Hate Crime Laws in Pennsylvania

June 28, 2012 by

Providing You with Information Relevant to the Defense of Your Case and Your Rights

In Pennsylvania, many crimes are made legally more serious when prosecutors deem that the alleged crime was a hate crime.

In recent years, several high-profile cases have resulted in the Pennsylvania Supreme Court reducing the scope of our state’s hate crime laws. Still, many individuals facing criminal charges face hate crime charges when the alleged perpetrator is suspected of being motivated by bias against people for their sexual preference, national origin, gender, religion, race, ethnicity or political affiliation. For more information regarding Pennsylvania’s hate crime laws, visit the website PartnersAgainstHate.

If you face hate crime charges in Pennsylvania, contact the attorneys of Laguna Reyes Maloney, LLP. We understand the frustration and confusion that can result when criminal charges involve allegations of a hate crime.

Have you been accused of committing a hate crime relating to an alleged assault on a minority? Were you charged with a hate crime just for sharing or spreading your views regarding an individual or a group of individuals?

The legal team at Laguna Reyes Maloney, LLP, includes experienced criminal defense attorneys and a former police officer. We have investigated hundreds of criminal cases and can question allegations relating to your motives in an alleged crime.

If you face hate crime charges, it is essential that you obtain qualified legal assistance in handling Pennsylvania’s complex laws and legal system and in fighting your charges. Our firm provides free initial consultations regarding any criminal charge. To discuss your concerns with an attorney at no charge, call 717-233-5292.

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Criminal Law Legal Help for Immigrants in Pennsylvania

June 1, 2012 by

Information Regarding Deportable Offenses

Under federal immigration laws, temporary or permanent residents can be deported if convicted of certain crimes. Because federal immigration laws are generally geared towards the removal of criminal offenders, the list of deportable offenders is too long to include on this blog page. However, a list of charges that commonly lead to deportation includes:

If you face any of the above charges or any other criminal charges in Pennsylvania and are concerned about your right to remain in the U.S., contact the Harrisburg law firm of Laguna Reyes Maloney, LLP.

We understand that, as an immigrant, you face the possibility of separation from your family and a return to problematic situation in your nation of origin. We can draw on decades of legal experience when working to fight your charges and keep you in the U.S.

A key step is to work to have charges reduced to a legal that won’t lead to deportation. We can work with prosecutors, local law enforcement officers and the Immigration and Naturalization Service (INS) to this end. We can also conduct an investigation and determine other steps, i.e. does it make sense to work to have your charges dismissed?

At Laguna Reyes Maloney, LLP, we keep apprised of the constantly changing laws that affect your rights as an immigrant in the U.S. For more information regarding deportable offenses in Pennsylvania, please contact our office by calling 717-233-5292.

Filed Under: Criminal Defense, Deportable Offenses, Drug Crimes, Drug Possession, Drug Trafficking, DUI Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Federal Weapons Charges

April 17, 2012 by

If you are charged with a federal weapons offense, you want an experienced lawyer to protect your constitutional rights. The penalties for violating federal weapons laws can be severe. Even though the federal sentencing guidelines are no longer mandatory, they are still used by many judges as a baseline for establishing prison terms and other sanctions. When you are charged with a federal weapons crime, the judge will likely consider a variety of factors when issuing a sentence, including:

• Whether you have a criminal history
• How many victims were affected by your crime
• The seriousness of the crime
• In a weapons charge, the type and number of weapons used

Types of Federal Weapons Crimes

Federal statutes provide for prosecution for a wide range of firearms and weapons offenses, including the possession or sale of an unlicensed or illegal gun, firearm or other weapon. You can also be charged simply for being in possession of a weapon, if you are a convicted felon.

Federal law also provides additional penalties if you commit other crimes while using a firearm. These include drug offenses, such as sale or trafficking, as well as armed robbery and assault or battery.

Taking Steps to Protect Your Rights

The first thing you want to do if you have been arrested for violating a federal weapons law is contact an attorney. You will be entitled to a phone call when taken into custody. Use that call to contact your lawyer and request that they come to the police station.

Once you have been taken into custody, you want to exercise all your constitutional rights. You have the right to remain silent—exercise it. Don’t fool yourself into believing that you can explain the offense away. Though you are supposed to be innocent until proven guilty, law enforcement officers will spend more time and energy looking for evidence of your guilt than looking for ways to prove your innocence.

