What Happens If You Are Charged With Assault While on Probation
Probation helps individuals to avoid spending time in jail with an opportunity to live everyday life without confrontation. However, if you are charged with assault, you may have violated your probation. With the possible hardship coming your way, you need a Philly criminal defense attorney from the Brennan Law Offices to defend your rights in the pending case.
When to Contact a Lawyer
Once the courts have ruled on the order of probation in your case, the conditions of your agreement are explained immediately after the hearing. Any failure to follow those guidelines will result in possible jail time. Still, individuals get themselves arrested and charged with assault while on probation.
After being charged with assault that violates your probation agreement, you should immediately contact an experienced Philadelphia assault lawyer. They understand the consequences you will be facing following your arrest. Their knowledge can guide you through the Philadelphia legal system process and construct a solid defense for your actions. But you must first report the assault charge to your probation officer within 48 hours after your release from custody. If you fail to contact the proper authorities, you could face additional charges of probation violation.
After paying bail and being released from holding, your attorney will begin investigating the incident. The results will provide a basis for your defense in the upcoming trial. The findings of their investigation could show a claim of self-defense, mistaken identity or false allegations by the accuser. Each will raise a strong case for the dismissal of the assault charge and reinstatement of your original probation agreement without delay.
What is Next After Being Charged With Assault While on Probation
Once you are accused of violating your probation, a hearing will be set to contest those allegations. A probation violation hearing differs from a criminal trial as the case will be heard in front of a judge and not a jury. A prosecutor must prove that you have violated the guidelines of your probation agreement. Usually, your attorney handling your assault charges can represent you at the probation violation hearing. They can gather witnesses to testify on your behalf.
What happens next is at the court’s discretion. A judge will look at all the factors pertaining to your case before making a final ruling. Do not get disheartened if the courts are not lenient with their sentencing. The seriousness of the crime will determine if your probation will get revoked and you begin serving your original sentence.
Contact a Professional
Facing a criminal charge that potentially violates your probation can become a stressful situation for all. No person should take on the Philadelphia legal system alone. At the Brennan Law Offices, we are proactive advocates for our clients. Our staff of Philly criminal defense attorneys understands the process can be intimidating and confusing. We will gather enough evidence to defend your rights in the courtroom. Contact us and schedule an appointment today.
Read MoreCommon Blue Collar Crimes In Philadelphia
Trying to find a criminal defense team that understands the different degrees of crimes, fines, and sentencing is essential if you have recently been charged with a standard blue-collar crime. The term blue-collar crime refers to those instances where there is physical harm and property damage involved in the charge. Below are the most common blue-collar crimes in Philadelphia.
DUI Offenses
The most common blue-collar crime in Philadelphia is DUI offenses and being intoxicated in public. DUIs can be costly and could spend time in prison if there are multiple attempts. DUI offenses can be managed with the right assistance and criminal lawyers are familiar with the sentencing and fines that come with these charges.
Selling and Possession of Drugs
Selling or possessing drugs is very common among blue-collar crimes in Philadelphia. How these charges are filed will depend on the number of drugs that you have in your possession at the time of the arrest and if you intended to distribute these are not. With the help of a criminal lawyer, you have a valuable resource that understands the different fines and charges and can help you navigate the situation.
Assault and Physical Altercations
Many blue-collar crimes surround assaults, fights, and physical altercations in public. These assaults can also be domestic disputes at home or an argument in a bar or sports arena that escalate into physical violence. If you have been accused of putting your hands on another individual, depending on who hit first, the damage caused by the attack can impact how you are charged. These charges can sometimes range up to attempted murder if the courts believe your intent was to continue harming them.
Burglary and Petty Theft
Breaking into cars or stealing from another individual is also a common blue-collar crime that happens throughout Philadelphia. These thefts include stealing directly from a person, breaking into a car, or breaking and entering a private home or business with the intent of stealing items within. Depending on how many similar charges a person has, these theft charges can range from a misdemeanor.
Sex Crimes
Some of the more common crimes are sex crimes, which include harassment, assault, and rape. Charges for these types of crimes start at a third-degree misdemeanor all the way to a first-degree felony that could land you a 20-year sentence plus fines.
