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all rights reserved Todd W. Elliott 2008 |
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Pittsburgh and Beaver County Lawyers You need a lawyer who will work to reduce (or eliminate) the charges against you. We will fully protect your rights at trial and/or during negotiations with the district attorney. Case Evaluation. Give us a call and we will evaluate your case for free. We will help you at every stage in the proceedings: preliminary hearing, arraignment, pretrial conference, and trial. Rely on us to handle all types of casees: speeding ticket, criminal negligence, assault and battery, fraud, theft, drug possession, and DUI (driving under the influence). In each case, we work with the DA to for the best possible agreement to help you. Felony, Misdemeanor, DUI. Let us help you with your DUI, misdemeanor charge, felony charge, or other case in Allegheny County (Pittsburgh), Beaver County, or Washington County. |
IMPORTANT NOTE: The following Statute has changed. http://members.aol.com/StatutesPA/75PA3731.html. Please contact our office to see how the law on drunk driving has been updated by recent amendments, as the following is no longer good law: SUBCHAPTER B. SERIOUS TRAFFIC OFFENSES § 3731. Driving under influence of alcohol or controlled substance. (a) Offense defined.--A person shall not drive, operate or be in actual physical control of the movement of any vehicle: while under the influence of alcohol to a degree which renders the person incapable of safe driving; while under the influence of any controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No.64) known as the Controlled Substance, Drug, Device and Cosmetic Act, to a degree which renders the person incapable of safe driving; while under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving; while the amount of alcohol by weight in the blood of: an adult is 0.10% or greater; or a minor is 0.02% or greater. (a.1) Prima facie evidence.-- It is prima facie evidence that: an adult had 0.10% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of any vehicle if the amount of alcohol by weight in the blood of the person is equal to or greater than 0.10% at the time a chemical test is performed on a sample of the person's breath, blood or urine; a minor had 0.02% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of any vehicle if the amount of alcohol by weight in the blood of the minor is equal to or greater than 0.02% at the time a chemical test is performed on a sample of the person's breath, blood or urine; and a person operating a commercial vehicle had 0.04% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of the commercial vehicle if the amount of alcohol by weight in the blood of a person operating a commercial vehicle is equal to or greater than 0.04% at the time a chemical test is performed on a sample of the person's breath, blood or urine. For the purposes of this section, the chemical test of the sample of the person's breath, blood or urine shall be from a sample obtained: within three hours after the person drove, operated or was in actual physical control of the vehicle; or within a reasonable additional time after the person drove, operated or was in actual physical control of the vehicle if the circumstances of the incident prevent collecting the sample within three hours. (b) Authorized use not a defense.--The fact that any person charged with violating this section is or has been legally entitled to use alcohol or controlled substances is not a defense to any charge of violating this section. (c) Certain arrests authorized.--In addition to any other powers of arrest, a police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the police officer's political subdivision at which the person to be arrested is found or was taken or removed to for purposes of emergency treatment examination or evaluation provided there is probable cause to believe that the violation of this section occurred within the police officer's political subdivision. (d) Certain dispositions prohibited.--The attorney for the Commonwealth shall not submit a charge brought under this section for Accelerated Rehabilitative Disposition if: the defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under this section within seven years of the date of the current offense; the defendant committed any other act in connection with the present offense which, in the judgment of the attorney for the Commonwealth, constitutes a violation of any of the specific offenses enumerated within section 1542 (relating to revocation of habitual offender's license); or an accident occurred in connection with the events surrounding the current offense and any person, other than the defendant, was killed or seriously injured as a result of the accident. (e) Penalty.