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August 2018 Archives

DUI and Labor Day

One of the main days that the police charge people for the crime of DUI in the Commonwealth of Pennsylvania is Labor Day. Defending DUI The reason for this is the state police and other law enforcement agencies frequently establish DUI check points established for the sole purpose of arresting people for Driving Under the Influence. There are several legal rules that exist when it comes to DUI checkpoints. Specifically, the police are required to publish the dates and locations of DUI checkpoints. If the police do not do this, then the evidence obtained by the police from a defendant may be suppressed or kept out of court. Second, the police may stop an individual who sees the DUI check point and then changes the direction of his vehicle so that he can avoid the check point. Finally, at a DUI checkpoint, the police may only ask a driver to submit to sobriety tests if the possess reasonable suspicion that the drive was driving under the influence of alcohol or narcotics. Make sure to contact the DUI lawyers of Kelly & Conte if you were stopped and charged with DUI at a check point.

DUI should I apply for ARD

One question that criminal defendants are confronted with when they are charged with a DUI is should I apply for ARD? The ARD program is short for the Accelerated Rehabilitative Disposition Program. It enables individuals charged with a DUI to have the charges withdrawn and their criminal record expunged upon completion of the ARD program. aggravated assault while DUI The ARD program is approximately six months long for individuals charged with a DUI. And generally, requires that Defendants engage in counseling and perform community service. The ARD program is only available to criminal defendants who are charged with their first DUI in 10 years. Individuals who have done ARD previously generally are not permitted to participate in the ARD program. ARD can only be given by the District Attorney's Office. Therefore, an accused is generally forced to waive his preliminary hearing and for go challenging the DUI by trying to suppress either the stop or evidence obtained by the police.

Alcohol related College Crimes

A criminal conviction for Alcohol related College Crimes can have a horrendous effect on a young student's future. Date rape Not only are there criminal penalties associated with convictions for Alcohol related college crimes, but frequently, the college where the student attends will also penalize the student for the convictions. Accordingly, a student should take care to not accept a plea deal wo any alcohol related college crime before consulting with an experienced Chester County Criminal Lawyer. Individuals have frequently accepted plea deals thinking that they would simply receive a fine and license suspension only to find that the college that they were attending has expelled them from school as a result of entering into a guilty plea. Colleges have their own judicial review board which they use to determine whether a student has violated a given college's code of conduct. If the Board determines that the student has violated their code of conduct, they can then determine an appropriate penalty for the student. These Penalties can range from probation to expulsion.

Criminal Defense Trial by Jury

In Criminal Defense cases a defendant is granted the right to a jury trial through the U.S. Constitution trial by jury clause. assault crimes When referring to a trial by jury this means that a jury is allowed to make decisions that are later applied by the judge on the case. According to the Constitution, due to the Sixth and Seventh Amendments, a trial by jury is allowed in both criminal and civil trials. In criminal cases where the defendant is accused of a crime punishable by imprisonment (more than six months), they are granted trial by jury under the Sixth Amendment. Trial by jury for civil matters is granted through the Seventh Amendment. The Seventh Amendments stats: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

Vehicle Crimes Administrative License suspension

The Pennsylvania Administrative License Suspension Law pertains to Vehicle Crimes and those who are convicted of a DUI, a license triggering offense, or refuse to submit to a chemical test for DUI. vehicular homicide Convictions like these in Pennsylvania not only bring on license suspensions, they also have legal penalties, like fines and jail time attached to them as well. After you are convicted of the DUI the court will send a notice to the Pennsylvania Department of Transportation (PENNDOT) and they will then send you the effective date and terms of your suspension. Depending on your blood alcohol content at the time of the incident, number of prior DUI convictions, and if the DUI included prescription or illegal drugs will affect suspension terms. For first time DUI offenders with a blood alcohol content (BAC) under .099 will normally not have a license suspension. Those first time offenders with a BAC of .1 to .16 or a second DUI offender with a BAC under .099 will most likely receive a one-year license suspension. For those who are first time offenders with a BAC over .16, second DUI with a BAC of .1 to .16, and a third offense with BAC under .099 will receive a one-year suspension and the installation of an ignition interlock. The ignition interlock is a device that takes breath samples before allowing an individual to start the car. Also for first time offenders, you may qualify for an occupational limited license (OLL), which will allow you to drive under special circumstances like; work, school, or medical treatment.

