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Chaos must be controlled in order for a human group to thrive: it's a lesson evidenced in today's Survivor television show, as well as William Golding's Lord of the Flies, and in the ancient Babylonian Code of Hammurabi. Civilizations over time have streamlined and finessed how best to control the actions of the individual for the benefit of the group, evolving into today's form of government, and particularly, the method of punishment for those who fail to abide by the established norms -- i.e., those who commit crimes.

Criminal law is a collection of state and federal laws that define offensive actions, as well as regulate the apprehension, charging, trial, and punishment of the alleged offender. Both state and federal legislatures draft proposed criminal laws, which are then voted into law by the legislative body. Courts can also decide that certain activities are against the law, defining things to be crimes, as can municipalities, counties, and other governing bodies.

Criminal procedure is that component of criminal law that deals with the process of enforcing the laws that have defined what actions will be considered a crime, as well as the scope of punishment applicable to that crime. The United States sets high standards for protecting the individual citizen through out the criminal law process: each citizen is presumed to be innocent of the charge; his guilt must be proven beyond a reasonable doubt; and his punishment cannot be cruel and unusual.

Crimes and Torts

Sometimes, the same activities that define a crime will also be the basis of a civil action, or tort. In these instances, the individual has not only broken the law and committed a crime, but he has injured the victim in a way that allows the victim and his family to seek monetary damages against him, in a personal injury lawsuit in civil court. In this civil suit, the injured victim will be a party to the lawsuit seeking a judgment (the plaintiff); however, in the criminal case, he will be only a witness for the prosecution, as the government seeks to enforce the criminal law.

Types of Crimes

Criminal activity is divided into separate categories based upon its perceived severity, and different ranges of punishment are assessed within those categories - ranging from capital punishment ( e.g., death) for the most heinous crime to a minimal monetary fine for a minor infraction ( e.g., minor traffic violation).

Felonies are very serious crimes with a range of punishment usually involving an extended loss of freedom involving many years, to life imprisonment and even death. Extensive protections exist in the law regarding the criminal processing of a felony, beginning with the U.S. Constitution. The Fifth Amendment, for example, requires that all federal felonies begin with a formal indictment, where a grand jury must agree that the individual should be charged with the crime. The Sixth Amendment requires that the felony defendant receive a speedy trial as well as having the assistance of an attorney during the proceedings, and the U.S. Supreme Court has held that the Fifth Amendment right to not incriminate oneself extends to being given the now well-known "Miranda warning." Miranda v. Arizona, 384 U.S. 436 (1966).

Misdemeanors are minor crimes with a punishment ranging from a small fine to a loss of freedom of one year (or less). In some states, traffic law infractions are categorized as "violations" instead of misdemeanors, and segregated to special traffic courts.

Punishment for Crimes

Punishment for crimes varies from state to state; nevertheless, all jurisdictions can take an individual's freedom as well as his property if he is proven guilty of a crime. Incarceration can be in prison or in jail, and at times, it can be solitary confinement. House arrest is a form of incarceration that is becoming more popular in many areas of the country due to the technological advances of ankle monitors, etc. Fines can be imposed as specific monetary amounts, and the individual's property can be taken and sold to meet the fine.

Defenses

Perhaps the best criminal defense is provided by the prosecutor who fails to meet the state's burden of proof: if the properly-admitted evidence does not meet the high burden of establishing the defendant's guilt "beyond a reasonable doubt," then the case must be dismissed. The case can also end if the defendant can establish one of several defenses defined in state or federal law.

Defenses to Legal Capacity

Legal incapacity can be shown, for example, if the defendant is a minor (infancy) or mentally incompetent. Children are not held legally responsible for their actions until they are old enough to comprehend the difference between right and wrong as well as the consequences of their actions. Under the age of seven, a child is legally presumed not to be capable of committing a crime.

