Another crime in the realm of criminal defense under the inchoate umbrella of crimes is criminal solicitation. Criminal solicitation is defined under section 902 of the Pa criminal code. rape The statute essentially defines criminal solicitation as one individual...
Criminal Defense Illegal search
by Bellwoar Kelly, LLP | Jul 16, 2019 | Criminal Defense
An illegal search can be a huge issue in criminal defense cases. The fourth amendment of the United States constitution protects us citizens from unreasonable searches and seizures. child endangerment In order for the police to search an individual's property they...
Criminal Defense Criminal mischief
by Bellwoar Kelly, LLP | Jun 26, 2019 | Criminal Defense
In the Commonwealth of Pennsylvania, the act commonly referred to as vandalism in criminal defense cases, is legally defined as criminal mischief in the Pa crimes code. Specifically, criminal mischief is defined under section 3304. Juvenile sex crimes It states that...
Criminal Defense Unsworn falsification to authorities
by Bellwoar Kelly, LLP | Apr 22, 2019 | Criminal Defense
One Criminal Defense charge in regards to statements made to the police is Unsworn falsification to authorities. While the offenses of perjury and false swearing both cover lying under oath or the equivalent affirmation, unsworn falsification to authorities covers, as...
Criminal Defense Statute of limitations
by Bellwoar Kelly, LLP | Apr 16, 2019 | Criminal Defense
One major aspect of criminal defense cases is the statute of limitations. In Pennsylvania, like many other states around the United States, set what are known as statute of limitations on certain crimes. rape Essentially a statute of limitation is the time period in...
Criminal Defense False Statement to Police Officer
by Bellwoar Kelly, LLP | Feb 23, 2019 | Criminal Defense
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...
Alternatives to incarceration for violent criminals
by Bellwoar Kelly, LLP | Jan 31, 2019 | Criminal Defense
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...
Ruling could limit use of biometric data to unlock phones
by Bellwoar Kelly, LLP | Jan 22, 2019 | Criminal Defense
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...
Criminal Defense Forgery
by Bellwoar Kelly, LLP | Dec 26, 2018 | Criminal Defense
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...
Criminal Defense Evading or Fleeing the Police
by Bellwoar Kelly, LLP | Dec 17, 2018 | Criminal Defense
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...
Criminal Defense Fraud
by Bellwoar Kelly, LLP | Dec 10, 2018 | Criminal Defense
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...
Criminal Defense Chester County ARD Program
by Bellwoar Kelly, LLP | Oct 24, 2018 | Criminal Defense
One program that criminal defense clients frequently ask about during consultations is the Chester County ARD program. DUI/DWI The ARD program provides a program for non-violent First-Time offenders. This program permits these first time offenders to have their...
Hire a Criminal Defense Lawyer before Self-Representation
by Bellwoar Kelly, LLP | Oct 15, 2018 | Criminal Defense
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...
How the criminal justice system is failing opioid addicts
by Bellwoar Kelly, LLP | Jul 23, 2018 | Criminal Defense
With the opioid epidemic reaching new heights, more and more people are finding themselves behind bars, facing serious drug charges. Yet that number may be higher than previously realized. According to a recent study out of Minnesota, more than half of the study...
Criminal Defense Conspiracy
by Bellwoar Kelly, LLP | Jul 7, 2018 | Criminal Defense
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...