The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 Criminal Defense Attorney | Top 10 Attorney And Practice Magazines | 2019 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Criminal Defense Archives

Criminal Defense evidence in a cell phone

Discovery in criminal defense cases can involve evidence in a witness's cell phone. One of the most important and lengthy parts of a legal case is the discovery phase. sex crimes trials In some cases, critical information or pieces of evidence might lie in someone's cell phone. With the advancement of technology more and more cases rely on evidence that is discovered on a phone or laptop. As a defense attorney builds their case for their client, they can file motions to gain access to the content of an individual's phone. However, the courts must consider the constitutional right to privacy of the individual with the phone, and the constitutional right that the accused has to properly defend themselves. This is a very delicate balance and this issue has come up in the past. For instance, the case of Commonwealth v. Lloyd, discussed this issue and made a decision that would help future courts on how to properly weigh the conflicting rights.

Criminal Defense Perjury

 Lying while under oath in criminal defense cases is known as perjury. Perjury is a criminal offense in the United States. sex crimes  Specifically, in Pennsylvania, this statute is written under section 4902 of the Pa criminal code. It states that a person commits the act of perjury if they provide any false information while under oath, in any official proceeding. The offense of perjury is a felony of the third-degree and with it comes a sentence of up to seven years in a state prison. Most people associate the crime of perjury with idea that a witness in a criminal trial lied while testifying. While that is considered perjury, as mentioned in the statute, perjury applies to any official proceedings where the person given statements is under oath. This can include depositions and testimony that is not given on a witness stand. Due to the fact that it can be hard to prove that perjury took place, there are a number of defenses that an individual can use if charged with perjury.

Criminal Defense Use of force for the protection of property

As mentioned in previous posts about Criminal Defense, the right to the use force for the protection of property or to stop a threat in self-protection is an American principle that makes the United States a unique country. Violent Crimes In the Commonwealth of Pennsylvania not only are you allowed to use force in self-defense or for the protection of another, you are also allowed to use force for the protection of your property. The use of force for the protection of property is written in section 507 in the Pa criminal code. It is very similar to the pervious mentioned statutes in that it lays out when and when an individual can use force in order to protect property. The first provision states that an individual can use force to protect their property to prevent the unlawful entry into their property. Essentially if someone breaks into your house with the intention of stealing your property or committing another felony, you can use force to stop that threat.

Criminal defense Execution of public duty

There are many cases in Criminal Defense cases where individuals find themselves in a situation in which the use of force is necessary in order to execute a public duty. Section 504 of the Pa criminal outlines the specifics of when the use of force is necessary in the execution of public duty. public drunkenness There are a number of provisions that outline when exactly force can be used and would be protected under this statute. The first provision is about defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties. Essentially this gives public officers the right to use force when they deem it necessary to perform their duties. The next provision protects anyone who is executing a legal process. The third provision protects individuals who are enforcing a contempt of court order. The fourth provision protects individuals who are in the armed forces that are acting within the lawful conduct of war.

Criminal Defense False swearing

The act of false swearing in Criminal Defense cases is very similar to the act of perjury. self-defense Specifically, the act of false swearing is defined under section 4903 of the Pa criminal code. It essentially is lying under oath or the equivalent affirmation. False swearing can take place during any official proceeding and the statements must be made with the intention to mislead the public official and prohibit him from preforming his official function. In addition, there is also a provision of the statute that covers a situation in which an individual lies to a notary. The main difference between perjury and false swearing is that the false oath in perjury must be made in a judicial proceeding, whereas in false swearing does not need to be made in such a proceeding. While perjury can be based only on an oath required by law, in false swearing the oath may be made in a voluntary statement or affidavit, and it is not necessary that the purpose of the oath was to influence or mislead anyone.