Get A Criminal Defense Lawyer Today
If you have recently been charged with one of these aforementioned blue-collar crimes, you need access to the best criminal defense lawyer in Philadelphia today. Brennan Law Office is available to assist you with your needs. Contact us today for a consultation so that you can get the representation you deserve.
Read MoreClassifications of White Collar Crimes
White-collar crimes often do not receive as much media attention because they are non-violent and financially motivated. People investigated for committing white-collar crimes are often powerful executives. However, white-collar crimes are becoming increasingly more complex due to recent technological advancements. Here’s a thorough breakdown of white-collar crimes and their classification:
Classification
Generally, white-collar crimes are classified based on individual crimes and corporate crimes. Money laundering and employee insider trading are common examples of corporate white-collar crime. Individual white-collar crimes are orchestrated by one person. Ponzi schemes, computer hacking, and identity theft are common examples of individual white-collar crimes. Brennan Law Offices will represent you if you need a white-collar crime attorney in Philadelphia.
Fraud
The most common white-collar crime is fraud. Today’s criminals often use multiple schemes to illegally obtain someone’s money. A common trick that criminals use is sending an invoice to someone for a lot of money in exchange for something. The criminal retains the money but fails to do what they promised.
Ponzi Scheme
Ponzi schemes involve fraudulent investing. The scam artist contacts excited investors about the possibility of securing a significant return. The way the Ponzi scheme works is that the initial investors will receive a return based on the funds of new investors. Once the scam artist is unable to receive enough new investments to pay off the older investors, the scheme folds. Most of the investors end up sustaining huge losses.
Identity Theft
Millions of people are impacted by identity theft every year. Hackers can gain sensitive information to impersonate someone else.
Insider Trading
Insider trading commonly involves employees learning confidential information that gives them an unfair advantage when investing in different financial markets. Employees commonly use insider trading to secure a larger return on their investment than anticipated.
Money Laundering
Money laundering involves criminals who manipulate potentially millions of dollars by funneling the money through multiple bank accounts and legitimate financial streams. By mixing the fraudulent money with legit revenue, the criminals can deny committing a crime.
Embezzlement
Embezzlement involves employees withdrawing money illegally or even transferring money from a company account into their accounts.
How Brennan Law Office Can Assist You
If you are researching for a white-collar crime attorney in Philadelphia to represent you, contact Brennan Law Office immediately. We will represent you and make sure that you receive the appropriate due process. Due to the sophistication of these allegations, you need representation that you can trust. The experienced lawyers here at Brennan Law Office will provide thorough advice regarding your options to ensure that you are informed throughout the entire legal process.
Read MoreFederal Weapons Charges In Pennsylvania
Pennsylvania is no stranger to federal weapons charges, especially in larger cities like Philadelphia. It is essential to understand these different firearm charges and how a criminal lawyer can help with them.
What Makes A Weapons Charge Federal?
If a weapons charge becomes federal this means that the weapons were transported through at least two states and cannot be tried at the state level. When it is unable to be tried at the state level, it must go through the federal court system, making the charges federal. If a person is found guilty of federal charges, they will need to serve time in federal prison.
Types of Federal Weapons Charges
Below are the most common federal weapons charges.
- Carrying a firearm without a license
- Possession of a firearm by someone prohibited to carry such weapons
- Carrying an illegal firearm or Prohibitive Offense Weapon
- Intend to sell or distribute numerous firearms
To have a concealed weapon in most states, you must have a license to carry it. Some individuals are not permitted to have a firearm under any circumstance due to previous charges and sentences. If you are found in possession of a firearm that you are not legally able to have or do not have a license for, then you could face federal charges.
What Type of Charges Can You Face?
When you are faced with federal weapons charges, the type of charges you face will vary based on the type of charge and how many offenses you had before the charge. They can range in the following:
- Misdemeanor of the First Degree
- Felony 3
- Felony 2
- Felony 1
The maximum sentencing varies depending on the charge: five years for the misdemeanor, seven years for felony 3, ten years for felony 2, and twenty years for felony 1. This doesn’t mean each charge will carry the maximum sentencing, but if you have multiple charges in the same case, those years could add up to more than you expected.
Choose A Legal Team With Knowledge and Experience
Before hiring a lawyer for your case, you need to make sure that the lawyer you hire knows federal and state weapons charges. They need to also be fully aware of their rights as a citizen when it comes to the Second Amendment. Also, choose a lawyer that has experience representing clients with federal weapons charges and understands how to present your case and best represent you to the jury.
