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November 2018 Archives

Judge issues temporary restraining order to stop asylum ban

Pennsylvania residents may be interested to learn that a federal judge temporarily blocked the ability of the Trump administration to refuse asylum to people who cross the southern border illegally. The temporary restraining order was issued on Nov. 19 by a judge in San Francisco after hearing arguments from the Center for Constitutional Rights and the American Civil Liberties Union.

Criminal Defense Disturbing the Peace

In the Commonwealth of Pennsylvania and criminal defense cases, there is no specific criminal charge called Disturbing the peace. assault crimes Instead, individuals who are deemed by a judge of Disturbing the peace are charged with the criminal charge of disorderly conduct. If you have been charged with disorderly conduct for disturbing the peace, you may have been accused of engaging in one of the following courses of conduct: playing loud music, fighting, bullying another student on school grounds, using offensive words in public, or knocking loudly in public places such as a hotel. Other behaviors may also constitute disturbing the peace and lead to a criminal defendant being found guilty of disorderly conduct. Typically these are activities which were done with the intent or desire by the accused to cause a disturbance.

College Crimes Open Container Laws

Open container laws, which are typically included in the category of college crimes, restrict people from possessing alcohol being held in an open container in areas such as a public sidewalk, school property, inside a parked vehicle, and in a residential neighborhood. learn about Date Rape In Pennsylvania, open containers, meaning possession of open beer bottles or liquor bottles, are prohibited by both drivers and passengers in a motor vehicle. However, there are some exceptions to this law. Specifically, the open container law does not apply to people riding in buses, limousines, and taxis. It does apply to individuals riding in an uber. These laws in general, were put into place to discourage individuals from drunk driving, accidents involving alcohol and disorderly conduct.

Violent Crimes Kidnapping

The statute for Violent Crimes such as Kidnapping can be found in the Pennsylvania Crimes Code. terroristic threats Kidnapping is listed under Title 18, Chapter 29 in the state of Pennsylvania. Kidnapping is a crime that requires the restraining of a victim against his or her will. Other similar crimes that are prosecuted in the Commonwealth of Pennsylvania are: unlawful restraints, false imprisonment, interference with the custody of children, and the interference with the custody of committed persons and luring a child into a motor vehicle. Kidnapping is frequently thought of taking another person against their will to an undisclosed location. The most common acts of kidnapping include being done for ransom or in a child custody connection. In Pennsylvania, kidnapping is defined as unlawfully removing a person within a substantial amount of distance from where they were found or confining a person for a certain period of time with the intent of committing other acts to them. In order for an accused to commit a kidnapping, these other acts must include holding a victim for ransom or as a shield, intending to inflict bodily injury, facilitating a felony, or interfering with the performance of public officials.

Sex Crimes Prostitution

Sex Crimes such as Prostitution are illegal in the Commonwealth of Pennsylvania. Prostitution is defined under Title 18 of the Pennsylvania Crimes code as a defendant offering, engaging, or agreeing to any sexual acts in exchange for a form of compensation such as money or something else. Individuals who can be accused with this crime can include the alleged prostitute, those paying for the sexual services (Johns), and those who act as middle men "pimps". Child Porngoraphy crimes Offering sexual services is considered a crime, however those paying for these services can also be charged with "solicitation of prostitution". Additionally, prostitutes can be charged with solicitation for trying to get clients. Specifically, the crime of solicitation occurs at the moment two or more parties agree to have sex for the exchange of money, and the prostitute took some step, such as advertising on the internet to try and initiate the agreement.

Child support and custody during divorce

Parents in Pennsylvania may go through difficult and emotionally challenging times when they decide to divorce, especially if both partners are particularly close to the children. Transitioning from a full-time to part-time parent can be complex, especially when the partners can't come to an agreement over child custody and parenting time. When the matter winds up in court without a negotiated agreement, both parents may feel as if they are not receiving a fair shake. While mothers often feel they are not taken seriously, fathers may worry about being subject to gender bias.

Criminal Defense Violation of Probation

Probation is defined in Criminal Defense cases as part of a particular type of sentence given to a defendant that requires certain conditions and requirements while allowing them to remain in the community. Under the influence of marijuana Probation can also be in addition to a required jail sentence, however this will follow the time served in jail. While on probation, defendants are sometimes kept under strict supervision, and follow all rules put in place. When probationers do not abide by the guidelines given, this is considered a probation violation. The violation of probation occurs when someone ignores, avoids, refuses, or break the terms and conditions during the probation period. These types of things can include not appearing to court or to a probation officer, failing to pay fines, traveling out of state or to restricted places, possessing drugs, committing a new crime, or getting arrested again. After violating probation, a probation officer will determine what steps to take next depending on if it is a first violation or the severity of the violation. In minor cases, a probation officer can give a warning, while a major case can result in a hearing at court. During a hearing, the prosecution will have to prove beyond a preponderance of the evidence that a violation occurred, and if so consequences will apply. Consequences can include extended probation, additional terms for probation, time in jail, or a revoked probation sentence.

