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Posts tagged "Criminal Defense"

Criminal Defense Loitering and prowling at night time

One Crime that is charged in the Realm of Criminal Defense is the crime of Loitering and prowling at night time. This crime can be found in the Pennsylvania crimes code under Title 18 section 5506. The crime is graded as a misdemeanor of the third degree and is therefore punishable by a maximum of 1 year in state prison and a $2,000 fine. Child Endangerment This crime is typically not charged on its own and is frequently accompanied by the criminal charges of burglary and/or criminal trespass. Additionally, the elements of the crime are very vague and give the police a great deal of latitude in deciding whether an accused has committed the crime of Loitering and Prowling at nighttime and should be charged with this crime. Please strongly consider contacting an experienced Chester County Criminal Lawyer if you have been charged with the crime of Loitering and Prowling at night time. Chances are you will have several defenses.

Criminal Defense Investigation

One topic that arises with great frequency in the realm of Criminal Defense is what should I do if I am a target in a criminal investigation? arrest warrants The first thing to do, which really goes without saying, is to contact an experienced Chester County Criminal Defense Attorney immediately. The Justice system in the United States is not always fair. Innocent get charged with crimes and even convicted of crimes. Make sure to consult with an experienced and aggressive criminal defense attorney. At the Law Offices of Kelly & Conte, both Evan Kelly and Mark Conte are experienced former assistant district attorneys who are very familiar with how the police and the District Attorney's Office conduct investigations. You want to make sure that you hire an attorney who is not only familiar with the police and the DA's Office, but also knows how to communicate your side of what happened effectively.

criminal defense eyewitness identification

In Criminal Law and Criminal Defense, an accused can only be found guilty if the government can prove their case beyond a reasonable doubt. Unfortunately, for the accused, the evidence that the government frequently possesses is eyewitness testimony, which history has proven is one of the most unreliable forms of evidence in existence. learn about sex crimes The reason that eyewitness testimony is so unreliable is that it is very arbitrary and often subject to suggestion by police officers or even other witnesses. It is frequently very difficult for people to remember what other folks who they have never met looked like at a given time, it is even more difficult to remember these specifics during times of intense stress, poor lighting condition etc. Despite the problems with eyewitness testimony and how prone it is to error, jury's frequently convict criminal defendants of extremely serious charges based on nothing more than eyewitness testimony. Thankfully, there has recently been a change in Pennsylvania law which gives criminal defendants a tool that they can use to combat these bad eyewitness identifications.

Criminal Defense rearrest after Preliminary Hearing

Many criminal defendants believe that once they win the Preliminary Hearing in a criminal defense case, they no longer have to worry about being charged with the same crimes a second or even third time. However, that simply is not the law in the Commonwealth of Pennsylvania.  read about Date RapeThe general rule when dealing with Criminal Defense and preliminary hearings, is that a defendant may be rearrested after charges have been dismissed at a preliminary hearing so long as the statute of limitations has not expired. The Superior Court of Pennsylvania has found, however, that in a case in which the Commonwealth has repeatedly rearrested the defendant based on the same conduct with similar charges in order to annoy or harass him or resulting in prejudice, the prosecution may not be permitted to rearrest and recharge a defendant for the same alleged criminal activity. Additionally, under the law in Pennsylvania, the accused who had his charges dismissed by on district justice may have the charges brought against him a second time before another district justice. A second district justice can be chosen by the President Judge at the Court of Common Pleas level.

Criminal Defense Conspiracy

Issues regarding Criminal Defense and Conspiracy and the extent of what co-defendants can be liable for the various acts of their co-conspirators was addressed in the case of the Commonwealth vs. Barnes. In 2002, Maurice Barnes, Robert Goodine, and L.D. Kruger all chipped in and bought a large amount of cocaine in New York, and brought it down to Scranton, Pennsylvania to sell. Kruger and Goodine had guns, but Barnes did not. cyberbullying After a making a few sales in a parking lot, the men began selling drugs out of an apartment owned by Ron Sanders, a known crack addict. A man named Charles Grant comes to the apartment to buy an eight ball of cocaine (3.5 grams.) Upon arriving at the apartment, Grant and Goodine go in the back bedroom to make the deal. Grant gave Goodine $200 for the drugs and was waiting to receive $50 in change. While Grant was waiting to get change from Goodine, he began complaining about the quality of the cocaine. While Grant was looking down at the drugs, Goodine shot him in the head and killed him. Valerie Kizer, Ron Sanders, Maurice Barnes, and L.D. Kruger all witnessed the killing. Kruger fled immediately after the shot was fired, but Barnes stayed. Barnes and Goodine went through Grant's pockets and took his remaining money, as well as all the drugs they gave him. Mr. Barnes was sentenced to 23 years to 47 years imprisonment after the jury convicted him of criminal conspiracy to commit murder in the third degree, and related charges.

Criminal Defense Cyberbullying

Although there is no crime called cyberbullying in the realm of Criminal Defense, there are several specific crimes in the Pennsylvania Crimes Code which are used by law enforcement to combat allegations of cyberbullying. Assault Crimes  Cyberbullying in the realm of Criminal Defense essentially is the term used when either adults or juveniles are bullying someone of the internet. Examples of cyberbullying typically occur on facebook, Instagram or snapchat. Both law enforcement and schools have become more aggressive in combating allegations of cyberbullying by instituting policies to deal with any instance of alleged bullying. The main questions raised in this blog are when is cyberbullying a crime in the realm of Criminal Defense.

Criminal Defense solicitation

In Pennsylvania Criminal Defense, it is not only illegal to physically commit a crime, but also to solicit another person to commit a crime. A person is guilty of solicitation to commit a crime, regardless of a Criminal Defense,  if with the intent of promoting or facilitating its commission he encourages or requests or tries to convince another person to engage in specific conduct which would in fact be the commission of a crime. Murder charges To put it simply, a solicitation occurs if you try and convince a friend or another person to commit a crime on your behalf or with you. One of the main elements that the government must prove beyond a reasonable doubt is that you not only solicited someone to commit a crime, but you also did so with the intent to have the other person either commit the crime with you or on your behalf. There is a defense to criminal solicitation that your Chester County defense attorney can argue on your behalf.

Criminal Defense Attempt

In Pennsylvania, for Criminal Defense cases, attempting to commit a crime can land you with just as harsh as a punishment as actually committing a crime. A person commits an attempt when, with intent to commit a specific crime, Conspiracy he does any act which constitutes a substantial step toward the commission of that crime. Misapprehension of the circumstances that would have made it impossible for the accused to commit the attempted crime is not a defense to criminal attempt. You are able to use renunciation as a defense.

Criminal Defense Conspiracy

In Pennsylvania Criminal Defense case, the charge of conspiracy is taken very seriously. Simply conspiring to commit a crime will earn you just as harsh of a penalty as actually committing the crime. A person is guilty een if he presents a solid Criminal Defense of conspiracy if he agrees to commit a crime with another person or persons with the intent of promoting or facilitating its commission he and agrees with another person that they will commit the crime or an attempt or solicitation to commit the crime; eyewitness identification or agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

Criminal Defense eyewitness identification

Eyewitness identification in Criminal Defense is one of the major tools that the government uses to put together its case against a criminal defendant. The government in its case before a jury, must be able to prove that it was the accused that committed the crime and not Fraud some other random person. Since eyewitness identification of a defendant is so paramount in criminal cases, the government frequently uses pre-trial lineups as seen in movies such as the Usual Suspects, or pre-trial picture lineups. Pre-trial lineups have come under a lot of scrutiny recently as a result of being unduly suggestive and occasionally tainted.

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