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by Bellwoar Kelly, LLP | Sep 18, 2017 | DUI
Pennsylvania DUI law applies "upon highways and traffic ways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way in Pennsylvania. A highway is defined as "the entire width between...
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...
by Bellwoar Kelly, LLP | Aug 16, 2017 | Drunk Driving
There are many things that you need to think about when you are heading out for the evening. Where you will go, who you are going to meet up with and what you are going to do are often the primary concerns. You need to add one more to that -- how you will get home. If...
On Behalf of Bellwoar Kelly, LLP | Aug 13, 2017 | College Crime
18 pa.c.s. section 6310.1 discusses the college charge of selling or furnishing alcohol to a minor (which is defined as someone under the age of 18 years of age). college crime of hazing In order to be found guilty of this crime, the government must prove...
On Behalf of Bellwoar Kelly, LLP | Jul 30, 2017 | Theft
Chapter 41 of Title 18 of the Pennsylvania Crimes Code addresses forgery and fraudulent practices and theft offenses. § 4110 of the Pennsylvania General Assembly specifically addresses theft charges such as defrauding secured creditors. A person commits...
by Bellwoar Kelly, LLP | Jul 26, 2017 | Suppression
Suppression motions may be filed by lawyers to keep evidence out of court. Probable cause to arrest exists when the facts and circumstances within the police officer's knowledge and of which the officer has reasonable trustworthy information are sufficient in...
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...
On Behalf of Bellwoar Kelly, LLP | Jul 16, 2017 | DUI
The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On...
On Behalf of Bellwoar Kelly, LLP | Jul 11, 2017 | DUI
Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual...
by Bellwoar Kelly, LLP | Jul 9, 2017 | Suppression
Suppression Motion may be filed by defense attorneys in order to keep out evidence. One type of suppression motion deals with the Spoilation of evidence which deals with the intentional or unintentional destruction of evidence by the government-typically...
