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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...
by Bellwoar Kelly, LLP | Oct 30, 2013 | Trials & Hearings
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...
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...
by Bellwoar Kelly, LLP | Sep 30, 2013 | Suppression
This entry will deal with the question of whether a person can challenge a search made of his hotel room. The United States and Pennsylvania Constitutions protect individuals from unreasonable searches of their person, homes, and effects. Obviously, the question...
by Bellwoar Kelly, LLP | Sep 20, 2013 | DUI
A D.U.I. checkpoint constitutes a seizure and is subject to a constitutional analysis. A checkpoint must meet five criteria in order for the checkpoint to be constitutional: 1. the vehicle stops must be brief and not involve a physical search; 2. there must be...
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...
by Bellwoar Kelly, LLP | Aug 30, 2013 | Drug Crimes
Drug Offenses and Penalties Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act defines illegal acts associated with drugs and their related penalties. 35 P.S. §§780-101-780-144. The following are examples of common...
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...
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...
