A common question from someone who is charged with a crime is what the potential punishment or time of incarceration could be for the charge. In Pennsylvania, courts use sentencing guidelines as a guide for determining someone's sentence. A person's guidelines are a...
Trials & Hearings
Basics for determining guideline sentences in Pennsylvania
by Bellwoar Kelly, LLP | Mar 27, 2014 | Trials & Hearings
In Pennsylvania, anytime a person is accused of committing a crime that person must be aware of their possible exposure for incarceration. An experienced attorney should know his client's possible exposure for jail time. For each grading of a crime...
Pennsylvania Rule of Criminal Procedure 600 and Due diligence
by Bellwoar Kelly, LLP | Jan 30, 2014 | Trials & Hearings
Pennsylvania Rule of Criminal Procedure 600 states that it is the Commonwealth's duty to bring a person, who is free on bail, to trial on criminal charges within 365 days of the filing of a criminal complaint. Based on this rule, there have been a number of...
State Parole Violation Presumptive Ranges for Pennsylvania
by Bellwoar Kelly, LLP | Dec 18, 2013 | Trials & Hearings
Pennsylvania law provides for presumptive sentences for people who violate the terms of their state parole. This blog will discuss the presumptive ranges for a person who is in violation of his state parole due to a new conviction. When a person is...
Post-sentence Motions pursuant to Pennsylvania Law
by Bellwoar Kelly, LLP | Oct 31, 2013 | Trials & Hearings
Once a person either pleads guilty or is convicted at trial, that person must be aware of his "post-sentence rights." Once the judge imposes sentence, important timelines start running from that day of sentence. For example, if the person wishes to fill a...
Violation of Probation or Parole
by Bellwoar Kelly, LLP | Oct 30, 2013 | Trials & Hearings
What is R.R.R.I.?
by Bellwoar Kelly, LLP | Oct 18, 2013 | Trials & Hearings
R.R.R.I. is the "Recidivism Risk Reduction Incentive," also known as state good time. The purpose of this statute is to allow those convicted of a crime and who are eligible for R.R.R.I. an opportunity to participate in programs that will help reduce the risk...
How to calculate sentencing guidelines in Pennsylvania
by Bellwoar Kelly, LLP | Oct 2, 2013 | Trials & Hearings
Once a person is charged with a crime, the obvious question comes up: what's the worst case scenario and what could I be facing for punishment? In Pennsylvania, each type of crime carries with it a type of grading: Felony of the first degree, Felony of the second...
Disclosure of Confidential Informants under Pennsylvania Law
by Bellwoar Kelly, LLP | Sep 9, 2013 | Trials & Hearings
The issue of whether the Commonwealth must disclose the identity of a confidential informant generally arises in two cases: where an informant provides probable cause for the issuance of a warrant; and non-warrant cases, where the informant is an eyewitness to the...
Marital privilege dealing with testifying against one’s spouse under Pennsylvania Rules of Evidence
by Bellwoar Kelly, LLP | Aug 15, 2013 | Trials & Hearings
This "privilege prevents a husband or wife from testifying against their spouse as to any communications which were made during the marital relationship." The privilege remains in effect through death or divorce. The confidential communication cannot be...
Hearsay Exception for statements made by a co-conspirator under Pennsylvania Rules of Evidence
by Bellwoar Kelly, LLP | Aug 8, 2013 | Trials & Hearings
Hearsay is a statement made out of court and offered to prove the truth of the matter asserted. Generally speaking, hearsay evidence is inadmissible during trial. However, if the hearsay statement meets an exception, that statement can be admitted for its...