-- 1. Any person violating any of the provisions of this section is guilty of a misdemeanor of the second degree, except that a person convicted of a third or subsequent offense is guilty of a misdemeanor of the first degree, and the sentencing court shall order the person to pay a fine of not less than $300 and serve a minimum term of imprisonment of: Not less than 48 consecutive hours. Not less than 30 days if the person has previously accepted Accelerated Rehabilitative Disposition or any other form of preliminary disposition, been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act (42 Pa.C.S. section 6301 et seq.) based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years Not less than 90 days if the person has twice previously been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years. Not less than one year if the person has three times previously been convicted of, adjudicated delinquent or granted a consent decree under the Juvenile Act based on an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years. 2. Acceptance of Accelerated Rehabilitative Disposition, an adjudication of delinquency or a consent decree under the Juvenile Act or any other form of preliminary disposition of any charge brought under this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of a violation of this section shall be considered a second, third, fourth or subsequent conviction. 3. The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section. 4. The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section. 5. Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, a person appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, a person appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section. 6. Any person who accepts Accelerated Rehabilitative Disposition of any charge brought under this section shall accept as conditions the imposition of and the judge shall impose in addition to any other conditions all of the following: A fee to cover the costs referred to in section 1548(e) (relating to costs) A mandatory suspension of operating privilege for a period of not less than one month but not more than 12 months. A condition that the defendant, as a condition to entering the program, make restitution to any person who incurred determinable financial loss as a result of the defendant's actions which resulted in a charge of violating this section. Court supervision for any defendant required to make restitution or submit to counseling or treatment. Court supervision for a period of not less than six months when the Court Reporting Network indicates that counseling or treatment is not necessary and not less than 12 months when the Court Reporting Network indicates that counseling or treatment is in order. A fee to cover the reasonable costs, if any, of a municipal corporation in connection with a charge brought under this section which results in Accelerated Rehabilitative Disposition. 7. Accelerated Rehabilitative Disposition or other preliminary disposition of any charge of violating this section may be revoked and the court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in general rules if the defendant: (i) is charged with or commits any crime enumerated in Title 18 (relating to crimes and offenses) or in section 1542 within the probationary period; (ii) fails to make restitution as provided for in this section; (iii) fails to successfully complete the alcohol highway safety school required by section 1548(b); (iv) fails to successfully complete any program of counseling or treatment, or both, required as a condition of Accelerated Rehabilitative Disposition; or (v) violates the terms and conditions of Accelerated Rehabilitative Disposition in any other way. 7.1 In addition to the conditions set forth in paragraph (7) for Accelerated Rehabilitative Disposition of any charge brought under this section, the judge may impose, and the person shall accept, the condition that the person engage in a program of collecting litter from public and private property, especially property which is littered with alcoholic beverage containers. The duration of the person's participation in a litter collection program shall not exceed the duration of the probationary period imposed on the person under Accelerated Rehabiliative Disposition. 8. With the exception of program costs referred to in section 1548(e) or any restitution referred to in this section, and with the exception of any fees imposed pursuant to paragraph (6)(vi) which shall be distributed to the affected municipal corporation, any fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative Disposition or any other preliminary disposition of any charge under this section shall be distributed as provided for in 42 Pa.C.S. sections 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.) |
