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Criminal Defense Archives

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.

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.

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.

Criminal Defense Intent to Commit a Crime Attempt, Conspiracy

The following criminal defense charges all involve the intent to commit a crime even if a crime has not been completed through attempt, conspiracy and aiding. These actions are still considered criminal, and you should be aware of the penalties each carry if you have been charged with any of the above offenses.  Sex CrimesWhen charged with aiding a crime, you are not required to be present, however your knowledge of a crime can be enough to charge you with this offense. Aiding includes counseling the actor, intending to assist in a crime, and acting prior to the crime was committed. Attempt is defined as having the intent to commit a crime, and actually taking action towards it, however failing to complete the action. Conspiracy involves two or more people who collectively plan to commit a crime and take a certain act towards it. However, the act does not necessarily have to be criminal but the agreement and intent to commit is enough. Other similar conducts can include solicitation which is defined as requesting, encouraging, or demanding others to engage in criminal activity. An example of this is prostitution.

Criminal Defense Chester County ARD Program

One program that criminal defense clients frequently ask about during consultations is the Chester County ARD program. DUI/DWI The ARD program provides a program for non-violent First-Time offenders. This program permits these first time offenders to have their criminal charges withdrawn and expunged from the criminal docket. This program consists of several different aspects and lasts a minimum of 6 months to a maximum of 24 months. The Chester County ARD program is supervised by the Chester County Adult Probation Unit. While on this program, an accused is frequently required to perform community service, receive drug and alcohol counseling, pay a fine of at least $1,500 and pay back any and all restitution. If you are a first time DUI offender or have been charged with a non-violent crime for the first time in a 10 year period then you might be eligible for the ARD program. Contact the lawyers at the Law Office of Kelly and Conte for good legal representation and to see if the ARD program might be a good fit for you.

NTSB warns about rise in drug-impaired driving

The National Transportation Safety Board has called for police officers in Pennsylvania and around the country to be provided with a standardized roadside test to determine whether or not motorists are driving under the influence of drugs. The government watchdog said in an Oct. 16 statement that action is urgently needed due to a worrying rise in opioid use and the increased legalization of medical and recreational marijuana.

Criminal Defense Disorderly Conduct

One of the most frequent criminal charges brought by the police in criminal defense cases is the charge of disorderly conduct. Disorderly Conduct is a crime that is frequently sought out by experienced criminal defense attorney's as a way to reduce a client's charges. child endangerment Receiving a criminal charge can possibly result in jail, extreme costs and fines, and a criminal record, which can cause problems in your future. However, in some cases defendants are fortunate enough to receive lesser charges in exchange for a summary offense of disorderly conduct. Some criminal charges that may be eligible for negotiation include criminal mischief, harassment in the summary degree, and possession of marijuana. Charges such as possession of marijuana and most types of theft crimes are graded as misdemeanors, and depending on the extent of the crime and lack of criminal history, one may have a great chance of negotiation. In order to receive the proper guidance in court with regards to negotiating, it is imperative that you contact an experienced lawyer. Experienced lawyers here at the Law Office of Kelly and Conte, can walk you through the legal process and assist with any questions and concerns.

Hire a Criminal Defense Lawyer before Self-Representation

In Criminal Defense cases, Defendants who choose to represent themselves via self-representation instead of choosing to hire a defense lawyer are referred to as "pro se" and "pro per". Pro se and pro per essentially means "for ones own person". DUI DWI lawyer Someone who chooses to represent them-selves without the help of a legal attorney must understand what "for ones own person" truly means. Before representing oneself, you must prove that you are competent to work individually. Judges can use factors of the defendant, such as the age, level of education, the familiarity with English, and the seriousness of the crime charged. Defendants must also be aware and knowingly giving up their 6th amendment right to an attorney, while fully understanding court proceedings. Court proceedings for self represented defendants will proceed in the same manner as if an attorney was present. For this reason, self-representation is not recommended.

Several defenses available for drug possession charges

Being charged with possession of drugs is a serious crime in Pennsylvania that can have lasting consequences. The federal government also has strict penalties for drug possession. These penalties may increase if the drugs were possessed with the intent to sell. If an individual who has been charged with drug possession intends to plead not guilty, a lawyer has several different defense options in order to help a client.

Criminal Defense Parole Violations

In Criminal Defense cases Parole is defined as the supervised release of a convicted criminal defendant upon the completion of a portion of their sentence. While on parole you are still supervised, however you are being granted the return to society after proven you have rehabilitated. probation violations In order for a criminal defendant to be released from prison and granted parole, he must be either released from the county prison or specifically granted parole by the state parole board. Parole requires specific rules to be followed such as reporting to a parole officer, not associating with ex-convicts, staying within certain geographic areas, avoiding getting into legal trouble, and reporting if you move. If you are found guilty of violating any of the required conditions, the court may impose penalties against you and your probation officer may put out a warrant for your arrest. Make sure to consult with the experienced Parole Violation Lawyers at the Law Offices of Kelly & Conte.

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