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Posts tagged "Criminal Defense"

Weapons and hate crime charge raises mental health issues

The line between expressing forbidden criminal intent and aberrant mental health can be quite vague. The case of a man currently in the Lackawanna County Prison demonstrates the difficulties of distinguishing between expressions of intent to commit hate crimes and statements resulting from an emotional disturbance.

Disagreement about liquor ID becomes fight, robbery and DWI

Store clerks who sell liquor in Pennsylvania are required to ask for identification and proof that the customer is old enough to legally purchase intoxicating beverages. Ordinarily, the transaction is simple and quick, but a recent argument about showing identification turned into accusations of a fight, a robbery and a DWI.

Can I face drug charges for prescription drugs?

Criminal charges are possible related to the abuse of prescription drugs and the illegal sale of prescription drugs. It is both illegal to use prescription drugs without a prescription that is valid and to distribute prescription drugs that are illegally obtained without a valid prescription and there are potential criminal penalties for doing both. Potential penalties and consequences for any type of drug charges can be severe.

The serious nature of drug charges and potential penalties

Drug charges are always serious charges that carry potentially stiff consequences and penalties. A good criminal defense may be able to reduce the charges the accused individual is facing, or reduce the potential penalties the accused individual is facing, so accused individuals should always be familiar with their criminal defense rights and options.

What are felony charges and why are they so serious?

Felony criminal charges are serious criminal charges which can deprive the accused individual of their freedom and future. Individuals who are facing felony charges may wonder what felony charges are and why they are so serious. In general, felony charges are considered the most serious types of criminal charges and can be punished by a year or greater in prison.

The basics of the RICO Act

There are numerous criminal charges that individuals can be accused of and wind up facing which is why it is important for accused individuals to know their criminal defense rights and protections and be familiar with the different charges they might face. One category of crimes falls under the RICO Act which stands for the Racketeer Influenced and Corrupt Organizations Act. It targets racketeering activities.

Defending those accused of violent crimes in Pennsylvania

Criminal defendants are presumed innocent until proven guilty. However, the accused are often convicted in the court of public opinion long before being convicted in the court of law. This is especially true for those accused of violent crimes, such as murder, domestic assault and sex crimes. Attorney Bernard J. Brown is dedicated to protecting defendants' rights during the entire legal process and ensuring that they are informed of all their legal options.

District Attorney will not pursue cash bail for certain crimes

The Philadelphia district attorney recently announced that certain criminal defendants will no longer have to pay cash bail. The district attorney's office hopes that this new policy will address socioeconomic and racial inequalities caused by the present pre-trial system. The district attorney notes that the cash bail system disproportionately affects low-income people and people of color.

What is excluded under the fruit of the poisonous tree doctrine?

A previous blog post discussed legal defenses to a child pornography offense in Pennsylvania. Defendants may avoid conviction if they accidentally viewed the prohibited material, if they possessed the material for a bona fide educational, scientific, governmental or judicial purpose or if the alleged victim was over the age of 18. The laws of criminal procedure, such as the exclusionary rule, apply to criminal defendants facing child pornography as well as other criminal charges.

Exceptions to the search warrant requirement

A previous blog post discussed the scope of a valid search warrant. The Fourth Amendment protects people from unreasonable searches and seizures. Generally, law enforcement must obtain permission from the court to search a person or their property. However, there are some exceptions to this requirement, including consent, emergency, searches incident to arrest and plain view.

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