Violent Crimes Harassment

One type of violent crimes that is primarily involved in domestic abuse cases is the crime of harassment. domestic violence Harassment is defined as different behaviors under both civil and criminal laws. Criminal behaviors are actions against another person is generally an action such as a shove a push or a punch. However, these actions only qualify as a type of harassment if the shove or push is intended to alarm, annoy, cause fear, torment, or terrorize the victim causing the victim to fear for her safety. These actions are general forms of harassment which is graded as a summary and therefore punishable by a maximum of 90 days in prison and a $300 fine. There are other types of harassment which are more serious under the law such as stalking and cyberstalking. Stalking is defined as consistent harassment that can cause someone to have emotional distress. Harassment can be communicated through telephones, emails, text messages, or any other form of communication, which can result in cyberstalking.

College Crimes Public Drunkenness

A conviction for College Crimes such as Public Drunkenness can reflect very poorly on a young man or woman attending college. Although it is not as serious a crime such as Driving Under the Influence or Possession of narcotics, it is a crime that carries significant negative connotations. Public drunkenness is graded as a summary offense in the Commonwealth of Pennsylvania. Accordingly, a conviction for this crime can carry a maximum of 90 days incarceration and a $300 fine. school hearings Public Drunkenness can be found under Title 18 Section 5505 of the Pennsylvania crimes code. A person who is guilty of public drunkenness appears to be under the influence of alcohol or a controlled substance in a public place. Public intoxication laws are put in place to prevent people from from disturbing others, or causing harm to themselves or others. However, these laws do require that these three elements are present in order to create a criminal charge; appearing to be, drunk or intoxicated, in public.

Tougher DUI penalties signed into law

Driving under the influence in Pennsylvania carries tougher penalties now that the state's governor has signed a bill into law. A felony charge for some third offenses and an increased prison sentence for DUI-related vehicular homicide are just some of the changes that have been made.

Violent Crimes Resisting Arrest

Convictions for Violent Crimes such as Resisting Arrest can lead to serious consequences for the accused. assault crimes Resisting arrest is a misdemeanor of the second degree in Pennsylvania under Title 18, Section 5104 of the Pennsylvania Crimes Code. Resisting arrest is defined as an accused intending to prevent an officer from making an arrest or any other official duty. Additionally, this resistance can create a risk of the officer suffering bodily injury, or the resistance requires the officer to use substantial force to overcome the resistance. When being charged with resisting arrest, it is the prosecutions job to prove that the following elements are present; first that the defendant reasonably knew that they were resisting a law enforcement officer, they intentionally resisted, and that the officer performed in a lawful manner. Actions that are considered as resisting arrest are struggling against or attacking an officer during an arrest, giving an officer a false name or information, or requiring an officer to use more effort to arrest you.

College Crimes Assaults on college campuses

Different types of assaults that occur on college campuses, generally known as college crimes, are sexual assaults, physical assaults, simple assaults, aggravated assaults, and verbal assaults. Date Rape 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. A conviction for these types of violent crimes can lead to imprisonment and certainly probation. It is important for an accused to retain the legal services of an experienced college crimes lawyer if charged with an assault.

College Crimes Committed During College Homecomings

College Crimes that are committed during college homecomings almost always involve alcohol or illegal drugs. carrying a fake ID Colleges are known for their annual homecomings that occur in their fall semesters between October and November of each year. College homecomings are defined as a tradition of welcoming former students and members back to the university to celebrate the organizations existence. Special activities included in homecoming events are football games, parades, reunions, and tail-gaiting. In almost all events, the consumption and possession of alcohol and drugs are at an all time high. As a result many police are active due to an expectancy of criminal complaints being made. Common complaints result in several college students being arrested and/or charged with misdemeanor or summary offenses. In more severe cases, felony charges may be brought against a student by the campus police. Crimes that are common during this period and frequently brought by the West Chester Campus Police are public drunkenness, under-aged drinking, false-identification, driving under the influence, disorderly conduct, and assaults. Police are active on college campuses during this time to prevent crimes, and to enforce the law through the university.

Investigation for Sex Crimes

Sex crimes can constitute many different things as various offenses fall into this category, however they all involve sexual conduct against another person that is illegal or coerced. Common offenses that are defined as sex crimes include rape, statutory sexual assault, prostitution, indecent exposure, and child pornography. corruption of minors If you are charged with any of the above, or other types of sex crime, it is best to contact an experienced sex crimes lawyer immediately. The investigation of a sex crime begins with an alleged victim who will give certain information to police. One of the main factors to consider in this investigation is how and why did the alleged victim contact the police. Was it through a mandatory reporter such as a counselor or nurse and did the alleged victim have a motive to falsify the alleged sexual assault. Following that, you may be contacted for an interview or statement in regards to the charges brought against you. If contacted, you should decline to speak and immediately contact a lawyer here at the Law Offices of Kelly and Conte for assistance and guidance in legal representation.

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