In Pennsylvania insanity can be used in some criminal cases. Mentally ill individuals are considered incapable of forming the necessary intent needed to commit a crime. In some situations Defendants who are otherwise sane may nevertheless have an insanity defense under such legal doctrines as "irresistible impulse," where even knowing the difference between right and wrong, the defendant cannot control his actions. Perhaps the most famous example of "irresistible impulse" occurred in the Otto Preminger movie, Anatomy of a Murder, where defense attorney Jimmy Stewart successfully used the defense to gain the freedom of defendant Lt. Fred Manion, played by Ben Gazzara.

Intoxication, as a general rule, is not a defense to a crime unless the defendant was involuntarily intoxicated. Involuntary intoxication under the law removes the intent element from the crime, in a manner similar to that of mental incapacity.

Defenses to Liability

Self-defense, or the defense of others, is a valid defense to a criminal charge - one must have taken the criminal action out of necessity. Other defenses to liability include entrapment, mistake, and duress.

Trends

The FBI's Annual Report, Crime in the United States ( http://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2010-crime-statistics), reveals that in 2009, there were almost 15 million crimes reported in the United States, with drug abuse offenses, driving under the influence, and property crimes ranking among the most common offenses. In 2010, preliminary numbers showed a decrease in both property crimes as well as violent crimes (murder, rape, assault).

Under federal law, "sentencing guidelines" were established in the 1980s as an attempt to insure that federal defendants across the country, accused of the same crime, would obtain similar punishment. In 2004, the U.S. Supreme Court called into question the constitutionality of these guidelines in the case of Blakely v. Washington, 542 US 296 (2004) ( http://www.law.cornell.edu/supct/html/02-1632.ZS.html), and thereafter ruled that the portion of the federal sentencing statute requiring federal judges to impose a sentence within the statute's Sentencing Range was unconstitutional -- as was a provision that prevented appellate courts from reviewing sentences that were imposed outside the guideline's ranges. U.S. v. Booker, 543 US 220 (2005).

In the aftermath of these two decisions, sentencing within the federal system as well as in various state systems are still being analyzed and restructured in accordance with the constitutional rulings of Blakely and Booker.

For More Information

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Chaos must be controlled in order for a human group to thrive: it's a lesson evidenced in today's Survivor television show, as well as William Golding's Lord of the Flies, and in the ancient Babylonian Code of Hammurabi.

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Criminal law is "[t]he body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders." Criminal Law, Black's Law Dictionary (11th ed. 2019). It is a multi-faceted area of law, covering everything from arrests to trial to probation to expungement to everything in between.

The resources in this guide highlight sources available to Jenkins' members freely online, on member databases, or in the library. Onsite Lexis and Westlaw access is noted when available. Additional resources may also be useful and library users are encouraged to search the Jenkins' catalog. Visitors to Jenkins may also want to browse the shelves around call numbers KFP560 through KFP598. Primary source materials like statutes, court rules, and caselaw should also be consulted; see the PA Law guides for how to access primary source materials.

Criminal law practitioners may also be interested in the Evidence and Discovery, Pennsylvania Jury Practice, and Verdicts & Settlements research guides. A full list of research guides is available here.

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Criminal law is "[t]he body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders." Criminal Law, Black's Law Dictionary (11th ed. 2019).

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Three Reasons Why Criminal Charges Can Be Dropped

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Three Reasons Why Criminal Charges Can Be Dropped

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Three Reasons Why Criminal Charges Can Be Dropped

Criminal Law is not "As Seen on TV!" Criminal trials on TV or in the movies are often inaccurately represented and highly sensationalized. If you are facing criminal charges, there may never be a trail that actually leads to you. In fact, in 2017, a total of 10,715 criminal charges were (6.1%) in the state of Pennsylvania.

Why were the charges dismissed? Before a criminal case goes to trial, it must pass a preliminary hearing. During this hearing, the prosecution must prove that they have the ability to build a case. Criminal charges can be dropped by the prosecutor or judge due to:

1. The Introduction of New Evidence

2. Insufficient Resources

3. Inadmissible or Lost Evidence

1. Introduction of New Evidence
If you are facing criminal charges, the introduction of new evidence can work in your favor. If newly submitted evidence proves your innocence, the criminal charges will be dropped. Prosecutors don't waste time on cases where the evidence works against them.

