http://www.centredaily.com/news/local/crime/article177475661.html
If you have been charged with Indecent Assault of a Minor in State College, Centre County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878.
http://www.centredaily.com/news/local/crime/article164524527.html
If you have been charged with Theft in Potter Township, Centre County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
This week we will discuss what to expect if your child is alleged to have committed a delinquent act.
The first issue you may encounter is if your child is detained. A child may be placed in detention, prior to a formal adjudication of delinquency, where the detention is required “to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian or custodian or other person able to provide supervision and care for him and return him to the court when required or an order for his detention…. has been made by the court…”[1]
In essence a child may be detained prior to a finding of delinquency when the child is a danger to himself or others, where the child may run away from home, or where there is not a suitable adult to supervise the child while the delinquency process proceeds. If a child is detained the court must hold a detention hearing within 72 hours to determine if the detention is proper and whether the detention should continue.[2] During the detention hearing, the court will also determine if there is probable cause to believe that the child committed a delinquent act.[3]
In some jurisdiction this hearing may be held before a “master” rather than before a juvenile court Judge. A “master” is an attorney who is assigned to hear certain matters in lieu of a Judge.[4] A party may object to a matter being heard by a master and request a hearing before a Judge.[5] However, that may delay the proceedings. At the conclusion of the detention hearing, the court may order that the detention continue pending an adjudication hearing or may release the child to the custody of a parent or guardian pending the adjudication hearing.
The next step in the process is an adjudication hearing. The timing for scheduling an adjudication hearing depends on whether the child is detained. If the child is detained an adjudication hearing is to be scheduled within 10 days of the filing of the petition. If the child is not detained the adjudication hearing is to be scheduled within a reasonable time.[6] As a practical matter, most courts attempt to schedule an adjudication hearing as soon as possible regardless of whether the child is detained or not. Counsel for either side may request a continuance if they are not ready to proceed to a full adjudication hearing on the scheduled date. At the adjudication hearing the burden is on the Commonwealth to prove to the court, beyond a reasonable doubt, that the child committed a delinquent act and that the child is in need of treatment, supervision, or rehabilitation.[7] A child may elect to forgo a full adjudication hearing and enter an admission to all or some of the allegations.[8] Following an adjudication hearing or an admission, the court will enter an order formally finding the child to be delinquent or not delinquent.
If the child is found delinquent the next step in the process is a dispositional hearing. [9] The purpose of this hearing is to determine how to provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.[10] In order to aid the court in fashioning an appropriate order the court may order a social case study to be prepared or may order the child to undergo a health, psychological, psychiatric, drug and alcohol, or any other examination it deems appropriate to aid the court. [11] A dispositional hearing is to be held within 20 days of the finding of delinquency if the child is detained. If the child is not detained the dispositional hearing is to be held within 60 days of the finding of delinquency.[12]
Next week I will discuss the possible dispositions that a child may face if they have been adjudicated delinquent.
*Information contained in this blog does not constitute legal advice and does not create an attorney client relationship. You should always obtain counsel to address the specific circumstances in your case.
[1] 42 Pa.C.S.A. § 6325
[2] Pa.R.J.C.P. 240
[3] 42 Pa.C.S.A. § 6332
[4] 42 Pa.C.S.A. § 6305
[5] 42 Pa.C.S.A. § 6305
[6] Pa.R.J.C.P. 404
[7] In the Interest of N.C., 171 A.3d 275 (Pa.Super. 2017)
[8] Pa.R.J.C.P. 407
[9] Pa.R.J.C.P. 512
[10] 42 Pa.C.S.A. § 6352
[11] Pa.R.J.C.P. 513
[12] Pa.R.J.C.P. 510
Unfortunately, it is true. A criminal conviction can be used against you in a custody dispute. There is even a statute that covers this. Below is that statute.
(a) Offenses.–Where a party seeks any form of custody, the court shall consider whether that party or member of that party’s household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following offenses:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2706 (relating to terroristic threats).
18 Pa.C.S. § 2709.1 (relating to stalking).
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 2902 (relating to unlawful restraint).
18 Pa.C.S. § 2903 (relating to false imprisonment).
18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
18 Pa.C.S. § 3126 (relating to indecent assault).
18 Pa.C.S. § 3127 (relating to indecent exposure).
18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).
18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders).
18 Pa.C.S. § 3301 (relating to arson and related offenses).
18 Pa.C.S. § 4302 (relating to incest).
18 Pa.C.S. § 4303 (relating to concealing death of child).
18 Pa.C.S. § 4304 (relating to endangering welfare of children).
18 Pa.C.S. § 4305 (relating to dealing in infant children).
18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses).
18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances).
18 Pa.C.S. § 6301 (relating to corruption of minors).
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
Section 6114 (relating to contempt for violation of order or agreement).
The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance).
75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).
Section 13(a)(1) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to the extent that it prohibits the manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device.
(b) Parent convicted of murder.–No court shall award custody, partial custody or supervised physical custody to a parent who has been convicted of murder under 18 Pa.C.S. § 2502(a) (relating to murder) of the other parent of the child who is the subject of the order unless the child is of suitable age and consents to the order.
(b.1) Parent convicted of certain sexual offenses.–
(1) Notwithstanding any provision of this chapter to the contrary and subject to paragraph (2), if a parent who is a victim of any of the offenses set forth in this paragraph objects, no court shall award any type of custody set forth in section 5323 (relating to award of custody) to the other parent of a child conceived as a result of any of the following offenses for which the other parent has been convicted:
18 Pa.C.S. § 3121.
18 Pa.C.S. § 3122.1.
18 Pa.C.S. § 3124.1, where the offense involved sexual intercourse.
18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse.
