This is when an individual agrees to aid another in the planning or the commission of a crime. Conspiracy is a separate and distinct crime with its own statues, and usually involves multiple defendants. When talking about the "agreement" aspect of an conspiracy, it may be in reference to either a implicit or shown action by "two or more guilty minds". All individuals being charged with conspiracy all must intend to achieve the same outcome of the crime and all must have agreed to act together so that the crime comes to fruition.

College Crimes Public Urination

Public Urination is one of the many types of College Crimes that a college student can be charged with. Date Rape Whether it is a homeless person with no availability to a public restroom or a drunk pedestrian making a irresponsible decision, someone commits the offense of public urination. It is more common than you think across the nation, and each city and state has there own law that prohibits the act of public urination. The most important thing to consider when charged with public urination is what type of crime or violation you have been charged with. In Philadelphia, the statute says, "it is unlawful to urinate or defecate on a variety of listed public and private properties". A public urination offense holds a fine of $300, but if the person pays $50 within eight days of the offense the fines and penalties will be dropped. In some situations it is possible to have to register as a sex offender if one is convicted for public urination. This may occur due to indecent exposure or public lewdness as a result of the public urination ticket. This is a serious problem, as registering as a sex offender will be revealed in the event of a background check.

Search and Seizure

The Law of Search and Seizure is governed by the 4th amendment in the United States Constitution.  Miranda Rights The 4th Amendment deals with the right of the people to be secure in their persons, houses, against unreasonable searches and seizures, unless the police obtain a search warrant setting forth probable cause explaining with particularly the place to be searched and the things to be seized. This means that the 4th Amendment gives Americans protection against unlawful searches and seizures. When a police officer or another investigator wants to search someone's private property it requires a search warrant based on probable cause that the subject of the warrant has committed a criminal act. A police or other law enforcement officer must provide reasonable evidence and explanation as to why they issued the search warrant. The difference between reasonable suspicion and probable cause is that reasonable suspicion is more of a hunch, where as probable cause is the logical belief, supported for facts, that a crime has been, or will be, committed.

theft

Pennsylvania law recognizes theft as a criminal offense. Theft is considered the unlawful seizure or depravation of another's property. There are many different types of theft due to there being multiple different way to take someone else's property. One type is the theft by unlawful taking, which is the unlawful taking of someone else's possessions to deprive a person of their property. Retail theft is defined as taking something from a retail establishment without paying full value for the item.  access device fraud Another type is theft by deception, which is withholding or obtaining someone's money or property by presenting false information, withholding information, or deceiving someone to gain their property. This may be confused with theft by extortion, but the difference is that extortion requires the person to withhold another person's money by threatening to accuse them of a crime. Theft does not always have to include physical property either; it could be for receiving services that cost money and then not providing necessary compensation for those services. Other types of theft include those of lost and stolen property.

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