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Drug violations in Pennsylvania: Exploring defense options

Those charged with drug violations in the state of Pennsylvania face the possibility of severe consequences if a conviction occurs. To most, it feels as if these charges are impossible to overcome. However, by partnering with an experienced defense lawyer, you can create a sound legal strategy that may help you avoid jail and other penalties.

While there are many different defense strategies you can choose from, it is critical to ensure that the one you select matches the details of your case. For example, say that you are alone in your car, and the police pull you over. During a search, they find a bag of marijuana in your pants pocket and arrest you for drug possession. Since you are alone, claiming that the drugs do not belong to you may not be the best strategy.

Appealing your criminal conviction

Despite your efforts at building a solid defense strategy to fight the charges against you, a jury convicted you. This turn of events may feel devastating, but it is not necessarily the end of the story. Your case may qualify for the appellate court, and you have every right to pursue that possibility.

Appealing a verdict means taking your case to a higher court, but it does not mean re-trying your case, calling new witnesses or presenting new evidence. An appeal focuses on the original case and any mistakes that may have had a negative effect on the outcome. Because the appeals process is quite different from a criminal trial, you would be wise to seek the guidance of an attorney who has extensive experience in this realm of law.

The death penalty is still a possibility in Pennsylvania

In many ways, the 21st century is a model of ongoing enlightenment. For example, more and more people are coming to realize that taking a person's life for alleged criminal behavior is something that requires careful thought. People are also starting to understand that many elements can complicate homicide and death penalty cases.

A person's mental health, for instance, can play a significant role in their alleged involvement in serious crimes. Further, there is a widespread consensus that racial issues have influenced many cases in which defendants received the death penalty.

For DUI, how does general impairment differ from high rate?

Pennsylvanians who are arrested and charged with driving under the influence will undoubtedly be fearful and concerned as to what the future holds. Not only can there be a variety of penalties including incarceration and fines, but there can also be a driver's license suspension. People may not know that the state law has different levels of charges based on the amount of alcohol in the driver's system. This can be a vital factor in the case.

People are often caught off guard when they discover that Pennsylvania has what is called a "high rate of alcohol" in a DUI case. Those who are facing charges due to a high rate of alcohol in the system will face worse consequences than those arrested for general impairment. Knowing the difference can be key to a defense.

Who is prohibited from possessing a firearm in Pennsylvania?

People in Pennsylvania generally have the right to possess a firearm and there are many people who own guns. However, there are a number of restrictions on that right. People need to register the firearms and have a license if they want to carry them. Also, there are ways in which people can lose their right to possess them. Typically, people who have committed certain felonies and other crimes of violence are prohibited from possessing firearms.

Specifically, people convicted of crimes stated in the statutes are prohibited from possessing guns. These crimes include but are not limited to, aggravated assault, burglary, felony sexual assaults, felony robbery, stealing a motor vehicle, drug crimes that would result in at least two years in prison, people convicted of at least three DUIs in a five-year period and others. In addition to those convicted of certain crimes, people who have been declared incompetent and those with active protection from abuse orders cannot possess firearms.

Drugs are categorized into different schedules

There are many different drugs that people take each day in Pennsylvania. Many of these drugs are taken due to injuries or illnesses and they are prescribed by doctors to treat the medical condition. When people take prescribed drugs, it is helpful and legal. However, many people take drugs that are not prescribed by doctors. When people use these drugs it is illegal and people could face serious consequences if they are convicted of the drug violation.

The consequences they may face depend on a number of factors such as the type of drug they possess, the amount they possess, if they have prior convictions and other factors. Drugs are categorized into five schedules, I - V, with schedule I being the most dangerous and having the most serious consequences.

Are you under investigation for wire fraud?

Being accused of any type of crime can seem shocking to some people. You may have never anticipated coming under investigation for a serious crime, but one day, you learned that such action was taking place. Understandably, you began to feel a little worried, even if you did not believe you had done anything wrong.

Even if authorities have not formally charged you with a crime, you may still wonder what will happen since you are under investigation for wire fraud. At this point, it may be in your best interests to gain information on the type of crime of which authorities have accused you and what it could mean for your future if you do face a formal charge.

Potential consequences for a second DUI in Pennsylvania

The holidays are approaching and people in Pennsylvania are now starting to attend various holiday parties. They also will have family gatherings and other events. This can be a very festive time of year and many times these parties and gatherings serve alcohol. However, it is important to enjoy in moderation or find sober rides home because if people are caught driving drunk they could face the harsh consequences of a DUI.

This is especially true if people have a previous DUI conviction. The penalties for a second DUI increase. The penalties depend on blood alcohol content. If an arrestee has a BAC between .08 and .99, that person could spend between five days to six months in jail. They will also have a 12-month license suspension and have interlock devices in their vehicles for a year. In addition to that, they will need to pay a fine between $300 and $2,500.

What are the elements of an embezzlement charge?

When people in Pennsylvania work for a company, they earn money through their hourly wage or salary as negotiated with the company. To receive this money, they are expected to perform their job at a satisfactory level. Through the course of their employment, some people may be entrusted with ensuring that the property and money of the company end up going to the appropriate places.

However, sometimes people entrusted with the property and assets may take the property for their own personal use. In these situations, people could be charged with embezzlement. Embezzlement has several elements that must be proven. One element is that the person had a fiduciary relationship with the company or other institution and received possession of property through their employment. The second element is that the person used the property for their own personal use with the intent to deprive the company or institution of the property.

Elements required for first degree murder charge

There are different murder charges in Pennsylvania. What a person may be charged with depends on how the victim was killed. The charges are also based on a determination of the intent of the defendant.

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