Evidence that can get a case dismissed includes:

It's up to the prosecutor to gather evidence to build an ironclad case and not all proof works in their favor.
2. Insufficient Resources
For some first-time non-violent offenders, there are situations where prosecutors choose to drop criminal charges. Why? Many prosecutors don't have the resources to take every case to trial. If you are facing misdemeanor charges and the prosecutor needs to focus on a felony case, your charges could ultimately be dropped.
3. Inadmissible or Lost Evidence
The one thing that courtroom dramas do get right is that you are innocent until proven guilty. Prosecutors build their case on evidence collected during the criminal investigation. There are several reasons why problems with evidence can lead to a dismissal, such as:

A key witness refuses to testify

Evidence is lost or destroyed

Documents are proven to be fake or signatures forged

If a prosecutor doesn't have the evidence to prove you committed the crime "beyond a reasonable doubt," there's no choice except to dismiss the case.
Please Note: Victims Cannot Drop Criminal Charges
Contrary to popular belief, victims cannot "drop the charges." While it makes for a dramatic on-screen moment, criminal charges are only dismissed under certain circumstances. Victims report a crime and prosecutors file charges. If you or a loved one are facing criminal charges, it's important to remember that an arrest doesn't always result in prosecution.

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Three Reasons Why Criminal Charges Can Be Dropped

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Three Reasons Why Criminal Charges Can Be Dropped Criminal Law is not "As Seen on TV!" Criminal trials on TV or in the movies are often inaccurately represented and highly sensationalized. If you are facing criminal charges, there may never be a trail that actually leads to you.

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Drivers should understand what behaviors could contribute to reckless driving charges. Our attorneys help drivers who are facing reckless driving charges to defend themselves and protect their licenses. Reckless Driving: What to Expect if You're Facing Charges
We all have days where we're running late for work or an important appointment, and we hit the gas just a little too fast, or we weave in and out of traffic lanes in an effort to beat the cars ahead of us. We bend the rules of the road just a little bit in an attempt to get to our destinations just a little faster. It may seem like no big deal, but in some cases, this can be considered reckless driving, and if you are caught and charged, you could be facing penalties that may make it even harder to get to places on time.
Defining Reckless Driving
In Pennsylvania, Section 3736 of the driving code labels a reckless driver as anyone who "drives...in willful or wanton disregard for the safety of persons or property." This is a broad description that encompasses any number of driving behaviors, so it's important to understand exactly what you were doing if you are pulled over for reckless driving.

Reckless driving can include any one of the following actions, or a combination of them:

Traveling at high speeds

Disobeying traffic signals or signs

Failing to yield to other drivers on the road

Driving while under the influence of drugs or alcohol

Making illegal U-turns or performing other illegal moves

Driving without a valid driver's license

Many people confuse reckless driving with careless driving, but these are two different offenses under Pennsylvania's driving laws. A careless driver is someone who has a "careless disregard" for the safety of those around him, such as someone who falls asleep at the wheel, or someone who doesn't look behind him before backing up.

In contrast, reckless driving involves the willful disregard for safety, such as those drivers who bend the rules because they're late or disregard them entirely.
Penalties for Reckless Driving
If you are pulled over for reckless driving, this is considered a summary offense in the state. Your conviction comes with a $200 fine, and you may also face a 6-month period of license suspension. If you were caught driving recklessly in a work zone or emergency zone, your $200 fine could jump to $400 and you may even face jail time.

These penalties are more severe if your actions cause damage to another person or property. If you have injured someone through your reckless driving, you could be forced to pay $1,000 in fines, and you will spend a minimum of 90 days behind bars. If your reckless behavior leads to someone's death, your fines increase to $25,000, and you will be in jail for at least a year. On top of reckless driving, you could also face charges for vehicular manslaughter.

Reckless driving also leads to points accumulating on your license, and these points are not easy to remove. Any traffic violation results in points against you, and with enough points, your license could be suspended or even revoked for a set period of time.

