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Criminal Defense Archives

Criminal Defense False Statement to Police Officer

Criminal Defense charges such as False Statement to a Police Office can be found in title 18 section 4906 of the Pa criminal code. Under the code, it is illegal to give false information law enforcement authorities. assault crimes The first subsection of the statute makes it illegal to falsely accuse someone of committing a crime you know they did not commit. This act is considered a misdemeanor of the second-degree and with it comes a sentence of up to two years in prison and a fine not to exceed $5000. The statute then goes on to define two different types of fictitious reports that are illegal to make. The first type of fictitious report is plain and simply making up an act that did not occur. For instance, someone might make up a robbery story in order to make an insurance claim for the "stolen" items.

Stalking laws in Pennsylvania

The common conception of stalking is a shadowy figure lurking in the bushes as they watch and follow their victim. According to Pennsylvania law, however, the crime of stalking is a bit more broad. Stalking occurs when a person willfully and persistently behaves in a way that causes their victim to become fearful or emotionally distressed. Perpetrators can do this by following their victim physically or through other means like the telephone or Internet.

Learning Black English

Stenographers in Pennsylvania are tasked with transcribing everything that happens in court. However, these same people may have a problem understanding a big part of society: African Americans who speak Black English. As a result, stenographers can make mistakes when trying to paraphrase what they heard being said, which can lead to unintended consequences. In one study, when a group of stenographers had to decipher Black English, they misinterpreted two out of every five sentences and were able to paraphrase only a third of what they heard.

Alternatives to incarceration for violent criminals

Even though the rate of incarceration has decreased slightly in the past decade in Pennsylvania and the rest of the United States, many advocates for justice reform believe more needs to be done. The First Step Act, which was passed into law in 2018, is designed to further lower incarceration rates by reducing sentences for nonviolent offenders. Unfortunately, this act only impacts certain federal crimes, which represent a small portion of the overall prison population.

Ruling could limit use of biometric data to unlock phones

Many people in Pennsylvania are concerned about the threat to personal privacy that can come with technological developments. This is especially true of people who are involved with the criminal justice system as an increasing amount of evidence involves material garnered from a defendant's mobile phone or social media. However, one ruling by a federal judge may recognize greater protections for some mobile content.

Inequalities in misdemeanor sentencing

About 80 percent of the criminal cases adjudicated in Pennsylvania and around the country each year involve defendants who are charged with misdemeanors. These are less serious crimes that are usually punished with probation, fines or brief custodial sentences, but that does not mean that being convicted of a misdemeanor cannot be a life-changing experience. Civil rights advocates have long complained about the harsh treatment received by African-American defendants charged with narcotics felonies, but studies suggest that racial disparities are even greater in misdemeanor cases.

Criminal Defense Forgery

Forgery is a theft crime that frequently requires the hiring of a good criminal defense attorney to represent you. Forgery can be found in Title 18 of the Pennsylvania Crimes Code section 4101. theft crimes In order to be found guilty of this crime, the government must prove that the accused first possessed the intent to defraud another individual (the victim). And that while the defendant possessed this ill intent, he or she either altered, imitated, or forged, the victim's name. And finally, that this forgery was not authorized by the alleged victim. Contracts, identification cards, licenses, historical papers, and legal certificates are common documents that can be used to deceive another. However, one of the most common acts of forgery include signing another's name on the back of a check. Other common documents forged are stocks and bonds, money orders, deeds and titles, and counterfeited money.

Criminal Defense Evading or Fleeing the Police

A charge in criminal defense cases that involves the use of a vehicle is evading or Fleeing or attempting to elude the police. Fleeing or Eluding the police is listed under Title 75, Section 3733 of the Pennsylvania Vehicle Code. DUI marijuana This crime is generally graded as a misdemeanor of the second degree. This grading applies when a defendant fails to bring his vehicle to a stop or attempts to flee from the police when he is given direction from the police to stop his car. This same crime is considered a felony of the third degree, and therefore punishable by a maximum of 7 years in prison and a $15,000 fine when a defendant is under the influence when he flees from the police, crosses a state line, or injures a law enforcement officer in the process. In order to prove that an accused has committed the act of evading the police, prosecution must prove beyond a reasonable doubt that the following elements are present: 1) an officer was pursuing a defendant in a motor vehicle, 2) the defendant was driving a vehicle on a roadway when they fled, and 3) the defendant knew and intentionally disregarded the fact that the police were trying to stop him.

Criminal Defense Fraud

Criminal fraud is a particular type of white collar crime in criminal defense cases, which involves any act that is intended to to deceive another through false representation of the value of something. access device fraud Elements used to prove that criminal fraud has occurred frequently include: first, that the misrepresentation of facts by the defendant when he knows that the facts that he is misrepresenting are wrong. Second, the defendant makes the misrepresentations with the intention to deceive the victim and, finally, that the misrepresentation results in fraud being committed to the person who relies on the false information. Results of injury to the victim or most frequently, financial damages being suffered by the victim is frequently something that the government must prove occurred beyond a reasonable doubt.

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.

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