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September 2018 Archives

Criminal Defense Reasonable Suspicion

A term that arises in Criminal defense cases is the term of reasonable suspicion. Reasonable suspicion is defined as the reasonably justified suspicion of a police officer, to assume that a person has recently committed a crime, currently committing a crime, or intending to commit a crime. Reasonable suspicion allows an officer to briefly detain a suspect and pat down the outer layer of their clothing for weapons. defending dui cases Reasonable suspicion differs from probable cause, as reasonable suspicion is used to prevent crime and keep the officers and area safe from possible crime. Unlike probable cause, reasonable suspicion does not allow police officers to search for other items other than weapons. However, in some instances, if other items are found during a pat down, such as drugs, probable cause can then be created to search.

Criminal Defense Cyber Crime

As discussed in terms of Criminal Defense, Cyber crime is any illegal activity that is committed through the use of a computer or electronic device for commission, transmission, or storage.  child pornography crimes A few types of cyber crime include: bullying, stalking, identity theft, computer viruses, and terrorism. Three common types of cyber crime include bullying, terrorism, and identity theft. Cyber bullying is defined as using the internet to harass, embarrass, or intimidate others. Charges that can follow include assault, harassment, libel, and sometimes terrorism. Cyber terrorism is the threat of harm or extortion through the internet on the civilian population, political or social objectives, and persons and properties to intimidate the government. Identity theft is committed when someone steals another person's personal information to commit acts of fraud through financial resources. Cyber crimes are criminal and can be just as punishable as physical crimes. It is important to understand what activity you are engaging in and to what extent are you found liable of committing a crime.

Criminal Defense Bench Warrant

As discussed in criminal defense cases, a bench warrant is a writ issued by a judge when a defendant disobeys a court order in which they were told, such as failure to appear (FTA). assault crimes Bench warrants may also be presented for other acts of disobedience such as, failure to report to jury duty. When a bench warrant is issued, police officers have the right to arrest and detain defendants so that they may be brought before the court. Once a warrant is created and issued it is entered into a database, which can later be found through any police interaction. For example, a citation may be given to a person who must then appear in court for the charges held against them. However, this person decides not to appear in court, and receives a warrant for their arrest. This person is later pulled over for speeding 4 weeks later, and will now face the consequences of speeding and the bench warrant. Police officers will issue a ticket for speeding, while also arresting them for their active warrant. Accordingly, a bench warrant can have a huge effect on an individual's freedom.

Drug Crimes Chester County Drug Court

Chester County provides a drug court program for non-violent drug dependent offenders charged with Drug Crimes, which provides treatment and judicial authority intended to support offenders in treatment. heroin This program consists of four phases lasting from the minimum of 12 months to 24 months. Drug court is run by the Chester County District Attorney's Office and the Office of Drugs and Alcohol Services, bail agency, and adult probation. All of these different agencies are involved in supervising and implementing rules for criminal defendants who are placed on the program with the goal of rehabilitating the accused from his or her dependency on drugs and alcohol. If you have received a non-mandatory drug offense, or are a first time DUI/drug offender, contact the lawyers at the Law Office of Kelly and Conte for good legal representation regarding an alternative to a conviction.

Sex Crimes and Their Definitions

The various Sex Crimes that you can be charged with in Pennsylvania and their definitions can be found in Chapter 31 with the use of words such as "complainant", "deviate sexual intercourse", "serious bodily injury", "indecent contact", and "forcible compulsion". These definitions are listed in 3101 under subchapter A, while subchapter B gives definitions to the specific acts of crime. Chapter 31, subchapter B lists common sexual offense charges brought upon people. The most common offenses include Section 3121: rape, Section 3123: involuntary deviate sexual intercourse, Section 3124.2: institutional sexual assault, Section 3125: aggravated indecent assault, and Section 3127:indecent exposure. Other sexual offenses that are not listed, may be found under Chapter 31 in Title 18 Crimes and Offenses. If accused of any sexual offenses, it is important to contact a lawyer for further assistance prior to making any decisions that could alter one's life.

