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Posts tagged "criminal defense attorney"

Criminal defense Inchoate crimes

Inchoate crimes, or incomplete crimes in the realm of criminal defense, are a broad category of various actions that lead to the commission of a crime or amount to an indirect participation in the crime. CYS investigations Pennsylvania law establishes that there are a number of inchoate crimes such as criminal attempt, solicitation, and conspiracy. It is important to note that while many actions that can constitute an inchoate crime are not illegal, when they are looked at in the context of it taking place during the commission of a crime, it becomes illegal. For example, owing a pair of bolt cutters is not illegal but if it was found in the back of someone's car next to a ski mask, the building blueprints of a bank, a firearm, and a bag for money it could lead the officers to believe that it will be used to commit to a crime. Due to the fact that inchoate crimes involve actions not yet taken, they can lead prosecutors in to difficult situations that could potentially be considered violations of civil rights. Defense attorneys know that the state's case is often based solely on circumstantial evidence which means that there are a number of possible defenses against charges under the inchoate crimes category.

Criminal Defense attempt

One of the more serious of criminal charges in criminal defense cases under the inchoate umbrella is the charge of criminal attempt. Criminal attempt is defined under section 901 of the Pa criminal code. child endangerment It states that an individual is guilty of an attempted criminal act when they with the intention of committing a criminal act, take a substantial step toward the commission of that criminal act. There are two essential elements that make up this statute. First that the Commonwealth must prove that the individual had the intention of committing that crime. The intention of the individual must rise above the standards of negligence and recklessness. This type of intention must be specific which essentially means that the individual must intend to complete the acts which constitute a crime. In addition to proving that the individual acted with the necessary intention, the Commonwealth must also prove that the individual took a substantial step toward the commission of the crime.

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 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 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 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.

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