Last updated 3 months ago
Most violations of the Motor Vehicle Code are summary offenses, which are regarded as minor offenses. These are initially heard and decided by a district justice, and common examples include speeding and running a red light. However, some traffic offenses are regarded as more serious and carry heavier penalties. Continue reading to learn more about different types of criminal traffic offenses.
DUI/DWI
Driving under the influence is a serious charge and different from many other traffic violations. This offense is considered a misdemeanor, and you can face jail time for even your first DUI conviction. Additionally, each DUI conviction you face results in more serious penalties, such as the loss of your driver’s license, significant fines, increased insurance requirements, and lengthier jail sentences.
Driving Under Suspension
When your license is suspended, revoked, or cancelled, you are not allowed to drive a motor vehicle on public roads. If you are found to be driving while your license is suspended, you may be convicted of a summary offense and owe a fine of $200. Additionally, if your driving privilege was suspended for certain violations, such as driving under the influence, you will face a higher fine and be sentenced to jail for 60 to 90 days.
Reckless Driving
A reckless driving charge involves driving a vehicle with a willful or wanton disregard for other people or property. If you are convicted of reckless driving, you will be guilty of a summary offense and will be charged a fine of up to $200.
Have you been charged with a criminal traffic offense? Contact the criminal defense lawyers at Kelly, Parker & Cohen LLP by calling (888) 482-1351. We have more than 50 years of combined litigation experience and will work hard to protect your rights. Our attorneys create client relationships based on personal attention and a high quality of service. You can find out more about our practice areas or our commitment to client satisfaction on our website.
Last updated 3 months ago
When you are dealing with the police, you are entitled to certain rights and protections. There are two key rights that are essential to understand: Miranda and search and seizure rights.
As this video explains, the police generally cannot conduct a search and seizure without a valid search warrant, a valid arrest warrant, or reasonable belief that a crime has been committed. This is true whether you are walking down the street, in your own home, or involved in a traffic stop. Miranda rights are equally important and give anyone in police custody the right to be advised against self-incrimination.
If a police officer violates your rights, any evidence linked to that violation generally cannot be used against you in a criminal case. At Kelly, Parker & Cohen LLP, our criminal defense lawyers understand your rights and will work hard to protect them. To schedule a consultation, call our Harrisburg office at (888) 482-1351.
Last updated 3 months ago
Immigration law is a complex field and there are a number of visas available depending on the unique circumstances of your situation. For some applicants seeking a non-immigrant visa, the dual intent doctrine will be an issue to address. Continue reading to learn more about this legal term and whether it may apply in your case.
What Dual Intent Is
As the name implies, there are two mental states involved with the dual intent doctrine and they seem to conflict at first glance. The term means that an individual is entering the United States for a temporary visit through a non-immigrant visa while simultaneously having the intent to immigrate to this country.
The History of the Doctrine
Prior to 1990, Immigration and Naturalization Services recognized the dual intent doctrine, but the State Department did not. This caused significant hardship on immigrants, but the Immigration Act of 1990 codified this doctrine.
How It Works
In order to comply with the dual intent doctrine, you must demonstrate each intention. Generally, you can demonstrate the necessary temporary intent by maintaining a residence abroad which you have no intention of abandoning. You will also be asked about your intentions in the country by a government agent at your port of entry.
When It Applies
Certain visitors are allowed to have this type of dual intent when entering the United States, but others are not. For example, the dual intent doctrine applies to people with H-1B visas, which are temporary work visas granted to those with special skills in demand among United States businesses. It is important to review your visa options and consult an immigration attorney if you intend to immigrate to the United States.
Immigration law is a complicated topic that is constantly evolving and involves extensive paperwork. To learn more about the dual intent doctrine and how it applies to your situation, contact Kelly, Parker & Cohen LLP. Call our Harrisburg office at (888) 482-1351 to schedule a consultation with an experienced immigration lawyer.
Last updated 3 months ago
Criminal and administrative legal matters can have large impacts on the livelihoods of you and your family. If you were charged with a crime or received a notice from the U.S. government about deportation proceedings, it is imperative to speak with an attorney as soon as possible. Here is a list of links where you can learn more about criminal procedure and the immigration process in the United States:
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The Obama Administration recently announced the creation of a Deferred Action for Childhood Arrivals program to benefit those who arrived in the United States as children. Visit this page from ImmigrationEquality.org to find out more.
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The Miranda rights exist to remind defendants of their constitutionally protected rights to remain silent and speak to an attorney. Learn more with this article from PBS.
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Becoming a U.S. citizen involves taking a naturalization test. The USCIS website offers you the option to take a practice test and see how well you would do.
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If you are interested in learning about the efficiency of the Department of Justice Immigration Courts, look through this 2011 statistical report.
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Knowing your rights is important when interacting with law enforcement. The ACLU published a booklet on this topic on their website.
The skilled legal team at Kelly, Parker & Cohen LLP can help with all Pennsylvania criminal and civil litigation cases. Call (888) 482-1351 to speak with a member of our team today.
Last updated 4 months ago
If you received a notice from the U.S. government mentioning the possibility of removal, you should consult an immigration lawyer as soon as possible. However, an attorney can be incredibly helpful even if you are not in immediate danger of deportation. Here is a look at the three main reasons why individuals choose to hire an immigration attorney:
The Law is Always Changing
Immigration judges and the Board of Immigration Appeals consistently interpret statutes in new ways. The current presidential administration is reforming immigration policies with the introduction of the Deferred Action for Childhood Arrivals program and new legislation. Even if you think your situation has a clear-cut answer, a lawyer can inform you of important developments and help you form a path to citizenship.
Immigration Forms are Complex
Even if you are here on an employment-based visa, you may need to fill out paperwork with the USCIS. Attorneys knows the ins and outs of these forms and can ensure that you do not face any negative repercussions from missing deadlines or incorrectly filling out information updates.
Court Appearances are Sometimes Necessary
In the event of a removal or asylum proceeding, you will be summoned to appear in front of an immigration judge. A lawyer can prepare the necessary filings and documents for the court and get you ready for trial. He or she can make necessary objections and answer the prosecution’s questions in a way that is favorable to your case. Obtaining legal counsel is the best way to ensure that your day in court goes smoothly and that you receive a positive decision from the judge.
Immigration law is a complex and constantly changing legal topic. If you need help with paperwork, naturalization, or a court appearance, contact a local attorney as soon as possible. Pennsylvania residents in need of actionable advice should call (888) 482-1351 to reach the skilled immigration lawyers at Kelly, Parker & Cohen LLP. We offer free initial consultations, so contact us today.
