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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...
On Behalf of Bellwoar Kelly, LLP | Jan 28, 2014 | Violent Crimes
Pennsylvania currently has a law known as the "Castle Doctrine." The "Castle Doctrine" is a legal defense for those who have been charged with the various forms of assault and homicide. The "Castle Doctrine" is a type of the "Stand Your Ground" defenses...
by Bellwoar Kelly, LLP | Jan 25, 2014 | Drug Crimes
Generally, search warrant issues arise in drug offense crimes. In order for a search warrant to be valid and, thus, the search to also be valid, the police must follow the search warrant rules specified in the Pennsylvania Rules of Criminal Procedure: A...
by Bellwoar Kelly, LLP | Jan 17, 2014 | Violent Crimes
In a recent Pennsylvania Superior Court case, the Court ruled that a person could be convicted of firearms not to be carried without a license 18 Pa.C.S.A. 6106 if that person does not possess a Pennsylvania concealed carry permit. If a person is found guilty of...
by Bellwoar Kelly, LLP | Jan 13, 2014 | Immigration
Immigration consequences and the effects of a conviction are some of the most important aspects of criminal cases. In the immigration setting, any alien who is charged with the commission of a crime risks negative impact on his immigration status. It is...
On Behalf of Bellwoar Kelly, LLP | Jan 1, 2014 | DUI
IPP is available for DUI or Driving Under Suspension (DUI-related) offenses in Chester County, Pennsylvania. To see the IPP sentencing guidelines for those convicted of a DUI, click here. If you have been charged with Driving Under Suspension DUI-related, there are...
On Behalf of Bellwoar Kelly, LLP | Dec 31, 2013 | Criminal Defense
In Pennsylvania, whenever a person is charged with the commission of a crime, whether it is a violent crime, sexual offense, drug offense, DUI, etc., that offense always carries a maximum sentence of incarceration. It is best to think of a maximum sentence as a...
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...
by Bellwoar Kelly, LLP | Dec 16, 2013 | IDEA & IEP, School Discipline
Public School Students who have been diagnosed with a recognized learning disability are awarded additional rights pursuant to IDEA. Therefore, when a school tries to implement a punishment against a protected student with a learning disability, the law provides...
by Bellwoar Kelly, LLP | Dec 11, 2013 | IDEA & IEP
The Individuals with Disabilities Education Act (IDEA) is a statute which protects the rights of students between the ages of three years old to twenty one years old who have learning disabilities. IDEA is a federal statute which applies in every state....