If the police or federal investigators show up at your door, wanting to talk with you, you don’t have to let them in unless they have a valid search warrant. Even if they show you a warrant, you can request that your attorney be present and review the warrant. Don’t let them in your house for any reason without a warrant. If they see evidence that they can reasonably argue gave them probable cause to suspect any type of criminal activity, they can search your home without a warrant.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania federal weapons crime defense attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Filed Under: Criminal Defense, Federal Weapons Charges, Firearm Violations Tagged With: , , , , , , , , , , , , , , , ,

Possession of a Controlled Substance in Pennsylvania

April 3, 2012 by

Adolescents often seem to have a magnet for trouble. Whether it’s peer pressure or sowing wild oats, a prank that got out of hand or just juvenile stupidity, teenagers can make a single mistake that can affect their lives for years to come. As a parent, you want your child to learn that actions have consequences, but you also want them to have a fair chance to move forward and put the past behind them.

Some juvenile offenses can only be committed by minors, and are known as “status” offenses. These include such violations as minors in possession or falsifying an ID to purchase alcohol.

Juveniles can also be charged with acts that are illegal for anyone to commit, such as:
• Drug offenses, from possession or trafficking to manufacturing or cultivation
• DUI or driving while intoxicated
• Violent offenses, such as assault and battery, or weapons crimes
• Theft crimes, such as shoplifting or auto theft
• Vandalism or malicious destruction of property

Because the juvenile court system puts greater emphasis on rehabilitation than punishment, the penalties that minors face, if convicted, are generally less severe. A minor is less likely to face incarceration of substantial fines, and more likely to be sentenced to community service or to counseling or similar diversionary programs. Nonetheless, the ramifications can be serious and long-lasting. A minor may be disqualified from certain types of educational opportunities, or may not be allowed to work in some fields.

Juvenile offenses may be treated in a number of different ways in Pennsylvania. You may be required to attend a detention or probation hearing, an adjudication and disposition, or a direct file and transfer. There are also Accelerated Rehabilitative Disposition (ARD) opportunities for minors.

At Laguna Reyes Maloney, LLP, all prospective clients are entitled to a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: Criminal Defense, Drug Crimes, Drug Possession Tagged With: , , , , , , , , , , , , , , , , , , ,

Domestic Violence – Abusive Relationships

March 5, 2012 by

Domestic violence is not limited to marriage, and the protections of the law are available to men as well as women, and to partners in a same – sex relationship. It can take a wide range of forms, from physical violence to emotional or even economic abuse. Unfortunately, most domestic violence victims feel helpless, fearing that the law won’t protect them, that they somehow deserve the abuse, or that they would rather accept the abuse than be alone. There are ways to protect yourself—help is available.

The Nature of Domestic Abuse

Though domestic abuse is often referred to as spousal abuse, it actually applies to all situations where two people are cohabitating, whether you are in a domestic partnership or a same – sex relationship. Domestic violence generally serves one purpose—it allows the abuser to exert control over the victim. Because the ultimate goal is control, the abuser may use a variety of methods to obtain power of a victim, including beatings, threats of violence, guilt, shame and intimidation.

In every relationship, there are disagreements, right? In fact, if there are no disagreements, it may be one of the indicators that there is unhealthy control being exerted by one of the parties. But when does disagreement rise to the level of domestic abuse? Clearly, when verbal abuse escalates to physical violence, it has crossed the line. With the possible exception of self – defense, there is never a situation where physical violence between spouses or domestic partners is acceptable. Sexual abuse between partners or spouses can also be difficult to determine. However, whenever your partner forces you to engage in a sexual act against your will, or uses other threats or intimidation to coerce you into performing a sexual act, it is likely that you have been the victim of domestic abuse.

With respect to emotional or economic abuse, the signs can be even more subtle. Do you find that your spouse or partner repeatedly uses guilt, shame or humiliation to diminish your self-esteem, so that you comply with their wishes? Does your partner call you whenever you go out alone, even to the grocery store, to check where you are and when you will be home? Does your spouse take your paycheck and give you nothing or little in return, or refuse to provide you with money to meet your most basic needs? Will they only allow you to go out in public if they come along?

Noticing the early signs of domestic abuse and taking steps to stop them can often prevent the escalation that results in physical injury.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania domestic violence attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Filed Under: Criminal Defense, Domestic Violence Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , ,

Judge Rules No Spousal Privilege in Criminal Child-Abuse Cases

February 20, 2012 by

Many of us in Pennsylvania think that the secrets we share with our spouse are “confidential” and “privileged” from government intrusion. However, in Commonwealth v. Hunter , a Franklin County trial judge recently ruled that prosecutors can now use private text messages between a husband and wife in a criminal case. This is important because “spousal communications” in criminal trials have normally been “privileged” and “confidential” in this country. In this criminal case, however, the Judge said prosecutors could use and publish text messages that the married couple exchanged with each other when they were discussing the husband’s allegedly abused child.

