One issue that arises with great frequency in Criminal Defense cases is should I waive my Preliminary Hearing? Before we answer and look at that question it is helpful to review just what a Preliminary Hearing is. A Preliminary Hearing is a statutory right that is...
Criminal Defense Pre-trial motions
On Behalf of Bellwoar Kelly, LLP | May 2, 2018 | Criminal Defense
One of the most important aspects of Criminal Defense is the filing of Pre-Trial Motions. Pre-Trial motions are essentially requests by the defense that the court make a ruling on the admissibility of certain evidence during the trial. arrest warrants As many...
Criminal Defense Tampering with or fabricating physical evidence
On Behalf of Bellwoar Kelly, LLP | Mar 20, 2018 | Criminal Defense
One crime of dishonesty which can be found in the realm of criminal defense is the charge of Tampering or fabricating physical evidence. This charge can be found in Title 18 of the Pennsylvania Crimes Code and in section 4910. The crime typically is used by law...
Criminal Defense Ignorance or mistake
by Bellwoar Kelly, LLP | Feb 20, 2018 | Criminal Defense
One defense that clients frequently bring up in Criminal Defense cases is Ignorance or mistake as to law or fact. In terms of mistake of law, it is an almost universal rule in the law that ignorance of the law is not and cannot be a defense. Specifically, it is not a...
Criminal Defense: Prosecution barred
On Behalf of Bellwoar Kelly, LLP | Feb 19, 2018 | Criminal Defense
There are certain times in criminal defense where the prosecution will be barred from bringing charges against a criminal defendant even though the accused has never been charged in that jurisdiction. Specifically, section 111 of the Pennsylvania Crimes Code (Title...
Criminal Defense Loitering and prowling at night time
On Behalf of Bellwoar Kelly, LLP | Feb 5, 2018 | Criminal Defense
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...
Criminal Defense Interference with custody of children
On Behalf of Bellwoar Kelly, LLP | Feb 4, 2018 | Criminal Defense
One crime of Criminal Defense that does not appear with great frequency is the crime of Interference with custody of children. Violent Crimes The crime is fairly self-explanatory in that it criminalizes acts committed by defendants which interfere with the parental...
Criminal Defense Should I speak with the police?
On Behalf of Bellwoar Kelly, LLP | Jan 6, 2018 | Criminal Defense
One of the biggest issues that arises in the area of criminal defense occurs when an accused is contacted by the police and has to decide whether or not he should speak with them. read about sex crimes It is a difficult question that even many seasoned...
criminal defense eyewitness identification
On Behalf of Bellwoar Kelly, LLP | Dec 26, 2017 | Criminal Defense
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...
Criminal Defense the Castle Doctrine
On Behalf of Bellwoar Kelly, LLP | Sep 11, 2017 | Criminal Defense
The Castle Doctrine is a phrase which stands for the legal proposition that a person's home is his castle and he may use force in order to defend it. In terms of Criminal Defense, criminal defendant's may use the Castle Doctrine as a defense if certain factors are...
Criminal Defense absconding witness
On Behalf of Bellwoar Kelly, LLP | Jul 23, 2017 | Criminal Defense
One crime that appears from time to time in the realm of criminal defense and criminal law is the crime of Absconding witness. The crime of Absconding witness appears in Title 18 under section 5125 of the Pennsylvania crimes code and requires a competent criminal...
Criminal Defense Case Continuance
On Behalf of Bellwoar Kelly, LLP | Jun 4, 2017 | Criminal Defense
One aspect of Criminal Defense work that seems to bring about the most questions and/or confusion is the issue regarding the continuance of a criminal case. Criminal cases are continued when one side, either the Commonwealth (the prosecution) or the Defense is not...
Criminal Defense Loitering & Prowling at night time
On Behalf of Bellwoar Kelly, LLP | May 17, 2017 | Criminal Defense
In Pennsylvania criminal defense, it is a crime to move in an idle manner and to make stops for no reason in the course of a trip at night time. This crime whereby someone stays in a given area at night for no purpose is known as loitering and prowling at night time....
Criminal Defense solicitation
by Bellwoar Kelly, LLP | Apr 4, 2017 | Criminal Defense
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...
Self-Defense in Criminal Cases
On Behalf of Bellwoar Kelly, LLP | Mar 26, 2017 | Criminal Defense
One of the primary defenses in Criminal Cases is the defense of self-defense. Self-Defense can be used as a defense in Criminal Cases for a number of different reasons. First, an accused can use self-defense in order to defend himself, other people that he is with or...