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By Strand Law Offices, LLC 11 Dec, 2023
According to the Pennsylvania Department of Transportation, in 2022, there were 42,409 driving under the influence (DUI) arrests. Facing a DUI charge can be an incredibly overwhelming experience. We understand how stressful it is to navigate through the complexities of the legal process, especially when you're unsure of your rights regarding DUI tests. It's natural to feel anxious and uncertain about what comes next. With us by your side, you're not alone.  At Strand Law Offices, LLC, we are committed to offering you more than just legal advice. Located in West Chester, Pennsylvania, we serve clients throughout Lancaster County and its surrounding areas. Our team , experienced in DUI law, provides comprehensive legal services that not only address your immediate concerns but also equip you with the knowledge you need to make informed decisions about your case. Understanding Implied Consent in Pennsylvania In Pennsylvania, the concept of implied consent plays a crucial role in DUI cases. Simply put, if you hold a driver's license in this state, you've implicitly agreed to submit to one or more tests of your breath or blood if law enforcement has reasonable suspicion you're driving under the influence. This means that if you're pulled over, you are legally obligated to comply with a blood alcohol test. However, understanding this law can be complex, and it's where our knowledge comes into play. We can help clarify any confusion and help protect your rights during this process. Blood Alcohol Test vs. Sobriety Test It's important to distinguish between a blood alcohol test and a sobriety test. While they may seem similar, they serve different purposes and have different implications. A blood alcohol test measures the concentration of alcohol in your blood, providing concrete evidence of your intoxication level. This test is mandatory under Pennsylvania's implied consent law. On the other hand, sobriety tests are not compulsory and often don’t accurately reflect whether someone is sober. These tests assess your physical coordination and mental acuity, but they are subjective and can be influenced by various factors. Types of Sobriety Tests There are several types of sobriety tests that law enforcement may administer during a DUI stop. Here's an overview of each one: Horizontal Gaze Nystagmus (HGN) Test: An officer will ask you to follow a moving object, like a pen or flashlight, with just your eyes. The officer is checking for involuntary jerking of the eye, which can be exaggerated by alcohol impairment. Walk-and-Turn Test: This test asks you to take nine heel-to-toe steps along a straight line, turn on one foot, and then return in the same manner. Officers are looking for signs such as inability to balance, wrong number of steps, or starting before the instructions are finished. One-Leg Stand Test: You'll be asked to stand with one foot approximately six inches off the ground and count aloud until the officer tells you to put your foot down. The officer is watching for swaying, hopping, or using arms to balance, which can indicate impairment. Finger-to-Nose Test: In this test, you'll be asked to close your eyes, tilt your head back slightly, and touch the tip of your nose with your finger. It assesses your physical coordination. Romberg Balance Test: You'll be asked to stand upright, feet together, and lean your head back while keeping your eyes closed. The officer will look for signs of swaying or imbalance. Counting Test: This test asks you to count forward or backward in certain increments. It checks cognitive function and attention span. Alphabet Test: As the name suggests, you'll be asked to say the alphabet forwards or backward. It's another way to check cognitive function. Remember, while these tests can be stressful, you have rights during a DUI stop. An experienced criminal defense attorney can gladly help you understand your rights. Consequences of Refusal Refusing to submit to a sobriety or blood alcohol test can lead to serious consequences. These include: Civil and Criminal Consequences: Refusing a chemical test can lead to both civil and criminal penalties. It's not just about fines; there are also potential repercussions on your driving privileges and criminal record. Implied Consent Law: Pennsylvania's law states that by driving here, you've implicitly agreed to a breath or blood test if legally detained for suspected DUI. If you refuse, the officer can still get a search warrant for a blood sample. License Suspension: If you refuse a chemical test, the Department of Transportation (DOT) will impose a 12-month license suspension, which runs consecutively with any other suspensions. If you have a prior refusal suspension, a prior DUI conviction, or any similar prior offense, the suspension period extends to 18 months. Right to Contest: You have the right to contest the suspension by requesting a hearing. This is a critical step where professional legal representation can make a significant difference. Ignition Interlock Device (IID): Offenders must install and maintain an IID for one year before license reinstatement. This device requires a breath sample before the vehicle can start. Reinstatement Fees: The fees for refusing a chemical test are steep. They start at $500 for a first offense, rise to $1,000 for a second offense, and hit $2,000 for a third offense. Additional Penalties: While refusing a lawful breath test isn't a crime, it can result in additional penalties if convicted of DUI. These can include higher fines, jail time, and driver's license penalties. Admissible in Court: Your refusal to take a test can be used in court and considered when deciding guilt. Remember, the consequences of a DUI conviction and implied consent violation in Pennsylvania are serious. But you're not alone in this journey. We're here to provide the legal support you need, every step of the way. If you're looking for a skilled criminal defense attorney in West Chester, Pennsylvania, reach out to our firm today to meet with us. Strong & Reliable Legal Guidance When dealing with DUI charges and tests, it's crucial to have reliable legal guidance. Our experienced DUI attorneys understand Pennsylvania's DUI laws inside and out. We provide the support and representation you need, thoroughly analyzing your case, challenging the validity of tests conducted, and working tirelessly to protect your rights. We aim to achieve the best possible outcome for your situation. We're not just your attorneys; we're your advocates, dedicated to standing with you every step of the way. Trust us to guide you through this challenging time with the strength and reliability that Strand Law Offices, LLC is known for.