Contact Philadelphia Criminal Law Today
If you are looking for a Pennsylvania criminal defense attorney to represent you or a loved one on federal weapons charges, contact our office today for more information and a consultation.
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Understanding Burglary Laws in Philadelphia
Burglary is a serious charge that can carry harsh penalties, including jail time and stiff fines. The laws in Philadelphia can be complex and confusing, but with the help of an experienced criminal defense lawyer, you can understand your options and fight for a positive outcome
What Is Burglary In Philadelphia?
Burglary is a complex offense with many different components. In order to understand burglary and the charges that accompany it, it is important to know what each element of the offense means. Burglary is defined by Philadelphia law as committing a theft or felony, an attempt to commit either of those crimes or an intent to commit theft or felony in an occupied structure.
When most people think of burglary, they think of someone breaking into someone else’s home and stealing their belongings. While this is certainly one component of burglary, it is not the only component. Burglary also involves entering an occupied structure without permission.
Penalties For Burglary In Philadelphia
In Philadelphia, burglary has significant penalties, ranging from large financial costs to spending up to 20 years in prison depending on the severity of the crime. Generally, the courts use the degree of force used to break into a person’s house or vehicle in determining whether it is a misdemeanor or felony burglary.
In addition, a burglary conviction can have a long-lasting impact on your future, including limiting your ability to obtain a job or get into college.
How To Defend Against A Criminal Burglary Charge In Philadelphia
Dealing with an accusation of burglary in Philadelphia can be a difficult and intimidating experience. Some common defenses include reasonable doubt that you were the burglar, lack of intent to steal, and/or insufficient evidence. Reasonable doubt can be used if there were other suspects or there was no one at the scene who witnessed you enter the building.
A defense attorney may also argue that while you may have entered a certain area, you had no intent to steal anything and therefore did not commit burglary. Lastly, if evidence was obtained unlawfully by police, it should be excluded from your case. This could include an unlawful search and seizure, violation of your Miranda rights, or other forms of police misconduct. If you think that any of these defenses could apply to you in your burglary case, be sure to meet with a criminal defense attorney as soon as possible.
It is important to understand your rights and what they mean under local criminal law if you are facing criminal charges of burglary. Be sure to contact Brennan Law, one of the top criminal law firms in Philadelphia, to discuss your case and learn more about what to expect as you navigate the criminal justice system.
Read MoreWhat Industries are at Risk for White Collar Crime?
White-collar crime is when fraud is committed within an institution, usually a financial entity. Criminals of white-collar crimes make credit unions, banks, and other financial institutions their primary targets. Unsuspecting may become victims of white-collar crime when personal data and accounts are compromised. Another form of white-collar crime involves misapplication and embezzlement of a business’ funds. If you are involved in a white-collar crime, you need assistance from the best white-collar crime attorney.
What Defines a White Collar Crime?
A white-collar crime is a crime that corrupts the public, typically not violent. Some types of white-collar crime include mortgage fraud, money laundering, health care, and securities fraud.
Edwin Sutherland, an American criminologist, first coined the term “white-collar crime” in 1939. It got its name because of the perpetrator’s attire, mostly politicians, high-ranking professionals, and businesspeople. However, white-collar crimes have ceased being in an exclusive group since Sutherland’s statement.
What are the Different Types of White Collar Crime?
There is a wide variety of types of white-collar crime that are committed. These crimes include the following:
- Internet crimes
- Securities and/ or tax violations
- Mortgage fraud
- Employment Theft
- Fraud against health insurance or Medicaid
- Money laundering
- Bank fraud
- SEC violations
- Bank robbery
- Identity theft
- Immigration violations
The bottom line with a white-collar crime is the criminal is aiming for financial gain through fraud and deceit. Attempts to get at another’s money or assets are the motivation behind the white-collar crime. Although white-collar crime is not as violent as common street crimes, it has a greater impact on the economy.
Contact a Professional for the Next Step
If you believe you are involved in a white-collar crime, you will need assistance from the best white-collar crime attorney. Get in touch with the legal professionals at the Brennan Law Office.
When you have the best white-collar crime attorney to back your claim you can be confident the right steps are taken. You need the Brennan Law Office on your side.
Contact the Brennan Law Office at 215-568-1400. Call us today and schedule a free consultation appointment and learn how we can help.