College Crimes ALCOHOL RELATED CRIMES

College Crimes such as alcohol related crimes has become prevalent on college campuses across the world, as it is known to be a tradition in many social settings. Alcohol consumption can occur at local bars, off campus housing, on campus dormitories, local college parties, and etc. Alcohol has become a choice of drug for students of all ages, races, and genders, causing people of all backgrounds to possibly experience a negative effect of drinking. Students under the influence of alcohol can then create problems for themselves, their families, and their community. Effects of alcohol drinking can be costly, destructive and troublesome to those drinking, as well as non-drinkers, as they can become victims of certain behaviors. Common problems on college campuses preceding alcohol consumption include alcohol related crimes. These crimes can include, property damage, sexual and physical assault accusations, motor vehicle crashes, under-aged drinking, driving under the influence, and public drunkenness. Title 18 states these crimes and offenses in depth, which fall under specific chapters. The following sections provide details on the charges; Section 3304: vandalism, Section 2701 and 2702: assault, Section 3124.1: sexual assault, Section 3732.1: aggravated assault by vehicle, Section 6308 under-aged drinking, Section 3802: driving under the influence, Section 5505: public drunkenness. These charges can affect a student's education, but most importantly their future from legal charges. As a result of criminal charges, students should consult with an experienced criminal defense lawyer before making any decisions, including plea deals.

Getting busted with weed: What college students should know

With classes underway, college students across Pennsylvania are gearing up not only for studying hard, but for partying hard, too. And that means more crackdowns on underage drinking and drug crimes. At the end of the night, even the most responsible and well-meaning students can find themselves in trouble with the law.

Drug Crimes Possession of drug paraphernalia

Drug Crimes such as Possession of Drug Paraphernalia can have serious consequences. Possession of drug paraphernalia is a very serious crime and can result in penalties that are more serious than a simple possession of drug charge. meth crimes If convicted of possession of drug paraphernalia you could face prison time of up to one year and also receive a $2,500 fine for a first offense. According to Pennsylvania law, any item that has been suspected of being used for smoking, ingesting, inhaling, storing, hiding, packaging, mixing, growing, producing or distributing drugs could be considered as drug paraphernalia. Examples of this can be baggies used to store drugs, anything used to ingest drugs, such as pipes, blunts etc and scales and other items. Under Pennsylvania law and when referring to a charge of possession of drug paraphernalia, possession can be either constructive or actual possession. "Constructive Possession" means that the defendant was in close proximity to the drug paraphernalia, was aware of its presence and had the intent to possess it. Such as a lady sitting next to her pocket book. Actual possession refers to illegal drug paraphernalia being found on your person.

Drug Crimes on College Campuses

Drug Crimes, or crimes involving the use or sale of drugs do occur on college campuses. In Pennsylvania, some of the most common drugs to be found on college campuses are alcohol, marijuana, and Adderall, and other stimulant medications. heroine Underage drinking is a major problem when talking about drug crimes on college campuses. Alcohol, although not commonly considered to be a drug is one albeit legal to those over 21 years of age. If you are found to be in possession of drugs, like alcohol or marijuana, there are consequences from both the university and also local law enforcement. Abusing alcohol can lead to college students committing alcohol-related crimes and can also lead to driving under the influence. Being caught with other drugs has a major impact on a student's future. Before a student makes any decision on their drug related charge on campus, including any plea deals, it is important to consult with an experienced criminal defense lawyer.

Sex Crimes Sex assault on school campus

Sex Crimes such as Sexual assaults on college campuses occur each year and are becoming more or national problem both in terms of the horror that the actual criminal assaults can have on victims and the horror that false accusations can have in the accused. indecent assault A sexual assault is defined as a person engaging in sexual intercourse or deviate sexual intercourse with another person without their consent. Sexual assault is considered a second-degree felony in Pennsylvania and therefore punishable by 10 years in prison. If a defendant is convicted of sexual assault, rape, and other sexually related crimes, they will have to register as a sex offender for life. When the sexual assault occurs on the colleges campus there will be penalties through the university, which could include expulsion. According to a recent article by NPR, some students that are accused of sexual assault are suing campuses stating that their Title IX rights have been violated. This is due to not receiving a fair chance at proving their innocence.

College Crime Assaults on college campuses

One aspect of College Crime that can ruin a student's career are assaults that occur on college campuses. learn about date rape Different types of assaults that occur on college campuses are sexual assaults, physical assaults, simple assaults, aggravated assaults, and verbal assaults. Many students report experiencing some type of assault or violence on college campuses each year. Some of the most prominent forms on violence that occur at colleges include, but are not limited to; hate crimes, hazing, rape and sexual assaults, stalking, and vandalism. When charged with any form of assault on college campuses there are consequences both through the university and also local law enforcement. A student can be charged with a simple assault or aggravated assault when accused of sexual or physical assaults. Simple Assault is a misdemeanor charge that alleges that a defendant caused injury or attempted to cause injury to another person. Aggravated Assault is a felony crime where a defendant is charged for intentionally causing serious bodily injury to another person.

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