By Strand Law Offices, LLC 14 Nov, 2023
In Pennsylvania, driving under the influence (DUI) is a serious offense with far-reaching implications. If convicted, the penalties you will face can vary depending on factors such as your blood alcohol content (BAC) level and any previous convictions. At Strand Law Offices, LLC, we understand that facing a DUI charge can be a stressful and confusing experience. We believe that understanding the laws and regulations surrounding DUI is essential in navigating the legal process effectively. We're here to help clarify these complexities and provide you with the necessary support and guidance.  If you are facing DUI charges in or around West Chester, Pennsylvania, or in the surrounding counties, reach out to us at Strand Law Offices, LLC for representation. Frequently Asked Questions About DUIs Below, we address some of the most frequently asked questions about DUIs that we encounter in our practice. These have been curated to provide you with immediate answers to common concerns and to help you understand the nuances of DUI cases. Remember, actual outcomes will vary based on specific circumstances. For advice tailored to your unique situation, contact us for a consultation. Can I refuse the breath and/or blood test when pulled over on suspicion of DUI? Yes, you have the right to refuse a breath or blood test when pulled over on suspicion of DUI in Pennsylvania. However, it's important to remember that this refusal can result in the suspension of your driver's license for a certain period. It's advisable to consult with your attorney to fully grasp the potential consequences of refusing a test. If I’ve been charged with a DUI, will I go to jail? The possibility of jail time for a DUI conviction in Pennsylvania depends on various factors, including your number of previous DUI convictions and the specific circumstances of your case. For a first offense, jail time isn't mandatory, but subsequent offenses could lead to imprisonment. We're here to help you understand the potential outcomes based on your specific situation. Will I lose my license? How will I get to work? DUI convictions in Pennsylvania could lead to the suspension of your driver's license. The length of this suspension depends on factors such as your BAC level and previous convictions. We understand that losing your license can significantly impact your ability to commute to work. However, there may be options available, such as obtaining an occupational limited license, which allows you to drive to and from work during the suspension period. We can help you explore these options. What should I expect during the hearing? During a DUI hearing in Pennsylvania, various aspects of your case will be evaluated, including evidence, witness testimonies, and legal arguments. The prosecution will present their case, and your defense attorney will challenge the evidence and present your defense. You can count on us to ensure you're prepared and effectively represented during the hearing. Is it worth it to fight a DUI? Fighting a DUI charge can be beneficial to retaining your freedom and avoiding harsh penalties. There may be potential defenses or weaknesses in the prosecution's evidence that we can exploit. Our team can assess the details of your case and advise you on the best way to fight your charges. We can help in getting the charges dismissed or reduced, which is undoubtedly worth the time and effort given the long-lasting consequences of a conviction. Are there any ways to reduce my sentence? In some cases, it may be possible to negotiate a reduced sentence for a DUI conviction through plea bargaining or exploring alternative sentencing options like participation in a treatment program. We are experienced in advocating for our clients' best interests and will tirelessly explore potential avenues for sentence reduction. Is hiring an attorney necessary? While you can navigate the DUI process without an attorney , we highly recommend having one by your side. A DUI lawyer will have the knowledge and experience necessary to handle these cases, provide valuable guidance, protect your rights, and help you navigate the complex legal system. How Our DUI Attorney Can Help You At Strand Law Offices, LLC , our attorney can provide invaluable assistance throughout the DUI process. We'll diligently assess the details of your case, gather and analyze evidence, challenge the prosecution's evidence, negotiate with the prosecution, and represent you in court. We can also guide you on potential defenses, explore options for sentence reduction, and protect your rights throughout the legal proceedings. Don’t Risk Your Future. Call Now. If you're facing DUI charges in Pennsylvania, it's crucial to seek legal representation from an experienced attorney. At Strand Law Offices, LLC, we're committed to guiding you through the legal process, protecting your rights, and working towards achieving the best possible outcome for your case. We encourage you to contact us today to discuss your situation and receive personalized legal advice.
