Bellwoar Kelly, LLPWest Chester Criminal Law & Personal Injury Attorneys2024-03-27T17:26:57Zhttps://www.bellwoarkelly.com/feed/atom/WordPress/wp-content/uploads/sites/1302013/2020/11/cropped-Fav-icon-32x32.pngOn Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=584192024-03-26T14:57:47Z2024-03-26T14:57:47ZYou know that if you’re caught with drugs, firearms or other illegal items in your hands or on your person, you’re going to face possession charges – but what does it mean when you’re charged with “constructive” possession of something illegal?
A constructive possession charge can be a little harder for people to wrap their minds around, precisely because it seems to exploit a certain vagueness in the law.
You don’t have to be “holding” to be charged
It doesn’t matter if the drugs or weapons are in your hands or across the room for a constructive possession charge to stick. The key thing that the prosecution has to show is that you had the knowledge and ability to exert control over the contraband. This is typically done through circumstantial evidence. For example:
You’re the passenger in a vehicle that gets pulled over for a traffic violation. The police notice that you and the driver seem anxious and furtive, and they spot you shuffling things around in the car. One thing leads to another, and the officer discovers an illegal weapon hidden in the glove compartment. Everybody in the car gets charged with constructive possession.
You sublet a spare bedroom in your apartment to an acquaintance. The police realize that your roommate is dealing drugs and send an undercover officer to make a purchase. Shortly after, your apartment is raided and the drugs are found hidden under the tank in the shared bathroom, so you’re both arrested and charged because the prosecutor theorizes that you’re both dealing.
Constructive possession charges often feel unfair, and they can be. They can also be challenged in court. Skilled legal guidance can help you assess your options if you’re facing these charges.
]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=584102024-03-12T21:41:38Z2024-03-12T21:40:15Z
Rain: Precipitation tends to move from ice and snow to rain. This can make for slippery roads and limited visibility. Ensuring all your lights are functioning and your tires aren’t bald can help in these conditions.
Potholes: The intense freeze-thaw cycles of winter can lead to dangerously uneven pavement. It can be helpful to report large potholes to the city to avoid collisions or car issues. Maintaining a safe following distance is also vital so each car can react accordingly when encountering intense potholes or other obstacles.
Construction: Warmer weather often leads to more construction and renovation projects starting up again. Slowing down when you see a project site is crucial, even if you don’t notice a reduced speed limit sign posted. Construction workers are often in vulnerable positions to help improve roads, so it’s only right to give them the space they need to complete the project at hand.
Pedestrians: More tolerable conditions can also bring about more walkers, runners, cyclists and more. Always watching for smaller travelers and signs indicating crosswalks can help you do your part to keep the roads safe for everyone.
Allergies: Seasonal allergies can flare in the springtime as the weather warms up enough for plants to grow again. It’s essential to ensure you don’t drive if your allergy medication makes you drowsy or if your allergic reaction makes it difficult for you to focus.
This list isn’t expansive but can help you at least begin to rethink your behind-the-wheel habits this upcoming spring.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=584092024-03-12T19:05:27Z2024-03-12T19:05:27Z
Phone use: It can be challenging to imagine life before cell phones, but transporting yourself to that mindset may help preserve your safety. Stowing your phone away can prevent you from making a quick call or reading a text message. A few seconds of distracted driving is all it takes to cover a lot of ground and end up in a crash.
Navigation tools: Using an internal GPS or hooking your phone up to your car can help you remain focused in some instances, but not while fiddling with it while driving. If you suddenly become disconnected, it's not worth trying to reconnect while operating the vehicle. Instead, a passenger can sort out the issue, or you can pull over to a safe place to fix it. Downloading maps and routes ahead of time can also be helpful.
Self-driving: The ultimate hands-free driving tool or autonomous driving could also be one of the most concerning ones if technical difficulties arise. Self-driving car crashes happen at a much higher rate than human-driven cars — or 9.1 times every million miles driven as opposed to 4.1 every million miles driven.
These tools only scratch the surface of the technology used behind the wheel in this day and age. The underlying issue is accidents tend to happen when these tools take up too much of a driver's attention span or when reliance on them is heavy. Rather than putting trust in these often helpful advances, it's crucial to find a balance between using them to supplement driving while being fully in control of your vehicle.
]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=584042024-03-07T07:34:52Z2024-03-07T07:34:52ZPossible defenses to domestic assault
Considering the inherently scandalous and criminal nature of these allegations, you need to be strategic and think about the events that led to such surprising accusations. Here are possible defenses to these unfair charges:
Self-defense or defense of others: The use of force was necessary to protect yourself or another person from immediate harm. If you were acting in self-defense, you should have reasonably believed that you or someone else was in imminent danger of bodily harm, and you used reasonable force to protect yourself or others.
Lack of intent: If you accidentally pushed your spouse while trying to move them out of the way, this could be considered a valid defense. Accidental or incidental contact that does not come from a deliberate action is not a criminal offense.