Criminal Defense Unsworn falsification to authorities

One Criminal Defense charge in regards to statements made to the police is Unsworn falsification to authorities. While the offenses of perjury and false swearing both cover lying under oath or the equivalent affirmation, unsworn falsification to authorities covers, as the name suggests, the times when false statements are made while not under oath. sex crimes The act of unsworn falsification to authorities is written under section 4904 of the Pa criminal code. It essentially means that an individual is guilty of this offense if he has the intention to mislead any public official in the course of their duties. This can include giving either written statements or oral statements. In addition, if an individual provides a document that he knows to be false or forged or altered in any manner to an official, he is also guilty of this offense. This statute can be confused with providing false statements to a law enforcement officer, however, in the legal sense they have different meanings and different penalties if found guilty of the offense.

Criminal Defense Rule 600

Rule 600 is a rule of procedure that comes up in Criminal Defense cases. child endangerment Under the 6th amendment of the constitution of the United States, there is a clause that guarantees our right to a speedy trial. Similarly, if you are facing criminal charges in Pennsylvania, under the rules of criminal procedure, rule 600 also guarantees that right. The prosecution must bring every criminal defendant to trial within 1 year of them being charged with the offense. If they fail to do so, then the defense attorneys for the defendant can file a motion to dismiss the charges. With every rule, there come exceptions. There are many exceptions to the rule 600. The prosecution must be the ones at fault to get the charges dismissed, if the trial is not happened within a year of being charged. If the defense files motions or asks for continuances, and the trial has not happened within a year, you cannot file for dismissal under rule 600.

Criminal Defense Statute of limitations

One major aspect of criminal defense cases is the statute of limitations. In Pennsylvania, like many other states around the United States, set what are known as statute of limitations on certain crimes. rape Essentially a statute of limitation is the time period in which the prosecutor may bring charges against an individual. If the time period elapses over the set limit, then charges cannot be filed. It may seem unusual to set a time period for when a person can and cannot be charged with a crime, but statutes of limitations are put in place for a good reason. They are put in place to ensure that the evidence that applies to a certain case, is protected against degeneration. Witnesses to crimes may die off, move or their memories of the event may fade if charges aren't filed in a timely manner. Blood samples and other key pieces of evidence may be misplaced when filing or deteriorate over time.

Criminal Defense right to a speedy arrest

A right that might sound somewhat odd in Criminal Defense cases is the defendant's right to a speedy arrest. What that basically means is that a defendant has a due process right under the laws of the Commonwealth of Pennsylvania to be charged promptly with a crime under most circumstances. The reasons for this are straightforward. violent crimes Specifically, the greater the amount of time that goes by before a defendant is arrested, the greater the chance that various witnesses to the case will be more difficult to locate, or if they are located, they may not remember what occurred. Accordingly, there are motions that an accused can file in court alleging that his rights to a speedy arrest were violated when the Commonwealth takes their time bringing criminal charges. Specifically, this is the case where the Commonwealth delays making an arrest and later, after they finally make the arrest they are unable to specify with reasonable certainty the day that the crime occurred on. In addition to this, the defense must able to show that the delay resulted in the unavailability of possible exculpatory evidence.

Criminal Defense owning or operating a chop shop

In the realm of Criminal Defense cases, a chop shop is known as a building where a person or group of persons who take apart or dismember cars or parts of cars that they know or should know have been stolen or obtained by fraud. Section 7702 of the Pennsylvania Crimes Code states the obvious and makes it a crime for a person to either own, operate or work in a chop shop. child endangerment The Commonwealth still has to prove their case beyond a reasonable doubt in order for an accused to be found guilty of this crime. So let's explore what criminal elements they are required to prove. First, the government must prove that they accused knowingly operates or runs or owns a chop shop. Generally speaking it is difficult to run a chop shop by accident, unless of course the owner of the building has no idea what the renter or leaser of his building is operating a chop shop inside.

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
126 W Miner St #1
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Kennett Square Office
110 East State Street
Suite 305
Kennett Square, PA 19348

Phone: 610-314-7066
Phone: 610-422-7041
Fax: 610-344-7585
Map & Directions