By Strand Law Offices, LLC 20 Oct, 2023
Statistics from the Pennsylvania Uniform Crime Reporting (UCR) system indicate that there were 355,138 total arrests statewide in 2018. Of these, there were 66,149 arrests for property crimes, 136,209 for drug law violations, and 64,915 arrests for violent crimes. After any kind of criminal arrest, the accused person must navigate the Pennsylvania criminal justice system.  If you're found guilty during a criminal trial or if you plead guilty, you may be sentenced immediately or at a sentencing hearing. It’s important not to navigate any part of this process alone. A knowledgeable Pennsylvania criminal defense attorney can enlighten you about what to expect during sentencing and advocate for your best interests. At Strand Law Offices, LLC, we're committed to offering comprehensive guidance and skilled representation to clients in their criminal cases. Our attorney can prepare you for the sentencing hearing, fight vigorously for your rights, and explore the possibility of an alternative sentencing. We're proud to serve clients across West Chester and Lancaster County, Pennsylvania. Set up a consultation today. What Is a ‘Sentence’? A sentence can be described as a term of imprisonment, penalty, or legal punishment imposed on a convicted defendant by a judge for breaking the law or committing a crime. Defendants who plead guilty or no contest will receive a sentence for the crime committed. In the Commonwealth of Pennsylvania, convicted offenders will receive a sentence for their criminal wrongdoing at the sentencing hearing . When Does Sentencing Occur? The sentencing typically happens in the same courtroom or courthouse where the trial occurred. Defendants who have pleaded guilty and accepted a plea deal may be sentenced immediately, depending on the sentence agreed with the prosecutor. Keep in mind that if the offender was found guilty or convicted at trial, the sentencing hearing may be scheduled at a later date. Depending on the surrounding circumstances of the case, sentencing could occur several weeks after the conviction. What Happens During Sentencing? Each criminal case is unique, and what will happen during sentencing depends on the nature and surrounding circumstances of the crime. If you're preparing for a sentencing hearing, here's what you may expect: Review Pre-Sentence Report: At the sentencing hearing, the presiding judge will review the pre-sentence report (PSR) provided by the court's probation department. The PSR involves a summary of the crime and the personal, family, education, criminal, and employment history of the defendant. This will help the judge determine a fair and appropriate sentence. Review the Case Details: In addition, the judge will evaluate all of the facts of the case. This will help the judge determine the length, disposition, and nature of the sentence, according to applicable state laws and sentencing requirements. However, the judge may not go below the mandatory minimums or above the maximums, if any. Hear from Both Attorneys: The judge will listen to arguments from both the prosecution attorney and defense counsel. The attorneys can present additional evidence and make arguments to plead their case and request a harsher or lesser punishment. Hear from the Victim: The judge will also ask if the victim wants to speak. The victim or their family members will be allowed to give testimony or make statements against the defendant. Hear from the Defendant: Similarly, the judge will allow the defendant to speak. This may be one last opportunity to plead your case and hope for a reduced penalty. Consider Sentencing Alternatives: Depending on the nature of the crime and other factors, the judge may consider other alternatives to jail for the defendant. These could include alcohol or drug abuse treatment programs, house arrest, probation, and community service. Issue a Sentence: Finally, the judge will issue a sentence for the convicted defendant based on the applicable state laws and sentencing guidelines. In most cases, a first-time offender will probably receive a lesser sentence, while a habitual offender might be punished harshly. A dedicated criminal defense lawyer can represent you intelligently at the sentencing hearing and help you achieve the best available outcome for your unique situation. How Exactly Is the Sentence Determined? To issue a fitting sentence, the judge may take the following factors into consideration: The defendant's criminal record or history The severity, seriousness, or gravity score of the crime The character of the offender and the support system available to them The offender's career and involvement within their community The defendant's actions and behavior during pretrial release or while awaiting trial Any court-related programs completed by the offender Generally, the judge will sentence the defendant based on their discretion—while considering the necessary factors, of course. Regardless, the judge may not go below the mandatory minimum punishments or above the mandatory maximum punishments required for the offense in question. You Deserve Strong Representation Getting effective representation during sentencing is crucial to achieving a path forward. At Strand Law Offices, LLC, we have the diligence and skill to defend and represent convicted defendants during the sentencing hearing. As your legal counsel, we can help present factual evidence to plead your case and uphold your rights. Contact us at Strand Law Offices, LLC, today to schedule a simple case evaluation with a criminal defense lawyer. Our attorney can offer you the support you need during sentencing. We proudly serve clients across West Chester and Lancaster County, Pennsylvania.