18 Pa.C.S. § 4302.
(2) A court may award any type of custody set forth in section 5323 to a parent who has been convicted of an offense under paragraph (1) if:
(i) the parent who is a victim had an opportunity to address the court;
(ii) the child is of suitable age and consents to the custody order; and
(iii) the court determines the award is in the best interest of the child.
(3) Paternity of the child shall be established by voluntary acknowledgment of paternity or blood, genetic or other paternity testing acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.
(c) Initial evaluation.–At the initial in-person contact with the court, the judge, conference officer or other appointed individual shall perform an initial evaluation to determine whether the party or household member who committed an offense under subsection (a) poses a threat to the child and whether counseling is necessary. The initial evaluation shall not be conducted by a mental health professional. After the initial evaluation, the court may order further evaluation or counseling by a mental health professional if the court determines it is necessary.
(d) Counseling.–
(1) Where the court determines under subsection (c) that counseling is necessary, it shall appoint a qualified professional specializing in treatment relating to the particular offense to provide counseling to the offending individual.
(2) Counseling may include a program of treatment or individual therapy designed to rehabilitate the offending individual which addresses, but is not limited to, issues regarding physical and sexual abuse, the psychology of the offender and the effects of the offense on the victim.
(e) Subsequent evaluation.–
(1) At any time during or subsequent to the counseling under subsection (d), the court may require another evaluation to determine whether further counseling is necessary.
(2) If the court awards custody to a party who committed an offense under subsection (a) or who shares a household with an individual who committed an offense under subsection (a), the court may require subsequent evaluations on the rehabilitation of the offending individual and the well-being of the child subsequent to the order. If, upon review of a subsequent evaluation, the court determines that the offending individual poses a threat of physical, emotional or psychological harm to the child, the court may schedule a hearing to modify the custody order.
(f) Costs.–The court may order a party to pay all or part of the costs of the counseling and evaluations under this section.
(Apr. 12, 2012, P.L.241, No.32, eff. 60 days; Oct. 1, 2015, P.L.172, No.40, eff. 60 days; May 4, 2018, P.L.112, No.21, eff. 60 days)
2018 Amendment. Act 21 amended subsec. (a) intro. par.
2015 Amendment. Act 40 added subsec. (b.1). Section 3 of Act 40 provided that subsec. (b.1) shall apply to any action regarding custody of a child under Chapter 43 or 53 that is filed on or after the effective date of section 3.
2012 Amendment. Act 32 amended subsec. (c).
Cross References. Section 5329 is referred to in section 5330 of this title; section 1904 of Title 42 (Judiciary and Judicial Procedure).
It is extremely important to contact an experienced law firm right away if you or someone you know is charged with a crime in Pennsylvania.The possibility of a criminal conviction is bad enough but the loss of your children is a serious and life altering consequence all by itself. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.
http://www.centredaily.com/news/local/crime/article163262113.html
If you have been charged with Assault of any kind in Bellefonte, Centre County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
Husband Accused of Hammer Murder of Wife Sentenced
If you have been charged with Murder in Selinsgrove, Snyder County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
http://www.lockhaven.com/news/police-court-and-fires/2017/07/area-man-gets-15-years-for-having-gun/
If you have been charged with having guns in Williamsport, Lycoming County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
The purpose of a statute of limitations is to ensure claims are brought within a certain time period. It does not matter how legitimate the charge is, or how clear the evidence is…if the statute of limitations has expired, the claim cannot be brought. 
For example, Pennsylvania’s statute of limitations for trespass is 2 years. If you filmed your neighbor trespassing on your property, made a DVD of the video, but waited 2 years and 1 day to bring the claim, the claim will be barred by the statute of limitations even though you have caught your neighbor red-handed.
The current issue in Pennsylvania right now pertains to sex crimes. Right now, the statute of limitations in Pennsylvania permits victims of child sex abuse to come forward with criminal allegations until they are 50 years old. As for civil claims, the alleged victim must bring the claim before they are 30 years old.
In lieu of a report published by Attorney General Josh Shapiro, which found 301 priests committed sexual abuse against children in the past, politicians in Pennsylvania are proposing to add a two-year window for victims of previous sex abuse. This window would allow alleged victims to file claims retroactively, regardless of their current age, or how long ago the sexual abuse occurred.
Right now, only 2 of the 301 priests identified have been charged, given the current statute of limitations has expired in all other cases.
The Pennsylvania Catholic Conference opposes any attempt to modify the current laws regarding the current statute of limitations. The reason being is thousands of Pennsylvania residents have claimed they were sexually assaulted by Catholic priests while they were children.
Thus, if Pennsylvania modified the current law to allow those alleged victims to come forward with sexual assault allegations, the Pennsylvania Catholic Conference would be forced to defend themselves against countless sexual assault allegations.
Some politicians that agree the current statute of limitations should not be modified reason that most of the sex crimes were committed several years ago, and the Catholic Church has since instituted reforms to prevent any further sexual abuse.
In addition, the window would allow claims to be brought regardless of when they were committed. Those who oppose the window say this is problematic, given it is very difficult to defend claims from the 1940s or 50s, and the majority of priests who committed the crimes are dead. Nevertheless, the modern trend seen in other States is to abolish statutes of limitations for the criminal prosecution of crimes related to child sex abuse.
If you or someone you know has questions about statutes of limitations in Pennsylvania, Brian Manchester has extensive training in criminal defense and has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878.
