A Discovery Motion can be a significant portion of pre-trial litigation in Criminal Defense cases. Specifically, if an accused's attorney does not make specific requests for discovery in Criminal Defense Cases via a Discovery Motion, then he might not be...
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Criminal Defense
Pennsylvania law regarding failure to comply with registration of sexual offenders requirements
by Bellwoar Kelly, LLP | Feb 18, 2015 | Criminal Defense
Pennsylvania law provides for prosecution of individuals who are required to register under sexual offender requirements, but who knowingly fail to register. Accordingly, this law makes it a crime for an individual to knowingly fail to: 1. register with the PA...
Court Dismissal Upon Satisfaction or Agreement
by Bellwoar Kelly, LLP | Feb 10, 2015 | Criminal Defense
Pennsylvania Rule of Criminal Procedure 586 allows the Court to dismiss charges against a defendant in cases (usually theft-related offenses) where a case meets certain elements. Obviously, dismissal of the charges is done through agreement between the parties...
Pennsylvania Statute of Limitations for Criminal Offenses
by Bellwoar Kelly, LLP | Feb 3, 2015 | Criminal Defense
Under Pennsylvania law, unless the crime alleged to have been committed is murder, voluntary manslaughter, or conspiracy to commit murder, the Commonwealth is required to commence prosecution within a certain period of time. Statute of limitations, although...
2014 Amendment to Pennsylvania Driving Violations increases mandatory minimum sentence
by Bellwoar Kelly, LLP | Jan 26, 2015 | Criminal Defense
Pennsylvania legislature passed an amendment in 2014 that significantly increased a mandatory minimum for anyone who violates 75 § 3742 - Accidents involving death or serious bodily injury. This new law increases the penalty from one year to three years for...
PennDOT Point System
by Bellwoar Kelly, LLP | Dec 2, 2014 | Criminal Defense
Pennsylvania Department of Transportation (PennDOT) maintains a driving record for every licensed driver in Pennsylvania. Certain traffic (or moving) violations can add points to a person's driving record. This blog will deal with the specific consequences...
Grading of Criminal Mischief in Pennsylvania
by Bellwoar Kelly, LLP | Nov 25, 2014 | Criminal Defense
Pennsylvania law provides for a crime known as criminal mischief. Criminal mischief is essentially damaging property belonging to another person. Pennsylvania law provides a number of different ways this crime can be accomplished and also provides for...
Arraignment Procedure in Pennsylvania
by Bellwoar Kelly, LLP | Oct 27, 2014 | Criminal Defense
The arraignment procedure occurs at two different proceedings in Pennsylvania and both of these proceedings occur prior to trial. The specific rules for what occurs at the two arraignment proceedings is set forth in the Rules of Criminal Procedure. The...
PA law dealing with firearms not to be carried without a license
by Bellwoar Kelly, LLP | Sep 25, 2014 | Criminal Defense
Pennsylvania law criminalizes the act of carrying a firearm without a license. Essentially, this law criminalizes anyone who carries a concealed firearm without properly being licensed. A firearm is "concealed" for the purposes of this statute if the person has...
Pennsylvania Rule of Evidence re: Crimen falsi
by Bellwoar Kelly, LLP | Sep 12, 2014 | Criminal Defense
Under Pennsylvania Rules of Evidence, during trial, either party may attack the credibility of any witness with evidence that the witness has been convicted of a crime involving dishonesty or false statement. Generally, the conviction or the date of release from...