By Strand Law Offices, LLC 13 Sep, 2023
A criminal prosecution is a time of great anxiety if you are the defendant being accused of breaking the law, whether it be something seemingly minor such as a DUI, petty theft, or something more serious such as assault or even homicide. Your future is literally at stake. Keep this in mind: your best friend in a criminal prosecution is your defense attorney – along with the exercise of your Fifth Amendment right to remain silent. If you are facing an investigation or a criminal charge in or around West Chester, Pennsylvania, contact our criminal defense legal team at the Strand Law Offices, LLC . We have more than two decades of experience in defending the rights of clients facing trial for alleged crimes of all manner. We will use our knowledge and experience to represent you and fight for the best possible outcome. We also proudly serve clients in Lancaster County and surrounding counties throughout Pennsylvania. Understanding the Criminal Justice Process Everything begins with an arrest and you being hauled in for questioning. When authorities conduct an interrogation, they must inform you of your Miranda Rights. One part of this is the right to remain silent. The Miranda warning will inform you that “Anything you say can and will be used against you in a court of law.” Take those words to heart, and don’t answer any questions until you’ve exercised the next part of the Miranda warning, which is that you have a right to have legal counsel present. Obtain the services of a qualified criminal defense attorney before answering any questions other than confirming your identity. Be pleasant in your responses, but exercise your right to remain silent. Don’t give authorities any added evidence they can use against you. If you are charged with a crime, you will first go through a preliminary arraignment before a Magisterial District Judge. At this hearing, the judge will set bail, or if you are not believed to be a flight risk or a danger to others, you may be set free on your own recognizance. Otherwise, you will have to come up with money for the bail or obtain a bond from a bail bond company. If you’re deemed too great of a flight risk or a danger to others, you may be kept in jail awaiting trial. It is important to have your defense attorney present with you at the arraignment. Your attorney can argue for low or no bail. The next step is the preliminary hearing, at which the prosecution will press its case for a trial, and the District Judge will determine if the evidence warrants a trial. The prosecution may call witnesses to testify and provide other evidence. At this stage, your defense attorney can present motions to dismiss or have the charges reduced. They can also negotiate for a plea bargain with prosecutors to avoid a trial altogether. What Happens if the Charges Result in a Trial If it’s a jury trial – there are also “bench trials” with only a judge and no jury – the trial process begins with both the prosecution and defense questioning the jury pool. The goal is to figure out those who may be prejudiced against either the prosecution or the defense or who may have preconceived notions about the defendant. Once the jury has been selected, the prosecution will make an opening statement, followed by the defense with their opening statement. The prosecutors will then present their evidence and call their witnesses to testify. Your defense attorney will cross-examine the witnesses and also challenge the relevance or authenticity of any other evidence presented. Your defense attorney will get to present your case for acquittal by presenting evidence and calling witnesses to help establish your innocence. The prosecution will have a chance to cross-examine and challenge all evidence. When both sides have concluded their presentations, there will be closing arguments before the judge instructs the jury on applicable legal standards that they must observe in judging the evidence presented. The jury then deliberates.  Any verdict must be unanimous. If the jurors cannot agree on a verdict, the judge can declare a “hung jury.” A retrial may be scheduled, or prosecutors may drop the case. Put Experience in Your Corner Remember, your most important ally is an experienced criminal defense attorney, who can argue on your behalf for low or no bail, to have the charges reduced or dropped, or to arrange a plea bargain, avoiding trial. If matters end up in court, your attorney can cross-examine and challenge the prosecutors’ case. If you’re facing a criminal charge in or around West Chester, Pennsylvania, contact us at the Strand Law Offices, LLC, immediately. Our criminal defense team will work with you collaboratively to develop the optimal strategy aimed at securing the best result possible.