The following is an excerpt from the Pennsylvania Crimes Statute that defines criminal conduct in the Commonwealth of Pennsylvania. http://members.aol.com/StatutesPA/18.html. Please do not rely on the following as a substitute for obtaining legal advice from a qualified attorney: PART I - PRELIMINARY PROVISIONS CHAPTER 1. GENERAL PROVISIONS CHAPTER 3. CULPABILITY CHAPTER 5. GENERAL PRINCIPLES OF JUSTIFICATION CHAPTER 7. RESPONSIBILITY (RESERVED) CHAPTER 9. INCHOATE CRIMES CHAPTER 11. AUTHORIZED DISPOSITION OF OFFENDERS CHAPTER 13. [TRANSFERRED OR REPEALED] PART II - DEFINITION OF SPECIFIC OFFENSES ARTICLE A. Offenses Against Existence or Stability of Government CHAPTER 21. OFFENSES AGAINST THE FLAG ARTICLE B. Offenses Involving Danger to the Person CHAPTER 23. GENERAL PROVISIONS CHAPTER 25. CRIMINAL HOMICIDE CHAPTER 26. CRIMES AGAINST UNBORN CHILD CHAPTER 27. ASSAULT CHAPTER 29. KIDNAPPING CHAPTER 31. SEXUAL OFFENSES CHAPTER 32. ABORTION ARTICLE C. Offenses Against Property CHAPTER 33. ARSON, CRIMINAL MISCHIEF AND OTHER PROPERTY DESTRUCTION CHAPTER 35. BURGLARY AND OTHER CRIMINAL INTRUSION CHAPTER 37. ROBBERY. CHAPTER 39. THEFT AND RELATED OFFENSES CHAPTER 41. FORGERY AND FRAUDULENT PRACTICES ARTICLE D. Offenses Against the Family CHAPTER 43. OFFENSES AGAINST THE FAMILY ARTICLE E. Offenses Against Public Administration CHAPTER 45. GENERAL PROVISIONS CHAPTER 47. BRIBERY AND CORRUPT INFLUENCE CHAPTER 49. FALSIFICATION AND INTIMIDATION CHAPTER 51. OBSTRUCTING GOVERNMENTAL OPERATIONS CHAPTER 53. ABUSE OF OFFICE ARTICLE F. Offenses Against Public Order and Decency CHAPTER 55. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES CHAPTER 57. WIRETAPPING AND ELECTRONIC SURVEILLANCE CHAPTER 59. PUBLIC DECENCY ARTICLE G. Miscellaneous Offenses CHAPTER 61. FIREARMS AND OTHER DANGEROUS ARTICLES CHAPTER 63. MINORS CHAPTER 65. NUISANCES CHAPTER 67. PROPRIETARY AND OFFICIAL RIGHTS CHAPTER 69. PUBLIC UTILITIES CHAPTER 71. SPORTS AND AMUSEMENTS CHAPTER 73. TRADE AND COMMERCE CHAPTER 75. OTHER OFFENSES ARTICLE H. Miscellaneous Provisions CHAPTER 91. CRIMINAL HISTORY RECORD INFORMATION CHAPTER 93. INDEPENDENT COUNSEL 2701. Simple assault. (a) Offense defined.--A person is guilty of assault if he: attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree. § 2702. Aggravated assault. (a) Offense defined.--A person is guilty of aggravated assault if he: attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty; attempts to cause or intentionally or knowingly causes bodily injury to a any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty; attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school. attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury. (b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5) and (6) is a felony of the second degree. § 2711. Probable cause arrests in domestic violence cases. (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony whenever he has probable cause to believe the defendant has violated section 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person) 2706 (relating to terroristic threats) or 2709(b) (relating to harassment and stalking) against a family or household member although the offense did not take place in the presence of the police officer. A police officer may not arrest a person pursuant to this section without first observing recent physical injury to the victim or other corroborative evidence. For the purposes of this subsection, the term "family or household member" has the meaning given that term in 23 Pa.C.S. § 6102 (relating to definitions). (b) Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the commission of the alleged offense. (c) Bail.-- A defendant arrested pursuant to this section shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. In no case shall the arresting officer release the defendant from custody rather than taking the defendant before the issuing authority. In determining whether to admit the defendant to bail, the issuing authority shall consider whether the defendant poses a threat of danger to the victim. If the issuing authority makes such a determination, it shall require as a condition of bail that the defendant shall refrain from entering the residence or household of the victim and the victim's place of employment and shall refrain from committing any further criminal conduct against the victim and shall so notify the defendant thereof at the time the defendant is admitted to bail. Such condition shall expire at the time of the preliminary hearing or upon the entry or the denial of the protection of abuse order by the court, whichever occurs first. A violation of this condition may be punishable by the revocation of any form of pretrial release or the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding him custody or a modification of the terms of the bail. The defendant shall be provided a hearing on this matter. (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in writing, notify the victim of the availability of a shelter, including its telephone number, or other services in the community. Said notice shall include the following statement: "If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) which could include the following: § 3922. Theft by deception. (a) Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally: creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; prevents another from acquiring information which would affect his judgment of a transaction; or fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship. (b) Exception.--The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. § 3301. Arson and related offenses. [to be inserted.] |
all rights reserved Todd W. Elliott 2008 |
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