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by Bellwoar Kelly, LLP | May 2, 2014 | Criminal Defense
A PCRA is a petition which a Defendant may challenge challenging his attorney's effectiveness. 42 Pa.C.S.A. § 9545(b) requires that a PCRA petition be filed within one year of the date judgment becomes final. This requirement has three exceptions...
by Bellwoar Kelly, LLP | Apr 28, 2014 | Drug Crimes
Under Pennsylvania law, police officers are required to only conduct searches when they have a valid search warrant. Through case law, the courts have created a very narrow set of exceptions or excuses to the general warrant requirement. One such exception...
by Bellwoar Kelly, LLP | Apr 15, 2014 | Injuries
In Pennsylvania, a person who is convicted of the crime of possession with the intent to deliver can face a number of mandatory minimum sentences. One of the factual scenarios that can activate a mandatory minimum sentence is where a firearm is located in close...
by Bellwoar Kelly, LLP | Apr 9, 2014 | Suppression
The Pennsylvania Supreme Court recently issued a ruling that reduces the police's ability to tow vehicles and conduct warrantless inventory searches of the vehicle. These cases often arise in drug cases. The United States and Pennsylvania Constitutions...
by Bellwoar Kelly, LLP | Apr 2, 2014 | Trials & Hearings
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...
by Bellwoar Kelly, LLP | Apr 1, 2014 | Suppression
In Pennsylvania, plain view is a type of exception or excuse from the constitutional provision requiring that all searches must be conducted pursuant to a warrant. Under the plain view exception, the Commonwealth must prove that the officer was lawfully present...
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...
by Bellwoar Kelly, LLP | Mar 24, 2014 | DUI
Based on Pennsylvania law, the penalties for a DUI are enhanced dramatically in cases where the accused refuses to submit to chemical testing. As discussed in an earlier blog, refusal can come from the accused expressly refusing (i.e. saying "No, I will not...
by Bellwoar Kelly, LLP | Feb 26, 2014 | Drug Crimes, DUI
In Pennsylvania, in drug crimes and DUI the Commonwealth was required to call the lab technician to testify to the fact that the item seized or possessed was a controlled substance, and specify the weight of the controlled substance, or testify to the amount of...
by Bellwoar Kelly, LLP | Feb 20, 2014 | Megan's Law, SORNA
Pennsylvania has recently changed their body of laws dealing with sexual abuse of children from Megan's Law to SORNA. SORNA has greatly increased the number of crimes that require sex offender reporting, reporting requirements, and the impact of sentencing. On the...