By Strand Law Offices, LLC 28 Aug, 2023
If it is your first time facing criminal charges, the criminal justice process in Pennsylvania may seem confusing and intimidating. The process is full of legal nuances, formalities, and intricacies you must be aware of to navigate your case effectively. Arraignment is one of the most critical—and also misunderstood—stages in the process. If you or someone you love has been charged with a crime, you need to know what to expect at your arraignment and how to prepare. Our criminal defense attorney at Strand Law Offices, LLC is here to help you make informed decisions about your case at every step of the process. We have offices in Lancaster and West Chester, Pennsylvania, but serve clients throughout Lancaster County and surrounding counties. What Happens at the Formal & Preliminary Arraignments? Pennsylvania’s criminal law recognizes two types of arraignment: preliminary and formal. The preliminary arraignment, which is usually referred to as a “first court appearance” in other states, should be held within 72 hours of the arrest.  The defendant is not questioned about the charges filed against them during the preliminary arraignment. Instead, the judge or magistrate provides the defendant with a copy of their criminal complaint, advises them of their rights (e.g., the right to legal counsel), and explains whether their offense is eligible for bail. The next step in the criminal justice process in Pennsylvania is the formal arraignment, which is usually held within a month or two months after the preliminary hearing, according to the official Pennsylvania government website. At the formal arraignment, the defendant is informed about the charges against them and asked to sign the paperwork to verify they understand the nature of the charges. The court will also inform the defendant about their ability to file pre-trial motions and request discovery. Keep in mind that certain pleadings to the court have deadlines. If the defendant does not file some motions within 30 days after the arraignment, they may lose their right to do so. After the formal arraignment, the defendant’s defense attorney will receive the discovery in the criminal case, which can be used by the accused and their attorney to discuss their appropriate next steps. It is very unlikely that charges against the defendant will be dropped or dismissed during the formal arraignment. Typically, judges do not have the authority to dismiss charges at arraignment hearings. However, sometimes it happens that the prosecution opts to drop charges before the arraignment. The most common reason for this is when the prosecutor finds evidence indicating that the defendant is not guilty of the crime. What Happens After the Arraignment? After a formal arraignment is complete, a pre-trial conference will be held where you will be given the opportunity to respond to the charges you are facing. There are three options for how to respond to the charges in Pennsylvania: You plead not guilty and start preparing for trial; You plead guilty and wait for sentencing; or You request a continuance of the conference. What happens next depends on your response. If you plead not guilty, your case will move into the pre-trial stage where the opposing parties must prepare for discovery, which is the formal process of exchanging evidence and information between the parties. If you plead guilty, the court will schedule your sentencing hearing where the judge will impose penalties against you. However, it is never advisable to plead guilty unless you have consulted with your attorney and they confirmed that entering this plea is your best option. Requesting continuance means that you want your pre-trial conference to be rescheduled. However, your request is likely to be rejected unless you can provide a compelling reason for rescheduling (e.g., incomplete discovery). Do I Need an Attorney for the Arraignment Process? Yes, it is wise to have an attorney represent you during the arraignment process and beyond. If you hire an attorney, you can rest assured that your rights will be protected before, during, and after the arraignment. Your criminal defense attorney can advise on how to behave during the arraignment and how to plead during the pre-trial conference. While pleading not guilty is often the best option for the defendant to fight the charges and avoid harsh penalties, in some situations, entering a guilty plea may actually result in a better outcome. Having an attorney advise you on your options and explain all possible outcomes is crucial when it comes to making a strategic decision. You may also need an attorney to convince the judge to reduce your bail or release you on your own recognizance. Overall, an attorney can assist you at every step of the criminal justice process, not just your arraignment, to ensure that your case is resolved in the best possible manner. If nothing else, having an attorney at your arraignment can put you at ease. Criminal Defense Attorney Prepared to Advocate for You As your legal advocate, the dedicated criminal defense attorney at Strand Law Offices, LLC can protect you in and out of court. Our attorney can use his 20 years of legal experience, connections in the criminal justice system, and effective negotiation skills to help you go after the best outcome possible. Reach out to our office in West Chester, Pennsylvania, to start working on your strong defense.