If you are facing reckless driving charges, it's important to work with an experienced attorney right away to ensure that you don't lose your ability to drive. Contact a local attorney today to discuss your case.

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Reckless Driving Penalties. Rudinski, Orso, and Lynch, Williamsport - Directory of companies Cataloxy.us

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Drivers should understand what behaviors could contribute to reckless driving charges. Our attorneys help drivers who are facing reckless driving charges to defend themselves and protect their licenses.

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339 N Market Street
Williamsport, PA 17701

Phone: 570-321-8090

http://www.williamsport.lawyer

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Pennsylvania Drunk and Drugged Driving Laws and Penalties

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Pennsylvania Drunk and Drugged Driving Laws and Penalties

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Learn about the penalties for a DUI conviction in Pennsylvania.

What are the penalties for a DUI in Pennsylvania?

Note: Pennsylvania has a series of penalty tiers, depending on the driver's BAC. The tiers are .08, .10 to .159%, and .16 or higher.

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing)

* Interlock Ignition Device

How much do you have to drink (BAC*) for a DUI in Pennsylvania?

Note: Pennsylvania has a series of penalty tiers, depending on the driver's BAC. The tiers are .08, .10 to .159%, and .16 or higher.

*BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What are the penalties if you refuse to take a chemical test in Pennsylvania?

Pennsylvania has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Pennsylvania's implied consent law.

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Pennsylvania?

No, a plea bargain for a conviction of " wet reckless" (reckless driving involving alcohol) is barred by statute in Pennsylvania.

What is an SSR-22?

An SR-22 is a form filed by your insurance company demonstrating that you meet certain insurance requirements. Only an insurance company can furnish the SR-22. Often the SR-22 need only meet your state's minium liability standards. In some cases, however, certain individuals may be subject to insurance coverage requirements that have higher limits and different coverage. To learn more, see Pennsylvania SR22 Insurance Requirement.

Drinking and Driving Laws in Pennsylvania

The State of Pennsylvania prohibits the operation of a motor vehicle by a driver with .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measurement used across the United States for the "impaired" driver. Pennsylvania has lower BAC limits for commercial drivers (.04 percent) and has a "zero tolerance" or .02 percent BAC for drivers under the age of 21. The Pennsylvania law also includes controlled substances such as marijuana, cocaine, inhalants and other intoxicants.

How many drinks does it take to reach the legal limit in Pennsylvania? Determining the number of drinks it will take for any individual to reach the .08 BAC limit depends on a number of factors. There are charts and calculators that can be used as a reference, however these tools do not take into account all variables in the BAC equation. It is safe to say that each drink you consume brings you that much closer to becoming a legally impaired driver.

The best answer is not to drink and drive. The State of Pennsylvania has strict laws for drunk driving, and when you drink and drive in Pennsylvania, you risk your freedom, finances and your future.

The first time you are arrested and convicted for drunk driving in the State of Pennsylvania you will receive 6 months probation and a $300 fine if your BAC was between .08-.99. If your BAC was from .10-.159 you will receive from 2 days-6 months in prison, a $500-$5,000 fine and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension. If your BAC was above .16 you will face between 3 days-6 months in prison, a fine from $1,000-$5,000 and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension.

The second time you are arrested and convicted for a DUI in the State of Pennsylvania you will receive 5 days -6 months in prison and a fine between $300- $2,500 if your BAC was between .08-.99. You will also receive a 12 month drivers license suspension. If your BAC was from .10-.159 you will receive from 30 days-6 months in prison, a $750-$5,000 fine and a 12 month drivers license suspension. If your BAC was above .16 you will face between 90 days-5 years in prison, a fine of $1,500 and a 18 month drivers license suspension. For all second and 3rd offenses you will be required to install an ignition interlock device on you vehicle for 1 year. You may also be ordered by the court to attend alcohol screening and rehabilitation.