Read MoreWays to Identify If You Need A Lawyer Specializing In Parole
A parole attorney specializes in every step of the parole process. They can provide advice, appear at your parole hearing, and work with you after being released on parole. The knowledge and advice that a parole attorney offers is invaluable. Here are some ways a lawyer specializing in parole can help you.
Applying For Parole
The application process for parole is typically simple. Any inmate can get a parole application from their case manager. After getting the application, a parole attorney can provide advice to help you have the best chance of getting a parole hearing. Your lawyer specializing in parole can come to fill out the application with you or provide advice over the phone to make sure that your application has a great chance of success.
Parole Hearing
At a parole hearing, several things will be discussed. These include your behavior in prison, previous criminal record, and more. The goal is to determine your likelihood of being a repeat offender. Parole hearings tend to go better with a lawyer specializing in parole present supporting you and advocating for you.
A parole attorney can come to a parole hearing with you, speak for you, and ensure you have a great chance of being released on parole. Parole attorneys know what is expected at a parole hearing and will always keep your best interests in mind.
In some states, parole is considered a privilege. Because of that, the parole board does not meet with the person applying for parole. This leads to incarcerated individuals not having a voice at parole hearings. A parole attorney will attend in your place to make sure your wants and needs are heard. Having a voice during that hearing can significantly increase someone’s chances of parole eligibility.
After Being Released On Parole
After being released on parole, having a parole attorney is still beneficial to protect you against breaching your parole. They can also advocate for parolees against allegations of a parole violation.
Some cases in which this is beneficial include if you’re hospitalized for any period of time. Hospitalizations may result in a missed meeting or drug test with your parole officer, which is considered a violation that can result in jail time. If you are falsely accused of a crime, a police officer will arrest and hold you until your parole officer agrees to you being released, which can be a few days. Hiring a lawyer specializing in parole can help you avoid such situations.
In Conclusion
When you or your loved one works with a parole attorney, you need someone in your corner fighting with you every step of the way. A high quality lawyer who specializes in parole can change the outcome of your parole hearing and improve your parole experience overall. Contact us to find criminal lawyers in Philadelphia today,
Read MoreUnderstanding The Difference Blue Collar & White Collar Crimes
Crimes can be separated into two general categories: blue collar and white collar. It’s often perceived that blue collar criminals are members of lower socioeconomic status while white collar criminals come from a higher class status. This general division is just the start of the differences between these two types of crimes. Here are some other ways they differ:
Money and Power
A white-collar crime requires financial power. They are committed by a professional or business individual with a high social and economic status, with a positive general vision that allows them to avoid the stigmatizing process of being seen as “a criminal”. White collar crimes like fraud and embezzlement are often a result of an abuse of power.
Blue collar crimes are crimes that don’t require access to large sums of money. These crimes often include assault, murder, armed robbery, and other stimigized crimes. They are often committed using a violent weapon, have a clear victim, and are far easier to identify.
Harmfulness
At face value, blue collar crimes are more violent acts because they inflict bodily harm against another individual. These crimes are often directed to one or two people. However, white collar crime can be equally as harmful and hurt entire groups of people. Because white collar crimes generally involve the transfer of resources, they cause significant monetary damages.
Media Coverage
White collar crimes are far less publically reported than blue collar crimes. Local and national news stations often cover blue collar crimes more immediately, causing the public to have a disproportionate view of how prevalent they are compared to white collar crimes. Blue collar crimes are also more straightforward to understand than white collar crimes, which can often take a significant amount of effort to unravel.
Conclusion
While these differences are not always cut and dry, it’s important to understand the basics of white and blue collar crime. If you have been caught in a white-collar crime, it is best to seek legal advice from a white collar crime attorney in Philadelphia. Our lawyers will discuss the details of your case and help you to put together the best defense. Consult a lawyer today.
Read MoreUnderstanding Your Rights As A Repeated Offender
Being arrested and charged with the same crime more than once does not limit or restrict your right to seek counsel and learn of your rights. You may feel that you are doomed, and there is no hope for your situation. That is not the case. You are still entitled to be represented by effective and qualified counsel for the charges you are charged with, and this includes repeated DUIs, theft, and assault.
