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Blog Posts in 2014

  • Charges Withdrawn!

    A client was charged with retail theft (M1) and hired Emkey Law Firm to defend him against the charges. After reviewing the surveillance footage, it was clear that they had the wrong person. Although the person on the surveillance camera resembled our client, it was clearly not our client. The Commonwealth refused to withdraw the charges. Attorney Emkey filed an Pretrial Motion (Writ of Habeas ...
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  • Juveniles And College Students Charged With Crimes

    Do you know a juvenile or college student charged with a crime? Many are bound to make a mistake, but when alcohol, drugs or violence enter the picture, a momentary lapse of judgement can drastically alter their lives. Attorney Daniel Emkey at Emkey Law Firm offers highly qualified representation in cases involving college crimes or juvenile offenses. For more information on how Attorney Emkey at ...
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  • Childline

    Did you receive a letter in the mail saying that you have been indicated on ChildLine? If so, you need to take prompt action to protect yourself. This is a serious matter, and you only have 45 days to appeal. Emkey Law Firm is an experienced law firm, helping those who have been indicated on ChildLine. Find out more about ChildLine and how Emkey Law Firm can help you.
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  • PA. Supreme Court Allows Warrantless Searches Of Vehicles

    The Pennsylvania Supreme Court drastically changed the law of the Commonwealth on April 29, 2014 when it decided that warrantless searches of cars are acceptable in the case of Commonwealth of Pennsylvania v. Shiem Gary , 29 A.3d 204(Pa.Super. 2011). Previously, Pennsylvania law held that Article 1, Section 8 of the Pennsylvania Constitution afforded greater protection than the Fourth Amendment to ...
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  • ARD For Summary Crimes

    Berks County is joining with other counties in the Commonwealth of Pennsylvania by now offering ARDs for certain summary offenses. An ARD or Accelerated Rehabilitative Disposition allows a defendant to clear their record after completing certain prerequisites, such as a payment of fines and costs, community service, or finalization of classes, like the Underage Drinking Program. It is only ...
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  • Unwritten Rules Of Custody #4 - Utilization Of Children And Youth Service And Protection From Abuse Orders

    Never, ever, EVER, utilize Children and Youth Services (CYS) or get a Protection from Abuse (PFA) Order in order to solely gain an advantage in custody. CYS is an agency funded by the county and state whose sole goal is to protect children against abuse and neglect. Allegations that a child's welfare is in danger because of abuse or neglect are reported to the agency by either a mandated reporter ...
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  • Unwritten Rules Of Custody #3 - Kids Are Not A Messengers

    Do not pass messages back and forth between little Johnny. This includes handwritten notes. Again, this puts the child in the middle. You are an adult. Contact the other parent and handle it yourself.
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  • Unwritten Rules Of Custody #2

    Always return clothing and belongings to the other parent. Make sure the clothing is properly washed and folded. Also, be understanding if clothing is not returned immediately. If the other party is putting the clothes through the wash, it may not come back right away. Furthermore, if you demand the clothing back immediately, do not be irritated if it comes back dirty. Take care of the other ...
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  • Careless Driving Vs. Reckless Driving

    Often, people are confused about the difference between careless and reckless driving offenses. Both are traffic violations and both are summaries that carry fines. However, careless driving is a less serious offense than reckless driving. The main difference between the two crimes is intent. Careless driving is defined as "any person who drives a vehicle in careless disregard for the safety of ...
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