By Strand Law Offices, LLC 05 Jul, 2023
Studies show that the arrest rate in our state has steadily declined for the past 10 years with a total of 339,407 arrests in 2019, a 27% decrease from 2010, according to the Pennsylvania Commission of Crime and Delinquency.  Even so, it’s still a widely accepted fact that there are simply far too many people being convicted of low-level crimes and facing lasting negative consequences because of this. Perhaps one of the most insidious of these effects is that the crime remains on your permanent record, which affects your life long after you have served your time and paid your dues. However, recent changes made by the Pennsylvania General Assembly surrounding having your records sealed have led to a positive shift. For more information and to speak with a criminal defense attorney about your case and how this could affect you, call us at Strand Law Offices, LLC . We’re located in West Chester, Pennsylvania, and can help those in Lancaster County and surrounding counties throughout Pennsylvania. What Is Pennsylvania’s Clean Slate Law? Pennsylvania's Clean Slate Law is a landmark piece of legislation passed in 2018—the first of its kind in the nation—that seals criminal records for certain individuals who had convictions in their past. The law affects those who have been convicted of lower-level, nonviolent misdemeanor crimes and have stayed crime-free for the last 10 years by allowing them to request that their record be sealed from public view. The Clean Slate Law also automatically seals records for those who’ve remained crime-free for 10 years and were convicted of second- or third-degree misdemeanors or those whose trials resulted in a non-conviction. Importantly, sealing a case is different from the act of expungement, though both may have the same benefits: Sealing: When a case is sealed, it is hidden from public view meaning when someone such as a potential employer or landlord runs a background check on you, it will not show up. That said, the record still exists and is viewable for certain parties, namely those in law enforcement. Expungement: When a record is expunged, it is completely erased as if it never existed. An expunged record won’t show up for the public or for law enforcement. What Changes Were Recently Made? One of the main requirements to have your record sealed under the original Clean Slate Law was that you had to have paid all your court-ordered financial obligations first. However, this provision was widely criticized since it essentially barred the majority of candidates from getting a fresh start simply because they were unable to pay their fines. To address this, the Pennsylvania General Assembly unanimously passed House Bill 440 in 2020. This bill amends the Clean Slate Law to say that these unpaid court-ordered debts will no longer be considered when sealing a record, paving the way for literally millions of cases to now be sealed. Studies show that half of all past misdemeanor charges in Pennsylvania that would have otherwise been sealed have not been eligible due to the requirement to pay court fees. In many cases, these fees are only a few hundred dollars, but when the overwhelming majority of those who owe debt are impoverished or unemployed, even this small amount is an obstacle. Who Is Eligible? In general, to be eligible to have your record sealed under the new Clean Slate Law, you must meet the following criteria: Have been convicted of a non-violent misdemeanor crime that carried a sentence of no more than five years in prison (some first-degree misdemeanor crimes will make you ineligible, such as offenses against family, sexual offenses that required registration as a sex offender, and those involving firearms) Have been convicted of a summary offense (typically low-level offenses, sometimes referred to as “non-traffic citations” such as loitering, harassment, or disorderly conduct) You’ve been crime-free for the last 10 years, OR Your case was fully acquitted or pardoned (your records will be automatically sealed and you do not have to petition the courts) Many of these past convictions will now be automatically sealed and no action will be needed on your part. However, there are others where you may need to petition the court to seal under this law, and it’s here that a reputable criminal defense attorney can be extremely helpful. While this process is not terribly difficult, it is one that you want to do right , and by working with an experienced lawyer , you’ll have a trusted partner who can help you address any complications or questions that come up. Get in Touch With a Knowledgeable Attorney Today If you’re anywhere in the West Chester, Pennsylvania, area and feel your past criminal convictions may be eligible for sealing under the Clean Slate Law, reach out to our team at Strand Law Offices, LLC. We’ll help you to learn more and start working toward a brighter future you deserve.
By Strand Law Offices, LLC 12 Jun, 2023