Repeated DUI Penalties
When your back is against the wall, and you need a lawyer that knows the law, you need the experience and expertise of a renowned and respected Pennsylvania Criminal Defense Attorney, We take your case seriously. To us you are not another person, you are our person of interest. In 2018, the laws surrounding repeat DUI offenders changed from being a misdemeanor to a felony. This is due to the related number of DUI casualties.
What you need to know is that every state has its penal system for repeat offenders. In Pennsylvania, the laws are outlined, and unless you have a good attorney that knows how to interpret the law, your rights could be overlooked, and you could be overcharged. For the first DUI offense, you are looking at 60 to 90 days or two to three months, with fines up to $500. The penalty for a second DUI offense is at least three months or 90 days, and a $1,000 fine. A person found guilty of a third DUI offense can get six months or 180 days in jail, and a fine of $2,500.
If another DUI is repeated within 10 years, the defendant is looking at a felony charge which carries steeper charges. Most times, police stop drivers without probable cause, which in some cases can lead to a violation of the driver’s rights. After we represent your case in court and prove that you were a victim of a false report or unwarranted stop, our clients get these cases resolved.
Repeated Theft Penalties
Repeated theft offenders are punished under a value system. This is according to the value of the object or item the accused has supposedly taken. It is a third-degree felony for a third offense, for merchandise totaling $1,000 or more. If found guilty, a person could face up to seven years in prison and be fined $15,000.
Repeat Assault Penalties
There are several types of assaults in Pennsylvania a person can be charged with. Two of these are simple assault and aggravated assault. It is the state’s job to prove that an assault was intentional, or meant to inflict bodily harm. Penalties can be up to twenty years depending on the victim’s status, such as an officer.
If you are charged with a felony, or if you have repeated the same offense more than once, please contact our office today at (215) 568-1400. Do not take on your case alone. The laws in Pennsylvania change constantly, and one mistake could cause you the rest of your life.
Read MoreHow To Make Clients Feel Safe In Your Law Office During Their Case Discussion
Representing clients who are going through one of the worst times of their life is a huge responsibility that lawyers take seriously. Yet, it is also common to encounter clients who may be hesitant to talk about their case or who worry that something they say could be used against them. Helping your clients feel safe during their case discussion is as easy as using these strategies to develop a trusting relationship.
Establish Credibility
After being accused of a crime, it is common for a person to be unsure of who they can trust. Sharing that our team has over 25 years of experience in handling a diverse range of criminal cases that include domestic violence, drug charges, and parole violations helps people to rest assured that they are in competent hands.
Clients also tend to relax when they hear that we are certified in capital murder defense and are capable of practicing before the U.S. Supreme Court. Even if a client’s case isn’t expected to go that far, this information makes it clear that we are fully prepared to practice criminal defense in any court of law.
Explain Attorney-Client Privilege
Many people enjoy watching popular crime shows, yet some of the high drama scenarios depicted on the screen give people the wrong impression that a lawyer could turn on them at any moment. During an initial case discussion, the best criminal lawyers in Philadelphia take time to explain how attorney-client privilege protects their confidentiality.
While a lawyer may be obligated to share information about a crime that someone is planning, ones that are already suspected of being committed are protected under this understanding. Taking the time to thoroughly explain how this expectation of privacy works can help even the most reluctant client see that what they say in your office is protected information.
Encourage Questions
After explaining the essential information about your practice and attorney-client privilege, you’ll want to shift the conversation back to the client. Asking them if they have any things that could cause them to hesitate to tell you the truth gives them a chance to clear the air.
For instance, they might be worried about having private information leaked in a follow-up email, which gives you the chance to discuss your best practices for electronic communication. Or, your client may also worry about having a paralegal hear their discussion, and you can use this question to go over how attorney-client privilege covers other people who work in your office.
Express Empathy and Compassion
As a final note, lawyers are often depicted as being tense or aggressive in the media, which leads clients to believe that this is how you’ll react in your office as well. Make sure to keep your voice tone low and even, and remember to watch your body language.
Practicing active listening by nodding your head and leaning slightly towards your client helps them to know they are being heard, and keeping your facial expressions neutral or empathetic helps them to keep sharing without feeling judged.
Find Support for Your Criminal Case Today
Have you struggled with the prospect of meeting with a lawyer? Reach out to our team to start working with a supportive criminal defense attorney who cares about making sure that you receive strong representation in court.
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