The accused naturally argued to the judge that they had been under the impression that their discussions with each other were obviously confidential and privileged, like discussions with a lawyer, or confession to a priest. They logically argued that since the texts had been between husband and wife; had pertained to “matters in their lives” and were sent and received in confidence; they were obviously “privileged” and “confidential” spousal communications. Not so, said the judge; they were mistaken. The accused had no reasonable expectation of privacy in the texts. Does this decision represent the erosion of fundamental rights that we have taken for granted? Or, is the decision limited to the technological nature of how the “discussions” were shared? The judge’s opinion makes it difficult to say. Hopefully, the decision will be appealed and we will receive some clarity. For the moment, however, when you text, chat, twitter or e-mail your beloved, do so as if the whole world is watching.

Please contact our firm to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney. Call 717-233-5292.

Filed Under: Criminal Defense, Domestic Violence Tagged With: ,

Recognizing the Signs of Domestic Violence

February 16, 2012 by

Do you have a loved one that you think might be the victim of domestic violence or abuse? Unfortunately, in many domestic violence situations, the victims will go to great lengths to cover up the signs of abuse, fearing that they will be subject to further abuse, or that others will blame them for allowing themselves to become victims. This blog post identifies the typical warning signs of domestic violence.

How to Spot a Victim of Domestic Abuse

Though you can never be certain what happens in the privacy of someone’s home, there are behavioral traits that are common among victims of domestic violence. The violence may not necessarily be physical, but may take the form of psychological, emotional or economic control. Some of the early indications of the possibility of domestic abuse include:

• Always agreeing with anything a partner says or does
• Calling a partner or spouse on a regular basis to “check in” or report where they are and what they are doing
• Receiving frequent phone calls from partners or spouses
• Seeming afraid of or anxious to please a partner or spouse
• Making references to a partner’s possessiveness, jealousy or temper

Frequently, one of the tools that an abuser will use to exert control is to try to isolate the victim from all outside influence. If a person never seems to be available to see you, or won’t go out in public without their spouse or partner, it can be a warning sign that their partner is limiting their access to others. A particularly effective way of doing this may be to deprive the victim of money, credit cards or a vehicle, so that they can’t go anywhere and have no funds to do anything.

If the abuse is psychological, one of the first signs may be a personality change. A person who used to seem confident, but now seems tentative, may be the victim of domestic abuse. Depression, anxiety, low self-esteem and suicidal words or acts are all ways that victims respond to domestic violence.

The warning signs of physical violence may be just as difficult to see, as victims may use a variety of means to keep others from seeing the evidence. They may seem to “overdress,” wearing long sleeves in warm weather, or dark glasses inside. They may choose not to come to work, school or social functions. If they must get out, they may frequently show injuries, but always have an excuse…an accident that was entirely their fault.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania domestic violence attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Filed Under: Criminal Defense, Domestic Violence Tagged With: , , , , , , , , , , , , , , , , , , , ,

White Collar Crimes-What to Do If You Are Charged

February 2, 2012 by

A white collar crime differs dramatically from most other types of criminal offenses. Typically, the charges arise because of your access to property or funds, as a result of your position in a corporation or business. You may find yourself under investigation for fraud, or for other white collar crimes, such as embezzlement or misappropriation of funds or misuse of property, based on the allegations of others who disagree with your policies or positions, or who have something to gain from your downfall. The allegations may stem from highly subjective interpretations of complex financial transactions or from assumptions based on access to limited information. In these situations, it becomes critical to have an experienced lawyer to defend you.

Types of White Collar Crimes

White collar crimes include:

• Most types of fraud, such as bank or insurance fraud, wire or mail fraud, health care or bankruptcy fraud.
• Embezzlement, or the taking of company funds or property for personal use without permission
• Money laundering, or taking money obtained from illegal acts and making it appear to be legally obtained
• Forgery, involving the falsification of documents or the falsification of a signature to obtain goods, services or cash
• Identity theft, including taking the name, credit or other personal information of another person for private gain

Protecting Your Rights

Your first inclination when you find yourself under investigation for a white collar crime may be to try to “clear things up” with law enforcement officers or prosecutors. You may erroneously believe that all everyone needs is a clear explanation of how things work, and the problem will be resolved. The best thing you can do, however, is to immediately contact an attorney, who will then become your liaison with the outside world. Unfortunately, police and prosecutors view their role as the protectors of society. Though you are supposed to be innocent until proven guilty, police and prosecutors tend to look only for evidence of guilt, not for evidence of innocence.