Mental health disorders are quite common in the United States. According to the 2021 National Survey on Drug Use and Health , an estimated 57.8 million U.S. adults live with a mental illness. Unfortunately, a mental health issue can cause a person to act out violently, recklessly, or break the law. Hence, it is possible for someone with a mental health problem to commit a crime or break the law without any intention. If you or someone you know is under investigation for a crime in connection with their mental illness, retaining a knowledgeable Pennsylvania criminal defense attorney is crucial to help build your case. At Strand Law Offices, LLC, we provide comprehensive guidance and representation to individuals facing criminal charges due to their mental health issues.  As your legal team, we can assess all of the facts of your case and help craft a solid defense in pursuit of the most favorable outcome for your circumstances. Our firm proudly serves clients across West Chester, Lancaster County, and surrounding counties throughout Pennsylvania. Common Mental Health Disorders Mental health disorders include various mental health issues that affect the thinking, behavior, and emotions of a person. Here are some common health disorders that are often associated with individuals convicted of a crime: schizophrenia borderline personality disorder depression addiction and substance use disorder antisocial personality disorder anxiety disorders obsessive-compulsive disorder trauma psychosis autism Spectrum Disorder (ASD) mood disorder phobias post-Traumatic Stress Disorder (PTSD) bipolar disorder In addition, the symptoms of these mental health issues can occur in mild, moderate, or severe cases in patients. As such, it may prompt the person to act violently or commit a crime without remorse. An experienced lawyer can evaluate every aspect of your case and explore the possibility of using mental health as a legal defense in your case. Mental Health as a Defense In the Commonwealth of Pennsylvania, the legal insanity defense is an affirmative defense which an attorney may use in a criminal case. According to the M'Naghten rule, "The defendant is absolved of responsibility if, at the time of committing the act, due to a defect of reason or disease of mind, the accused either did not know the nature and quality of his [or her] act or did not know that the act was wrong." From the above statute, in order to prove insanity defense, the defendant's attorney must show that the accused person's state of mind caused them to: be unaware of what they were doing when they committed the act. be unaware that their actions were wrong or can't differentiate between right and wrong. Furthermore, mental health defenses can be categorized into competency and criminal responsibility. Competency Competency can be described as a legal defense that is focused on the defendant's mental limitations at the present time. In the Commonwealth of Pennsylvania, a defendant that is incompetent to participate in the legal process cannot be prosecuted. Rather, the court will refer the defendant to a mental health facility for treatment. However, their case may resume if they recover or regain competency with treatment. Criminal Responsibility Criminal responsibility can be described as an affirmative legal defense that is focused on the defendant's mental health when the crime or act was committed. In order to prove criminal responsibility, the defendant's attorney must provide significant evidence and facts, including health records of persistent or episodic mental health illness. Proving Mental Health Claims Additionally, to establish insanity defense or mental health as a defense in Pennsylvania, the defense lawyer must prove that: the defendant was unable to differentiate right from wrong when they committed the act. the defendant did not understand the moral nature of the act due to their mental illness. the defendant cannot understand the legal process. A reliable criminal defense lawyer can gather factual evidence to establish your insanity defense and represent you intelligently at every phase of the legal process. Sentencing and Rights of Prisoners With Mental Health Disorders According to Pennsylvania law, a defendant who is severely mentally disabled and requires treatment shall receive mental health treatment – provided by the Department of Corrections – that is consistent with the available resources. The state shall cover the cost of the defendant's treatments. In addition, if the defendant is discharged before their maximum sentence expires, the treatment facility shall provide a report of their condition to the Pennsylvania Parole Board, county jail, or correctional facility. What's more, the report should include the defendant's behavior, course of treatment, potential for recurrence, and recommendations for potential treatment. Also, the board will determine the conditions for parole or probation, and this may include psychological and psychiatric counseling. You Deserve a Strong Defense. Contact Our Attorney Today A mental illness can prompt you to become passionate, violent, break the law, or commit a crime. Thankfully, you may be able to establish mental health as a legal defense to prove your innocence, receive a lenient penalty, alternative sentencing , or get your case dismissed. However, proving mental health can be very difficult, but not impossible. With over 20 years of broad experience, we have the diligence and resources to help individuals with mental health disorders facing criminal charges. Our attorney can investigate your case details and outline a strategic plan to establish mental health claim as a legal defense during trial. Above all, we will represent you aggressively, fight for your rights, and ensure that you do not suffer severe consequences for your otherwise inadvertent actions. Contact us at Strand Law Offices, LLC, today to arrange a case evaluation with a strategic criminal defense attorney. We proudly serve clients across West Chester, Lancaster County, and surrounding counties throughout Pennsylvania.
