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Recent Posts in Criminal Law Category

  • Harrassment Summary Trial

    Attorney Emkey represented a client who was charged with summary harrassment. It was alleged that the client harrassed the alleged victim by calling her and relaying a message regarding damage to a vehicle, as well as messaging the victim on facebook. Once Attorney Emkey had the opportunity to cross examine the victim, her story fell apart. He pointed out that they (vitcim and defendant) had been ...
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  • Man Charged In Alleged Hostage Stand-Off Gets ARD

    Attorney Emkey argued and subsequently was able to convince the District Attorney's office to withdraw the aggravated assault charge, which is a felony of the first degree and carries a maxium penalty of 20 years in prison. His client was then approved and accepted into the ARD program for first time offenders. Upon successful completion of the ARD program, Attorney Emkey's client's record will be ...
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  • Charges Dismissed At Preliminary Hearing

    Client was charged with possession of marijuana and possession of paraphernalia in Chester County. Client was facing significant jail time due to this arrest being a Probation violation. Attorney Emkey had charges dismissed at the Preliminary Hearing saving the defendants thousands of dollars and years in prison.
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  • Summary Trial...Not Guilty

    Attorney Emkey represented a client at a summary trial where the client received a citation for an expired registration. At the trial, Attorney Emkey argued that due to a lack of evidence, his client should be found not guilty. The Judge agreed with Attorney Emkey and found his client NOT GUILTY!
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  • Another Successful Probation Violation Hearing

    Attorney Emkey represented a client who was facing a probation violation, where the commonwealth was asking for the defendant to be resentenced to 6-23 months in jail. Attorney Emkey argued for a time served sentence. The Judge agreed with Attorney Emkey and resentenced the defendat to a time served to 23 month sentence. Attorney Emkey's client was extremely happy with the results!
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  • Probation Violation...Judge Agrees With Emkey...Client Is Released

    Attorney Daniel P. Emkey recently represented a client at a Probation Violation Hearing (Gagnon II Hearing). At the hearing, the Commonwealth asked that the defendant serve a STATE PRISON sentence. Attorney Emkey argued that his client should be immediately released on a time-served sentence. After a lengthly argument, the Court agreed with Attorney Emkey. Attorney Emkey's client couldn't be ...
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  • Attorney Emkey Wins Another Case!

    Attorney Daniel P. Emkey represented a client who was charged with Driving While Operating Privilege is Suspended or Revoked [DUI Related] (1543(b)). This offense carries a penalty of anywhere from 60-90 days in jail. Client had 11 previous 1543(b) convictions (habitual offender). Attorney Emkey successfully argued and was able to get the charge reduced to a lesser offense. Attorney Emkey also had ...
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  • 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 #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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  • Probationary Sentence On Three Cases

    Attorney Daniel Emkey successfully negotiated a two year probationary period for a client with three separate cases. The client had multiple charges of theft, retail theft, DUI, and receiving stolen property. He was facing a total of twenty-two (22) years incarceration. If you have been charged with a crime, contact Emkey Law Firm for a free consultation.
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  • What Is Childline?

    ChildLine is an administrative agency run through the Pennsylvania Department of Public Welfare whose function is to protect the safety and well being of children from abuse and neglect. When a person has been accused of abuse or neglect of a child, it is investigated by an agency within the county or state. If the allegation is deemed to be "founded," a report is generated to ChildLine by the ...
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  • DUI Charges Withdrawn

    Attorney Emkey effectively negotiated the withdrawal of Driving While Under the Influence (DUI) charges today at a Preliminary Hearing. The client plead guilty to a summary charge. The client was facing potential jail time as well as a loss of license. Furthermoe, this saves hundreds of dollars in court fees and fines for the client.
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  • What Is ARD In Criminal Law?

    The Accelerated Rehabilitative Program, otherwise known as ARD , is a program offered in criminal court to first time offenders. The goal of the program is to successfully rehabilitate the offender to prevent them from entering the criminal system again. If ARD is completed successfully, the record of the offender is expunged. This is extremely beneficial to people to be able to obtain employment ...
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  • DUI: Implied Consent

    Every time you renew your license at PennDot in Pennsylvania, you sign a form giving the Commonwealth the right to draw blood, breath, or urine if you are arrested by police for a DUI . This is known as the Implied Consent Law, the DL-26, or the O'Connell Warnings. According to the Implied Consent Law, if you refuse to give your blood, breath, or urine, it is an automatic loss of a license for a ...
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