The majority of mandatory minimum sentences are associated with convictions for drug crimes. Following a guilty plea, judges are required to sentence offenders to a mandatory minimum for specific crimes. Marijuana Crimes Mandatory minimum sentencing is a type of sentencing that includes fixed fines and or prison and jail sentences. When choosing the minimum sentence (when a minimum mandatory does not exist), judges are able to use a certain amount of discretion that allows them to make an appropriate decision. Their discretion allows them to use fair judgment for sentencing based on the following information: a defendant's age, prior criminal record, personal background, and the specific crime charged. However, statutes are put in place for the required minimum time that must be served, which takes away judicial discretion.
Chester County provides a drug court program for non-violent drug dependent offenders charged with Drug Crimes, which provides treatment and judicial authority intended to support offenders in treatment. heroin This program consists of four phases lasting from the minimum of 12 months to 24 months. Drug court is run by the Chester County District Attorney's Office and the Office of Drugs and Alcohol Services, bail agency, and adult probation. All of these different agencies are involved in supervising and implementing rules for criminal defendants who are placed on the program with the goal of rehabilitating the accused from his or her dependency on drugs and alcohol. If you have received a non-mandatory drug offense, or are a first time DUI/drug offender, contact the lawyers at the Law Office of Kelly and Conte for good legal representation regarding an alternative to a conviction.
College Crimes such as alcohol related crimes has become prevalent on college campuses across the world, as it is known to be a tradition in many social settings. Alcohol consumption can occur at local bars, off campus housing, on campus dormitories, local college parties, and etc. Alcohol has become a choice of drug for students of all ages, races, and genders, causing people of all backgrounds to possibly experience a negative effect of drinking. Students under the influence of alcohol can then create problems for themselves, their families, and their community. Effects of alcohol drinking can be costly, destructive and troublesome to those drinking, as well as non-drinkers, as they can become victims of certain behaviors. Common problems on college campuses preceding alcohol consumption include alcohol related crimes. These crimes can include, property damage, sexual and physical assault accusations, motor vehicle crashes, under-aged drinking, driving under the influence, and public drunkenness. Title 18 states these crimes and offenses in depth, which fall under specific chapters. The following sections provide details on the charges; Section 3304: vandalism, Section 2701 and 2702: assault, Section 3124.1: sexual assault, Section 3732.1: aggravated assault by vehicle, Section 6308 under-aged drinking, Section 3802: driving under the influence, Section 5505: public drunkenness. These charges can affect a student's education, but most importantly their future from legal charges. As a result of criminal charges, students should consult with an experienced criminal defense lawyer before making any decisions, including plea deals.
Drug Crimes, or crimes involving the use or sale of drugs do occur on college campuses. In Pennsylvania, some of the most common drugs to be found on college campuses are alcohol, marijuana, and Adderall, and other stimulant medications. heroine Underage drinking is a major problem when talking about drug crimes on college campuses. Alcohol, although not commonly considered to be a drug is one albeit legal to those over 21 years of age. If you are found to be in possession of drugs, like alcohol or marijuana, there are consequences from both the university and also local law enforcement. Abusing alcohol can lead to college students committing alcohol-related crimes and can also lead to driving under the influence. Being caught with other drugs has a major impact on a student's future. Before a student makes any decision on their drug related charge on campus, including any plea deals, it is important to consult with an experienced criminal defense lawyer.
College Crimes include crimes such as Drug charges that occur on college campuses. Most students at a university are educated on drug use and the risk that comes with the use of drugs. Date rape charges Even with this being said, it is the culture on college campuses that create an environment where peers expose students to acceptable drug use, but the student has the potential to receive potential criminal issues. How law enforcement treat drug possession in college dorms is very different than if you're caught in public for the same offense. Colleges and surrounding police departments have both similar and different approaches on how to treat drug crimes. Smaller private universities have shown fewer student arrests for drug related offenses than larger public universities. This is due to larger universities being more involved with the surrounding cities, causing outside law enforcement getting involved in more student crimes, such as drug offenses. A student's future is in jeopardy when they are given a drug conviction and it is highly recommended to get the help of an experienced PA criminal defense attorney.
When people think of Drug Crimes, one of the last crimes people think of is Theft of Services. drug possession However, Theft of Services is a crime very closely associated with Drug Crimes. Before we explore how and why that is the case, it is helpful to review what the government must prove in order for a defendant to be found guilty of this crime. A person is guilty of the crime of Theft of Services if the accused intentionally obtains services for himself or for another which he knows are only available for compensation. Second, that the services were obtained by the defendant either by deception or threat. And finally, that the deception occurred as a result of either altering or tampering with the public utility meter or measuring device by which such services are delivered so that the public utility would not have knowledge of how much power is being used.
One of the primary defenses raised in Drug Crimes cases is to argue that the police did not have probable cause to stop a vehicle and later search the car for drugs. Intent to Deliver charges Typically, the police claim that they stopped a vehicle because the driver committed a vehicle code violation such as running a red light or not putting on a turn signal before turning. Under Pennsylvania law, the police are permitted to stop a motor vehicle if the driver of the vehicle commits a driving infraction or motor vehicle code violation. One issue that arises in Drug Crime cases is that after the vehicle is stopped the police find drugs in the vehicle. The defendant, through his attorney may challenge the police's basis for stopping the vehicle. If the court finds that the police did not have probable cause to stop the vehicle, then the drugs are suppressed and the case is dismissed by the court. Make sure to contact an experienced Chester County Drug Lawyer at the Law Offices of Kelly & Conte.
One issue that arises in drug crimes, specifically those involving an allegation of the possession of marijuana is, are Medical Marijuana cards a defense to drug crime charges in the state of Pennsylvania. And the answer to this question is sometimes. Recently the Commonwealth of Pennsylvania has approved the medicinal use of marijuana. Intent to Deliver Unfortunately, some criminal defendants take that to mean that they are allowed to drive their vehicle on a roadway in Pennsylvania after ingesting pot so long as the marijuana was prescribed medically. Unfortunately, the law in the Commonwealth of Pennsylvania makes it illegal for any individual to operate a motor vehicle with any marijuana in his system. This is true regardless of whether or not the marijuana was prescribed by a doctor or purchased on a street corner. This is also true regardless of whether the marijuana has any actual effect on a criminal defendant's ability to safely drive his car. The rule regarding DUI and marijuana in Pennsylvania is that a defendant is guilty of DUI so long as marijuana is in the bloodstream of a driver, even if the marijuana is no longer impairing his driving.
One issue that seems to arise in Drug Crimes cases is the issue of Entrapment. Frequently, criminal defendants facing Drug Crimes charges will feel as though the police officers or state troopers entrapped them into committing the crime. Under Pennsylvania law however, that is rarely the case. intent to deliver The general rule of entrapment is that a police officer or a person acting in cooperation with the police (such as a confidential informant), perpetrates an entrapment if for the purpose of obtaining evidence of a crime (such as illegal drugs) he convinces the criminal defendant to commit acts which are part of drug crimes, by either:
One issue that comes up in Drug Crimes cases is whether or not the government Search warrant is valid. The government uses search warrants in Drug Crimes cases to enter a home and seize drugs that they believe exist in the house. Under the Pennsylvania constitution and case law, drug possession the government has to lay out several things in their search warrants: