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Criminal Defense Archives

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.

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.

Criminal Defense Vehicle Stops

One area of Criminal Defense where defendants may try to suppress evidence occurs during police vehicle stops. CYS investigations In order for a police officer to stop a vehicle they must have either probable cause or reasonable suspicion that the driver is violating a law in Pennsylvania or part of the vehicle code. Police are not justified in randomly stopping vehicles unless they have a reason to suspect that there is some sort of criminal activity taking place. The United States Supreme Court has determined that if a vehicle is randomly stopped by an officer it is considered an unreasonable seizure under the Fourth Amendment. If you are randomly stopped without probable cause or reasonable suspicion of criminal activity, then any evidence the police officer may have found in the vehicle can be suppressed in court. Even if you believe you are being randomly stopped with no probable cause, it is important to fully cooperate with the officer. If you are pulled over you should always ask the officer why you were stopped. If they ask to search your car they cannot proceed without either your permission or probable cause.

Criminal Defense Double Jeopardy

One issue that can arise from time to time in Criminal Defense cases is Double Jeopardy. When "double jeopardy" is referenced it means that a criminal defendant in Pennsylvania cannot be tried twice for the same crime. probation violations So, if a person charged a second time for the same crime can use double jeopardy as a criminal defense. In the decision of Benton v. Maryland, the United States Supreme Court decided that all constitutional guarantees in the Bill of Rights apply equally to state and federal governments. This means that criminal defendants have been protected from double jeopardy at both the state and federal level. Accordingly, a criminal defendant can argue that criminal charges against him should be dismissed as a result of double jeopardy if the Commonwealth of Pennsylvania charges the defendant with acts that he had already pled guilty to

How to choose your criminal defense attorney

One of the most difficult issues in criminal cases is how to choose your criminal defense attorney. When an individual is accused of a crime they need to find the best criminal defense lawyer near them to represent them. Sex Crimes Begin by asking family and friends for their opinion and recommendations, search for attorneys online, and get to know potential attorneys through free in person or phone consultations. Make sure you know your attorney. Consider strengths and weaknesses for all potential attorneys and make your final decision based on the whole profile of the attorney, not just one single, strong detail. Choosing the proper criminal defense attorney to represent you is an extremely important decision for your case. There are a few mistakes that people make while choosing their representation that one should avoid while selecting a criminal defense attorney.

Criminal Defense Conspiracy

In Criminal Defense cases, criminal defendants may be charged with the crime of Conspiracy.  sex crimes In the Pennsylvania Criminal Code the term conspiracy is defined as "an agreement with another that one or more of them will engage in conduct which constitutes a crime or an attempt or solicitation to commit a crime." This is when an individual agrees to aid another in the planning or the commission of a crime. Conspiracy is a separate and distinct crime with its own statues, and usually involves multiple defendants. When talking about the "agreement" aspect of an conspiracy, it may be in reference to either a implicit or shown action by "two or more guilty minds". All individuals being charged with conspiracy all must intend to achieve the same outcome of the crime and all must have agreed to act together so that the crime comes to fruition.

Criminal Defense Social Media and criminal cases

One thing that has become apparent in criminal defense is that social media and the internet can affect the outcome of criminal cases. Sex Crimes In the past few years social media, like Facebook, Twitter, and Instagram, have played a huge role in the affects of many individuals criminal cases. Using these websites as a way to share information and memories with friends and family is one thing, but those posts can be used as evidence in a criminal investigation as well. Police can use your social media posts and pictures as evidence in obtaining a arrest or search warrant against you. Not only can police work behind the scenes, they can also work undercover with a fake social media account and get someone to expose that they have participated in criminal activity, which then leads to an arrest or charges being filed.

Criminal Defense the right to Bail

One universal truth is that in Criminal Defense cases Defendants almost always have the right to Bail. Bail becomes the most important topic of discussion when a criminal defendant is arrested and charged with a crime.  juvenile sex offensesA criminal defendant is placed on bail at his Preliminary Arraignment. When talking about setting bail, this means that a set amount of money is set between the court and the person in jail. From time to time bail is set at a high amount so defendants are unable to post the bond and are therefore detained in prison until their case is resolved. The purpose of bail is to give an arrested person their freedom until they are convicted. In some cases, the judge will set a bail amount that is very high, with the intent of keeping the suspect in jail for the duration of his or her trial. A request to lower the bail amount can be made via a motion.

Criminal Defense Police Brutality

One issue that arises in Criminal Defense cases is: Can Police Brutality be a defense in my Criminal Defense case? The answer is it depends. The fact that the police used physical force to beat up a defendant is certainly almost always relevant in a criminal defense case. assault crimes But it might not be enough equate to reasonable doubt. Typically the most important issue in terms of police brutality is when did the police brutality take place. Specifically, police brutality is not relevant when the police used excessive force on a criminal defendant when they arrested him for a crime such as a robbery or burglary that happened several days before. The reason for this is the use of excessive force in that instance does not change the fact that the defendant committed an earlier robbery. Specifically, there might be several eye witnesses who claim that the defendant robbed a pizza delivery man and the pizza delivery man himself might be able to identify the defendant as the man who robbed him. Accordingly, the fact that the defendant was beat up when he was arrested by the police does not change the fact that the witnesses claimed he committed a robbery.

Criminal Defense Furnishing Alcohol to minors

One crime that can have very serious consequences in criminal defense cases is the crime of furnishing alcohol to minors. The crime of furnishing alcohol to minors is fairly self- explanatory.  Firearm charges In order for a criminal defendant to be found guilty of this crime, the commonwealth of Pennsylvania must prove the following criminal elements beyond a reasonable doubt. First, that the accused intentionally and knowingly sells or gives or buys alcohol with the intention of giving the liquor or alcohol to someone who is less than 21 years of age. And second, that the accused knew that the person receiving or buying the alcohol was under 21 years of age. This crime is graded as a misdemeanor of the third degree and therefore punishable by a maximum of 1 year in prison and a $2500 fine. However, the significant impact of this crime can occur if one of the minors commits other crimes after he or she received the alcohol from the defendant.

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