By Strand Law Offices, LLC 08 May, 2023
Facing shoplifting charges can be a confusing and often overwhelming experience. Folks dealing with retail theft charges must know what to expect as Pennsylvania authorities strive to pursue offenders. According to 2022 numbers from the Pennsylvania State Police, there were over 150,000 reported theft cases, including shoplifting. That is why charged individuals must understand their rights and options to get a fair defense.  At the Strand Law Offices, LLC , we take a straight-forward approach. We present our clients with the pros and cons of their cases so they can make the best decisions. We understand our clients are the captain of their ships. So, we put our two decades of experience at the service of the West Chester, Pennsylvania, community. We proudly serve the people of Lancaster County and surrounding counties throughout Pennsylvania. Take your first steps towards protecting your right to a fair defense, and reach out today . Shoplifting Charges Under Pennsylvania Law Shoplifting refers to the act of taking merchandise from a retail store without paying for it or without the intention of paying for it. Shoplifting is considered a form of theft under Pennsylvania law. Consequently, individuals charged with shoplifting can expect the prosecution to seek the maximum sentence as allowed by law. The following situations highlight examples of shoplifting in Pennsylvania: concealing merchandise in a bag, pocket, or clothing swapping price tags or labels on merchandise to pay a lower price removing security tags or sensors from the merchandise eating or drinking food items in the store without paying for them returning items for a refund that were not actually purchased attempting to leave the store without paying for merchandise at the checkout While some of these situations may result from an honest accident, it is always important to consult with a professional criminal defense attorney to determine the charged individual’s defenses to shoplifting charges. Classification of Shoplifting Charges in Pennsylvania In Pennsylvania, shoplifting charges can be classified based on the value of the stolen merchandise and the defendant’s criminal history. Here are the three main classifications of shoplifting charges in Pennsylvania: Summary Offense. If the value of the stolen merchandise is less than $150 and the defendant has no prior criminal record, shoplifting is considered a summary offense. This classification is the least serious type of offense in Pennsylvania. It is punishable by a fine and/or community service. Misdemeanor. If the value of the stolen merchandise is between $150 and $2,000, or the defendant has a prior criminal record, shoplifting is considered a misdemeanor. Misdemeanor shoplifting charges can range from a second-degree misdemeanor to a first-degree misdemeanor, depending on the case’s specific circumstances. Penalties for misdemeanor shoplifting can include fines, restitution, and imprisonment for up to five years. Felony. If the value of the stolen merchandise is over $2,000 or if the defendant has a prior record of theft-related offenses, shoplifting is considered a felony. Felony shoplifting charges can range from a third-degree felony to a first-degree felony, depending on the value of the stolen merchandise and the defendant’s criminal history. Penalties for felony shoplifting can include fines, restitution, and imprisonment for up to 20 years. An experienced criminal defense attorney can help charged individuals by working with prosecutors to set the appropriate charges or even dismiss them in cases of honest mistakes. Possible Penalties for Shoplifting Charges in Pennsylvania The penalties for shoplifting charges in Pennsylvania can vary depending on the case’s specific circumstances, including the value of the stolen merchandise and the defendant’s criminal history. The following are possible penalties charged individuals may face in Pennsylvania: Fines. Charged individuals may be required to pay fines as part of their punishment for shoplifting. The fine amount can vary depending on the value of the stolen merchandise and the classification of the offense. Restitution. A charged person may be required to pay restitution to the store or the victim of the theft for any damages or losses incurred as a result of the shoplifting. Community Service. Individuals may be required to perform a certain number of hours of community service as part of their sentence for shoplifting. Probation. An individual may be placed on probation for a period of time, during which they must comply with certain conditions, such as regular check-ins with a probation officer and avoiding any further criminal activity. Imprisonment. Charged folks may be sentenced to a period of imprisonment for shoplifting, especially for more serious offenses or repeat offenders. It’s important to note that the specific penalties for shoplifting charges in Pennsylvania can vary widely depending on the facts of the case. An experienced criminal defense attorney can help charged individuals understand their legal options and potential consequences. Common Defenses to Shoplifting Charges in Pennsylvania There are several common defenses to shoplifting charges in Pennsylvania. The most common defenses to shoplifting include the following: Lack of intent . Shoplifting requires the intent to take merchandise without paying for it or without the intention of paying for it. If the charged individual can prove that they did not intend to steal the merchandise, they may be able to avoid a conviction. Mistaken identity . This defense involves the charged individual proving they were mistaken for another person. Mistaken identity may occur due to similar names, social security numbers, or physical appearance. False accusations . Sometimes, store employees or security personnel may falsely accuse someone of shoplifting. While the reasons why a store employee may falsely accuse a person of theft may vary, charged individuals can use this defense to clear their names. Coerced confession . If the defendant was coerced into confessing to shoplifting, their confession might be inadmissible in court. In general, a security guard may intimidate or pressure an individual to admit their fault, making their confession inadmissible. Illegal search and seizure . If the store or law enforcement officers violated the charged individual’s rights by conducting an illegal search or seizure, any evidence obtained as a result of that search might be inadmissible in court. For instance, breaking into the charged individual’s car to retrieve stolen merchandise may constitute illegal search and seizure. Lack of evidence . Lack of evidence involves not having the means to prove the theft actually occurred. For instance, if security guards or law enforcement officers cannot find the stolen merchandise, the charged individual can allege insufficient evidence as a defense. A good rule of thumb is to work with an experienced criminal defense attorney who can advise charged individuals on their best options. A top criminal defense attorney can work with prosecutors to prove the facts of the case, helping charged individuals protect their right to a fair defense. Protect Your Right to a Fair Defense At the Strand Law Offices, LLC, we go all out to protect your right to a fair defense. Call today to work with a criminal defense attorney that knows what it takes to find the best possible defense for your case and circumstances.
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