The 3rd time you are arrested and convicted for a DUI in Pennsylvania you will receive 10 days -2 years in prison and a fine between $500- $5,000 if your BAC was between .08-.99. You will also receive a 12 month drivers license suspension. If your BAC was from .10-.159 you will receive from 90 days-5 years in prison, a $1,500-$10,000 fine and a 18 month drivers license suspension. If your BAC was above .16 you will face between 1-5 years in prison, a minimum fine of $2,500 and a 18 month drivers license suspension. For all second and 3rd offenses you will be required to install an ignition interlock device on you vehicle for 1 year. You may also be ordered by the court to attend alcohol screening and rehabilitation.

The Implied Consent Law in Pennsylvania

Pennsylvania has what is known as an "Implied Consent" law. This law means that all drivers on the roadways of Pennsylvania agree to submit to a chemical test of their blood, breath or urine if an officer of the law suspects that they are under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your drivers license will be suspended for 1 year on the first refusal. You are considered guilty of a DUI if you refuse a test and each time you refuse this test the penalty increases. Like many states, the refusal to submit to testing often brings on harsher penalties than an actual DUI.

Additional Information

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Pennsylvania DUI Laws, Fines and Penalties

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PA DUI Laws, Penalties and Fines - Pennsylvania First DUI Offense Fine From $300-$5,000 and Jail 2 Days-6 Months, Second DUI Offense Fine up to $5,000 and Jail up to..

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Drunk driving is illegal in every state, and is usually known as the crime of driving while intoxicated (DWI) or driving under the influence (DUI). In some states, different terms are used, for example "driving while impaired" or "operating while impaired." Pennsylvania refers to the offense as DUI, but recognizes offenses termed otherwise form other states and territories.

Regardless of the terminology, the crime is the same: it's drunk driving. Driving drunk can result in fines, the temporary or permanent loss of a driver's license, as well as jail time, higher insurance premiums, and civil responsibility for the physical harm to persons and property as a result of a car accident.

A Driver May Not Know That He Is Legally Drunk

Whether or not someone is legally driving drunk does not depend upon personal perception: the law will look to the driver's blood alcohol content (BAC) to determine whether or not he's legally impaired. Oftentimes, a driver does not feel drunk even though his BAC is over the legal limit.

Blood alcohol content is the amount of alcohol in the driver's blood at the time of testing. The old adage that some "hold their liquor" better than others is true: genetics and body fat percentage are two of the many factors that impact how well an individual's body tolerates and assimilates alcohol. Only by testing of the blood can an accurate assessment be made on an individual's blood alcohol content.

For this reason, drivers are routinely asked by police to take Breathalyzer tests when they have been pulled over for suspected drunk driving. In Pennsylvania, and most other states, if the blood-alcohol reading is 0.08% or higher, the driver is automatically in violation of the law and will be charged accordingly. At that BAC level, the driver is legally presumed to be intoxicated.

In many states, Pennsylvania included, drivers 21 years old or younger can be charged for driving drunk with a blood-alcohol reading as low as 0.02%. Many jurisdictions have enacted "zero-tolerance laws" and those under the age of 21 with any alcohol in their system are presumed to be intoxicated, driving under the influence, and are summarily arrested.

Defending Against A Drunk Driving Charge

Criminal defense attorneys heartily discourage their clients from voluntarily undergoing blood alcohol content testing, no matter how persuasive the police office might be at the time. This is true even if state law holds that a refusal to take the test will result in automatic suspension of one's license for a set period of months.

It is true that refusing a Breathalyzer test will not prevent a DUI arrest. Officers may also check for impairment using a variety of field sobriety tests -- such as reciting the alphabet or walking a straight line. However, these tests are much easier to defend against than the concrete BAC percentages revealed by the machine, and no defense attorney wants to fight against tested BAC percentages.

The Firm has considerable experience in these matters in Northumberland County, Snyder County, Union County, Montour County, Lycoming County, Clinton County, Tiaoga County, Bradford County, Lycoming County, and throughout the state.

For More Information

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Drunk driving is illegal in every state, and is usually known as the crime of driving while intoxicated (DWI) or driving under the influence (DUI). In some states, different terms are used, for example "driving while impaired" or "operating while impaired." Pennsylvania refers to the offense as DUI, but recognizes offenses termed otherwise form other states and territories.