False accusation: Unfortunately, false accusations of domestic assault are all too common. If you believe that your spouse has made false accusations against you, you must not confront them. Consult with a lawyer to determine the best course of action. Look for evidence suggesting the allegations are unfounded or motivated by ulterior motives.
Insufficient evidence: The burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. If evidence is lacking or too weak, it may not meet the legal standard required for a conviction.
Remember, every case is different, and the legal strategies that might be relevant to one situation may not apply to another.
Responding to domestic assault accusations from a spouse is a serious matter that requires a thoughtful and informed approach. Your spouse can use what you say or do to help their case, so more than anything else, protect yourself first and distance yourself from your accuser.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583992024-02-29T14:19:17Z2024-02-29T07:49:58ZIncidents associated with SUV blind spots
One of the problems with SUVs is their larger size and design, which create expansive blind spots. Their size and height can obstruct the view of other vehicles, making them invisible to the driver. This lack of visibility becomes particularly hazardous when the SUV is reversing, turning at intersections or changing lanes.
For example, when an SUV driver shifts lanes without spotting a vehicle in their blind spot, it can lead to a side-swipe collision. This oversight could escalate to more severe crashes if the other car swerves off the road to avoid a collision with the SUV. Such incidents highlight the potential severity of injuries that can occur due to these unseen areas.
The risk increases for those in smaller vehicles, as well as for cyclists or pedestrians who may be less visible. So, drivers must exercise caution to avoid jeopardizing the safety of others on the road.
Responsibility of SUV Drivers
While SUVs may offer certain benefits, the larger areas not directly visible to the driver can result in incidents that endanger other road users. If SUV drivers fail to take necessary precautions, they may cause incidents resulting in serious injuries, emotional stress and additional financial burdens for the victims.
In such cases, the victims can file a personal injury claim to seek compensation for medical expenses, job loss and other related costs. A legal professional can help such victims understand their rights and work through the complex process of filing a claim.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583822024-02-13T09:39:07Z2024-02-13T09:39:07ZThe unexpected dangers of trees
Imagine that it’s a warm, sunny day, so you decide to seek shelter under a leafy tree to cool off. Then, unexpectedly, a branch comes down and almost hits you. Surprisingly, these incidents happen very often, and there are many instances where a falling tree strikes a person.
For instance, a falling tree tragically took the life of a 2-year-old boy after strong winds blew past their backyard in 2023. In another accident, a tree fell onto a truck during heavy rain, killing the driver due to a traumatic head injury.
Many factors can contribute to falling trees. Extreme weather conditions such as heavy rain or strong winds can weaken or uproot them. Improper planting or maintenance can increase the risk of snapping or uprooting. All of this emphasizes the importance of public vigilance as well as routine tree care by municipal governments.
Staying safe: Tips to avoid tree hazards
Here are some ways to protect yourself from the dangers of falling trees:
Stay away from trees during heavy rain, winter or other extreme weather conditions
Avoid parking your vehicle or resting under trees that show signs of rot and uprooting, such as cracked sidewalks, hollow spots in the trunk, dead branches around the base and wilting leaves
Move away from the tree as soon as you hear snapping or cracking sounds
If you spot potentially dangerous trees, consider reporting them to local authorities or park management so they can take the proper measures.
Can you take legal action if a falling tree hurts you?
If you are a victim of a falling tree, you may be entitled to compensation. Property owners, including government entities, are responsible for keeping their premises safe to avoid preventable injuries. They must inspect and address known dangers, such as rotten or uprooted trees. If they fail to act or should have been reasonably aware but neglected to address them, they may be held liable for any resulting injuries.
Trees are a stunning natural asset, but they require regular upkeep. By staying aware and careful, you can enjoy what they offer safely. And if the worst does happen, legal help is available.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583732024-02-05T23:16:04Z2024-02-05T23:16:04ZWhat differentiates a trust from a will?
One of the most important distinctions between a will and a trust is when the document takes effect. Wills only have legal authority after someone dies, but trusts can take effect while someone is still alive. Depending on the type of trust someone creates and how they structure it, they could serve as the first trustee of the trust and could use the trust to shield some of their assets from collection activity and other threats as they age.
Another difference is that a will is a document that provides legal instructions, while a trust is a legal entity someone creates with special paperwork. Trusts are separate from the trustor who creates them. They have the legal authority to control and hold various resources.
Additionally, trusts can provide ongoing oversight from a trustee regarding the use of trust resources. Wills simply ensure the transfer of assets to a specific beneficiary after someone's death. Assets bequeathed in a will pass through probate court and could be subject to creditor claims. Assets held by a trust usually do not need to pass through probate court before their distribution to beneficiaries. Finally, it is often much more difficult for people to challenge or contest a trust than it is for them to take legal action against a will when they oppose someone's estate plan.