Vehicle Crimes Hit and Run

One of the most frequent types of Vehicle Crimes is the crime of Hit and Run by a vehicle. A hit and run occurs when someone has been involved in a car accident and leaves the scene without talking to the other party and giving them their information. DUI with marijuana This can be charged as misdemeanor or felony, depending if injuries arise. For both misdemeanor and felony hit and runs they include property damages, but a felony involves the additional requirement of the victim suffering bodily injury. To be charged with a hit and run you would have to leave the scene of a minor accident where the other driver was at fault, leave the scene of an accident after you caused damage to someone else's car, or leave the scene of an accident after your car caused other property damages. It is important to share your driver's license number, insurance information, contact information, and license plate number to the other party when faced with an accident. If you fail to do so it may result in different penalties, including fines and imprisonment, depending on the circumstances.

Sex Crimes sexual assault, harassment and rape

When addressing the issue of Sex Crimes such as sexual harassment, sexual assault, and rape one must understand how each of these terms are defined.  child pornography Many people use those terms interchangeably and incorrectly. It is important to understand what each of these different terms mean and when to use them in the correct context. When talking about sexual harassment it relates to the unlawful harassment of a person, like an employee, based upon that persons sex. This harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual actions. When a person engages in sexual intercourse without the complainants consent is known as sexual assault. Lastly, in the Pennsylvania Crimes Codes rape is defined as "When a person engages in sexual intercourse with the complainant; by forcible compulsion, by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, or who is unconscious or where the person knows that the complainant is unaware the sexual intercourse is occurring."

Drug Crimes Drug Court in Montgomery County

Drug court in Montgomery County provide substance abuse treatment, education for individuals charged with Drug Crimes in Montgomery County. Drug Court also provides other services for the defendant under supervision of the criminal justice system. heroin crimes Montgomery County Drug Court uses methods that help empower participants in the drug treatment court to overcome addictions and other barriers that interfere with their behavior and life choices. Their mission is to enhance the safety of the community. While the participant in the Drug Court is receiving treatment, they are also supervised by a judge, District Attorney, Public Defender, support systems, and a probation officer to help them achieve their goal. The program is also a way to promote community safety because it reduces the recidivism rates among the offenders and it offers Drug addicts hope through working with a twelve step program for recovery.

Criminal Defense ARD in berks county

If you have been charged with a DUI in Berks County and are in need of a Criminal Defense then you may eligible for Accelerated Rehabilitative Disposition (ARD) program. DUI defense The ARD program is ran by the Berks County District Attorneys office. ARD is available for those who do not have a prior record. Being placed in ARD is beneficial to you because if you complete the ARD program you will never have to plea guilty to a DUI and the charge will be expunged from your record. Not only will the charge be expunged, but also the length of your license suspension with be much less if you finish the ARD program. The length of your license suspension depends on you blood alcohol content (BAC), whether there were drugs in your system, if there were any children in the car, and your involvement in the vehicle accident. After you have completed the program requirements for the DUI ARD you are then approved for placement by the Berks County District Attorneys Office and given an ARD court date. The program requirements include; community service, drug, alcohol, and mental health assessments and treatment, alcohol safe driving classes, and payment of court costs and fines. You will then give in your driver's license when you are formally admitted to the ARD program.

Sex Crimes Sex Offenders and Megan's Law

In Pennsylvania, sex offenders are defined as individuals who has been charged and convicted of Sex Crimes or a sexually related crime.  Rape These crimes include rape, sexual assault, and also aggravated indecent assault or indecent assault. With Megan's Law it is required that the state have an updated sex offender registry that is open to the public. This protects individuals from being assaulted by any know sexual offender. Megan's Law was created due to a case where a young lady, Megan Kanka, was murdered by her neighbor who was a two - time convicted sex offender. For all individuals who are convicted of a sex crime is now required to register on the sex offender list in Pennsylvania depending on their offense. If an individual is a tier one offense, they are required to be registered for 15 years. For tier two offence the individual is required for 25 years to be registered and then will be registered for life on a tier three offense. For most juveniles who are convicted of a sex crime are not required to register under Pennsylvania law. During the time of their registration, all convicted sex offenders are required to report any change in address, contact information, school enrollment status, and any other factor that will put them in contact with new individuals.

Criminal Defense Confrontation clause

One of the main tools for a defense lawyer in criminal defense cases is the Confrontation Clause. Sex Crimes The Confrontation clause of the 6th amendment states "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him." This means that all criminal defendants have the opportunity to meet the witnesses on the prosecutions case against them and also allows them to dispute the witness's testimony. Thanks to the 14th amendment, the confrontation clause applies to both state and federal courts. All statements made either in court or outside the court can be used in evidence during any trial. The confrontation clause applies to statements made in court and it permits the defendant to cross - examine a witness so they can essentially challenge their testimony. If in a case the judge restricts a defendant's cross - examination of a witness, it may lead to a violation of the confrontation clause.

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