The most important rule to remember when you have been charged with a white collar crime is that you have the right to remain silent. You don’t have to speak with police or prosecutors without having your attorney present, and even when you do, you can refuse to answer their questions.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania white collar crime attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Filed Under: Criminal Defense, White Collar Crime Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

What is Domestic Violence?

January 19, 2012 by

In today’s society, though we seem to have a greater awareness of the existence of domestic violence, it still remains largely hidden from public view. Often, the victims go to great lengths to mask any evidence of domestic violence, for fear that they won’t get the protection they need, or that they will be left alone to fend for themselves. Domestic violence takes many shapes and forms, including far more than physical abuse. This blog post provides a general overview of what constitutes domestic violence.

The Many Faces of Domestic Violence or Abuse

At its most fundamental level, domestic violence or abuse includes a broad range of acts perpetrated by one personal against someone with whom that person has an intimate relationship, including a partner, spouse or family member. Domestic violence is generally a coercive act used by one person to exert power or control over the victim. While men or women can be victims of domestic abuse, the majority of victims are women. In a survey conducted by the National Institute of Justice, nearly 25% of women said they were raped or physically assaulted by a date, live-in partner or spouse at some point in their lifetime.

Domestic violence can take forms other than physical abuse. The abuser may engage in emotional and psychological intimidation, or may make the victim the subject of continual verbal abuse. They may also engage in stalking, phone or mail harassment, and economic control. Domestic violence has also taken the form of the destruction of property, particularly items that have significant meaning or value to the victim. The abuser may intercept phone calls in an attempt to isolate the victim from friends and family members, and may deny the victim access to wages, medication or a vehicle. The violence can also be committed against a pet of the victim.

The most common forms of domestic violence include:

• Physical abuse, such as hitting, slapping, pushing, choking, punching, pulling hair or beating with any type of object. It can also include the denial of medical care, or of sleep, or forcing the victim to use drugs or alcohol.
• Emotional abuse, such as isolating the victim, denying the victim access to basic necessities, withholding information from the victim, attempting to humiliate the victim (publicly or privately)
• Sexual abuse, including coercing a partner to have sex against their will, rape or other forcible sexual contact
• Verbal abuse, from threatening language to name-calling, blaming, and continual criticism
• Economic abuse, such as denying the victim access to reasonable resources to meet economic needs

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania domestic violence attorney, contact us online or call our office at 717-233-5292. Se habla Espãnol.

Filed Under: Criminal Defense, Domestic Violence Tagged With: , , , , , , , , , , , , , , , , , , ,

Deportable Offenses

January 19, 2012 by

Under U.S. immigration laws, if you have temporary or permanent residency status, you can still face deportation proceedings if you are convicted of certain crimes. In some cases, when the criminal prosecution begins, the judge may also initiate deportation proceedings, and seek to have you permanently removed from the country. You have the right to fight these proceedings, but you want an experienced lawyer to protect your rights. This blog identifies the types of offenses that may lead to deportation proceedings, as well as some basic steps you should take to protect your rights.

Types of Crimes that May Lead to Deportation or Removal Proceedings

As a general rule, most minor misdemeanors or infractions will not be the basis for a deportation proceeding. Traffic violations, including drunk driving, generally do not rise to the level of offense leading to removal efforts. However, the following crimes can make you a party to a deportation proceeding:

    • Drug offenses, such as possession, sale or trafficking, and manufacturing or cultivation
    • Firearms crimes, including illegal possession or sale of a weapon
    • Domestic violence
    • Sex crimes, such as rape, molestation, prostitution or solicitation, or child pornography offenses
    • Violent crimes, including assault and homicide
    • Kidnapping

Taking Steps to Protect Your Rights

When you have been charged with a criminal offense as a green card holder, your first step should be to contact an experienced attorney. You will be entitled to a phone call when taken into custody. Use that call to contact your lawyer and request that they come to the police station.

Once you have been taken into custody, you have certain constitutional rights. The police must notify you of your Miranda rights, which include the right to remain silent, and the right to have an attorney present. It is important that you exercise your right not to talk with police. Even though the American criminal justice system is based on the belief that you are innocent until proven guilty, the police will exert more energy to establish your guilt than to prove your innocence.

If you are merely under investigation and the police show up at your home, you do not have to allow them in, unless they have a valid search warrant. Don’t let them come in if they don’t have one. Anything that they see that they can reasonably argue gave them a suspicion of criminal activity will be the basis for an immediate search, and a warrant won’t be necessary.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online.

Filed Under: Criminal Defense, Deportable Offenses, Drug Crimes, Drug Possession, Drug Trafficking, DUI, Firearm Violations Tagged With: , , , , , , , , , , , , , , , , , , , , , , ,

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