Understanding the distinctions between these two popular testamentary documents can potentially benefit those who are planning their estates.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583712024-01-29T13:26:18Z2024-01-29T13:26:18ZCommon cybercrimes in colleges and universities
At its core, cybercrime involves illegal activity where a computer or network is the tool, target, or place of criminal activity. Students might encounter or inadvertently partake in the following cybercrimes:
Computer trespass
Cyber harassment
Hacking
Identity theft
Phishing schemes
Each of these offenses carries criminal penalties that can be harsh for college students.
The repercussions of college cybercrimes
The penalties for these cybercrimes depend on the severity of the offense and the damage caused. The penalties are:
Cyber harassment: Pennsylvania law prohibits any and all forms of harassment. This includes cyber harassment where the offender communicates repeatedly in an anonymous manner, such as on social media. This is a misdemeanor of the third degree, carrying up to 90 days of imprisonment and $5,000 in fines.
Hacking and phishing: Both are considered an unlawful use of a computer; they are third-degree felonies punishable by up to seven years of prison and $15,000 in fines.
Identity theft: The penalty for this offense is dependent on the total value involved. For identity theft involving less than $2,000, the offense is a misdemeanor of the first degree, which is punishable by up to five years of prison and $10,000 in fines.
Computer trespass: Computer trespass is a felony of the third degree. The offenses are punishable by up to seven years of prison and $15,000 in fines.
On top of these penalties, students convicted of these cybercrimes may face disciplinary action from their respective colleges. This is usually in the form of suspension or expulsion. A student’s criminal record could also hinder their graduate school admissions and employment prospects.
Cybercrimes carry substantial legal and academic penalties that can derail a student's educational and professional objectives. If you or another college student you know faces charges for cybercrimes, consider speaking with a legal professional. An attorney can help you build your case and protect your rights in court.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583372024-02-06T10:01:49Z2024-01-18T14:36:49ZUnderstanding Pennsylvania inheritance laws
If you pass on without a will, your assets will undergo probate and be distributed according to state intestacy laws. Pennsylvania follows a predetermined hierarchy of beneficiaries, which prioritizes the surviving spouse, followed by children, parents, and siblings.
Even when you have children, your surviving spouse will inherit a significant portion of your estate upon your death. They are entitled to receive the first $30,000 of your intestate property and half of the remaining balance, with your children sharing the rest.
How remarriage could threaten your children’s future
Should your spouse remarry, they can bring the assets inherited from you into the new marriage without a legal obligation to pass it on to your children. Their new spouse may claim a share of those assets upon divorce or death, leaving your children out of the equation.
Not knowing whether your spouse will support your children after your death is disconcerting, but it's possible without a plan in place. By using estate planning tools, you can gain better control over the distribution of your assets, ensuring your children's future.
Benefits of creating a trust
A family trust is an effective estate planning tool for managing and distributing assets while avoiding probate. It ensures that your spouse, children, and any beneficiaries get a share of your assets in the manner you choose.
For example, you may set up the trust such that your children only have access to their inheritance once they reach 18. Alternatively, if you have adult children who are not financially responsible, you could set life milestones for them to achieve before they get their share.
Moreover, a trust can spare your family from enduring long and contentious probate proceedings. Probate can drag on for years, potentially leaving your children without support in the meantime.
By establishing a solid trust, you can protect your children’s rights to your assets. An estate planning attorney can also help you tailor a clear and detailed trust that minimizes the possibility of future family disputes.
Despite the fact that it may include many difficult discussions and decisions, estate planning can give you peace of mind knowing that your loved ones will be taken care of.]]>On Behalf of Bellwoar Kelly, LLPhttps://www.bellwoarkelly.com/?p=583122024-01-09T08:50:13Z2024-01-09T08:50:13ZMedical marijuana allowed
Pennsylvania legalizes the possession and use of medical cannabis. By law, patients and their caregivers can only buy medical marijuana from an approved dispensary. However, they must have a valid identification card issued by the state Department of Health to purchase.
Purchasing medical cannabis without a valid ID is an offense.
In addition, medical marijuana dispensaries may only sell the substance to patients or caregivers in the following forms:
Pills
Oils
Topical forms
Forms suited for vaporization or nebulization
Tinctures
Liquids
It’s illegal to dispense cannabis in dry leaf or plant form.
Recreational cannabis still prohibited
On the flip side, the state still prohibits any recreational use. The penalties for possession of recreational cannabis for personal use are based on the amount the offender had at the time of the offense:
Possession of 30 grams or less: The offense is a misdemeanor, subject to up to 30 days in jail and a $500 fine.
Possession of more than 30 grams: The offense becomes a felony, punishable by up to a year in jail and $5,000 in fines.
Cultivating any number of cannabis plants is also a felony, which leads to up to five years of prison and $15,000 in fines on conviction.
In summary, Pennsylvania allows the medical use of cannabis for as long as the patient has the right ID card. Recreational use, however, remains illegal. On top of fines and jail time, offenders also get a criminal record on conviction. Even a misdemeanor on record can harm a person’s employment, education and housing opportunities.
If you face charges for possession, it’s important to seek the advice of a legal professional who can help you navigate Pennsylvania’s complex cannabis laws.]]>