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by Bellwoar Kelly, LLP | Oct 3, 2014 | Injuries
Pennsylvania Rule of Evidence 609 pertains to when a witness may be impeached with a prior conviction. Pennsylvania allows for either party, in a criminal case, to impeach any witness with a select category of prior convictions. In Pennsylvania, this...
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...
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...
by Bellwoar Kelly, LLP | Jul 17, 2014 | Drug Crimes
Pennsylvania law provides for a program known as "probation without a verdict" for first time offenders of the Controlled Substance Act. Counties in Pennsylvania, such as Montgomery County, offer this program to first-time offenders charged with a nonviolent...
by Bellwoar Kelly, LLP | Jun 26, 2014 | DUI
As of April of this year, Chester County changed portions of its Intermediate Punishment Program (IPP). One of the most significant changes that occurred is that those individuals who have been charged with their 3rd Driving Under the Influence (DUI) within ten...
by Bellwoar Kelly, LLP | Jun 25, 2014 | Violent Crimes
Pennsylvania law allows a defense to homicide for the use of deadly force under very specific circumstances: The use of deadly force is not justifiable unless the actor believes that such force is necessary to protect himself against death, serious bodily injury,...
by Bellwoar Kelly, LLP | Jun 16, 2014 | Criminal Defense
Pennsylvania law defines an accomplice as: a person is an accomplice of another person in the commission of an offenses if: with the intent of promoting or facilitating the commission of the offense he solicits such other person to commit it or aids or agrees or...
by Bellwoar Kelly, LLP | May 15, 2014 | Injuries
In Pennsylvania death penalty cases, where the prosecution is seeking the death penalty, the prosecution must prove that there is an aggravating factor present to warrant the death penalty. The PA Legislature set forth a list of factors that are deemed aggravating for...
by Bellwoar Kelly, LLP | May 14, 2014 | Injuries
In Pennsylvania death penalty cases, the Legislature created a statute outlining mitigating circumstances a jury shall consider when determining whether to impose a sentence of death or life. There are (8) factors to be considered: defendant has no significant...
by Bellwoar Kelly, LLP | May 6, 2014 | Criminal Defense
PRESENCE AT CRIME SCENE NOT ENOUGH FOR GUILT Mere presence of an individual at scene of a crime is not a sufficient circumstance upon which a finding of guilt may be predicated. Com. v. Keller, 378 A.2d 347, 249 Pa.Super. 384, 1977; Com. v. Manson, 327 A.2d 182, 230...
