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Criminal Defense Archives

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.

Criminal Defense Probable Cause to search

Many clients in Criminal Defense cases may question whether or not the police had a probable cause to search them or their belongings during a stop. During police encounters, it is crucial to be aware of what you are being stopped for, and most importantly what it means to determine probable cause. DWI lawyer Probable cause is defined as a reasonable belief (based on factual information) that a person has or will commit a crime. Some categories of evidence that can lead to probable cause include: observation, circumstantial evidence, expertise, information, sensory, or consent. When accused of a crime and charged with evidence following a search, it is important to know which category police officers used to create probable cause. Some of the most common categories stated are expertise, sensory, and consent. Expertise is defined as the ability to identify certain behaviors or tools through training, which indicates that criminal activity is afoot. Sensory helps officers detect crime through hearing, smell, and sight. For example, the smell of alcohol or marijuana lingering from a vehicle can promote the intent to search. Consent to search is also common, as many people are scared to deny police officers this opportunity. Consent is made when the defendant agrees to be searched.

Criminal Defense Reasonable Suspicion

A term that arises in Criminal defense cases is the term of reasonable suspicion. Reasonable suspicion is defined as the reasonably justified suspicion of a police officer, to assume that a person has recently committed a crime, currently committing a crime, or intending to commit a crime. Reasonable suspicion allows an officer to briefly detain a suspect and pat down the outer layer of their clothing for weapons. defending dui cases Reasonable suspicion differs from probable cause, as reasonable suspicion is used to prevent crime and keep the officers and area safe from possible crime. Unlike probable cause, reasonable suspicion does not allow police officers to search for other items other than weapons. However, in some instances, if other items are found during a pat down, such as drugs, probable cause can then be created to search.

Criminal Defense Cyber Crime

As discussed in terms of Criminal Defense, Cyber crime is any illegal activity that is committed through the use of a computer or electronic device for commission, transmission, or storage.  child pornography crimes A few types of cyber crime include: bullying, stalking, identity theft, computer viruses, and terrorism. Three common types of cyber crime include bullying, terrorism, and identity theft. Cyber bullying is defined as using the internet to harass, embarrass, or intimidate others. Charges that can follow include assault, harassment, libel, and sometimes terrorism. Cyber terrorism is the threat of harm or extortion through the internet on the civilian population, political or social objectives, and persons and properties to intimidate the government. Identity theft is committed when someone steals another person's personal information to commit acts of fraud through financial resources. Cyber crimes are criminal and can be just as punishable as physical crimes. It is important to understand what activity you are engaging in and to what extent are you found liable of committing a crime.

Criminal Defense Bench Warrant

As discussed in criminal defense cases, a bench warrant is a writ issued by a judge when a defendant disobeys a court order in which they were told, such as failure to appear (FTA). assault crimes Bench warrants may also be presented for other acts of disobedience such as, failure to report to jury duty. When a bench warrant is issued, police officers have the right to arrest and detain defendants so that they may be brought before the court. Once a warrant is created and issued it is entered into a database, which can later be found through any police interaction. For example, a citation may be given to a person who must then appear in court for the charges held against them. However, this person decides not to appear in court, and receives a warrant for their arrest. This person is later pulled over for speeding 4 weeks later, and will now face the consequences of speeding and the bench warrant. Police officers will issue a ticket for speeding, while also arresting them for their active warrant. Accordingly, a bench warrant can have a huge effect on an individual's freedom.

Criminal Defense Trial by Jury

In Criminal Defense cases a defendant is granted the right to a jury trial through the U.S. Constitution trial by jury clause. assault crimes When referring to a trial by jury this means that a jury is allowed to make decisions that are later applied by the judge on the case. According to the Constitution, due to the Sixth and Seventh Amendments, a trial by jury is allowed in both criminal and civil trials. In criminal cases where the defendant is accused of a crime punishable by imprisonment (more than six months), they are granted trial by jury under the Sixth Amendment. Trial by jury for civil matters is granted through the Seventh Amendment. The Seventh Amendments stats: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

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.

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