When Your Future is at Stake, You Need Mooney & Associates, Attorneys at Law
If you have been charged with a misdemeanor or felony in Pennsylvania or Maryland, the criminal defense lawyers of Mooney & Associates, Attorneys at Law, encourage you to contact us to schedule an initial consultation.
Criminal law is the body of law that regulates “public wrongs,” offenses against the public order. Federal, state, and municipal governments define and prosecute people who commit crimes that range from minor traffic violations to misdemeanors to felony offenses. The people who are charged with a crime are called defendants. They are represented by criminal defense attorneys. The government is represented by a lawyer called a prosecutor. If you are charged with a crime, you need the advice of an experienced criminal defense attorney to protect your rights.
Defendants have the right to an Attorney throughout legal proceedings. The court will appoint an attorney at no charge if the defendant cannot afford to hire one. Defendants have the Right to a Jury Trial in which the defendant is presumed innocent and cannot be convicted unless twelve (12) impartial jurors are convinced of the defendant’s guilt beyond a reasonable doubt. Defendants have the Right to Confront Witnesses and cross examine all witnesses testifying against the defendants. Defendants have the Right Against Self Incrimination, which means they may remain silent and that cannot be used to incriminate them. Defendants have the Right to Produce Evidence and to have the court issue subpoenas to bring witnesses and evidence favorable to them to court at no cost to them.
The United States Constitution prohibits taking a person’s life, liberty, or property without due process of law. Therefore, a criminal statute must clearly set out the conduct that will be considered criminal. Criminal statutes must state exactly what conduct is prohibited, actus reus. The criminal statute must also set forth the state of mind of the guilty person, mens rea. Crimes of attempt require doing something toward the commission of the crime. We, the attorneys at Mooney & Associates, will help you understand the elements of the crime for which you are being prosecuted.
Every defense and prosecution lawyer involved in the criminal justice system must adhere to a complex set of rules and procedures to ensure a fair trial. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. We, the attorneys of Mooney & Associates, should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have an obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Although most of us are familiar with these warnings, called “Miranda” warnings, named for the U.S. Supreme Court case that first required the warnings, it is important that you exercise that right if you are brought in for interrogation.
Crimes committed by children are handled by a separate criminal justice system known as the juvenile justice system. Although juvenile courts typically have less formal procedures, it is important to consult a defense attorney before attending your child’s adjudication. A juvenile can be tried as an adult when charged with a serious offense and certain criteria is met. We have handled many juvenile cases, resolving the matters with both the juvenile and parent’s best interest.
Criminal charges may be dropped or reduced to a lessor charge when a defense attorney negotiates with the prosecutor. In some cases the defendant may plead guilty to a lessor charge in exchange for the prosecutor’s agreement to drop the more serious charges. The final determination as to whether or not to accept a proposed plea agreement rests with the defendant and the acceptance of the court.
Depending upon the severity of the crime committed, a defendant who is found guilty may be sentenced to a period of probation, to pay a fine, to perform community service, to make restitution, to pay for the monetary losses caused by the crime, or to serve time in prison. In Pennsylvania, the most severe crimes are punishable by death. We, the attorneys at Mooney & Associates, know how to work with the prosecutor to fashion a deal that provides for the least severe punishment possible. If no deal can be made, we can mount an aggressive defense in court to convince the jury that the prosecutor cannot prove, beyond a reasonable doubt, that the defendant has committed the crime.
When you are accused of a crime, you will find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you need to be represented by the people involved in the process who can work through the criminal justice system, giving you zealous representation and who minimize the impact of the proceedings on your life. If you have been accused of a crime, do not delay in contacting the attorneys at Mooney & Associates. The attorneys at Mooney & Associates, Attorneys at Law, will fight for your rights when your future is at stake with not only experience inside the system as past district attorneys, but also with over a half century of combined experience working for the defense in the criminal justice system. Mooney and Associates’ lawyers have the experience you need to get the results you want.
Summary Offenses
Summary offenses are minor infractions of the law, including traffic offenses and public nuisance offenses. More than ninety percent of people in the United States over the age of 16 are licensed to drive, and there is more than one car registered for each licensed driver. This translates into trillions of miles driven each year, and millions of traffic law offenses. Traffic crimes, like all others, can lead to missed work, stiff fines, lost driving privileges, increased insurance rates and even prison time, such as for repeat offenders. The criminal justice system would be completely overwhelmed if each offense required a full criminal adjudication. Accordingly, traffic law violations have been divided into three categories: felonies, misdemeanors, and summary offenses with the lesser offenses handled in a more informal manner.
Although summary offenses may not carry the same stigma and penalties as other, more serious offenses, some of the less serious violations, if they become a part of a serious of violations by the same offender, can result in imprisonment. Therefore, summary offenses should not be taken lightly. Experienced summary offense attorneys can explain the possible consequences of the various violations and represent those charged with summary offenses throughout the resolution of the matter taking the mystery out of the process and increasing the chance of the least serious outcome. Attorneys at Mooney & Associates, Attorneys at Law, have the experience you need to defend your case at the District Justice hearing and on appeal to the Court of Common Pleas.
A traffic offense can even become a misdemeanor or felony if someone is hurt or killed or if there is serious property damage. Some offenses are misdemeanors on their own such as drunk driving, DUI, DWI, or operating a vehicle without a license or while your license is suspended. If you are charged with a traffic-related crime, you should treat your situation the same way you would any other criminal charge and seek the advice of an experienced criminal law attorney, the attorneys at Mooney & Associates.
Each state has a system that assigns a point value to each traffic offense. More serious offenses have higher point values, whereas minor violations are assigned minimal points. Points can accumulate over time and can affect driving privileges and insurance rates. The attorneys of Mooney & Associates, Attorneys at Law, can explain the point values for the convictions of the various traffic offenses and what impact they may have on your driving future.
When you hear the sirens blaring and see the red lights flashing in your rear-view mirror, it can sometimes be hard to think fast and rationally when under the inherent stress of a police stop. Acting appropriately in that nerve-racking situation can actually save some aggravation and maybe even some money in the long run. If you do come away from the stop with a ticket, the lawyers at Mooney & Associates, Attorneys at Law, can advise you on what to expect thereafter.
The Fourth Amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures of their personal property which includes their cars. When police pull you over for a traffic stop, they must respect the Fourth Amendment and refrain from any unreasonable searches and seizures. However, what is reasonable varies from case to case, and you may find that the police do find reason to search your vehicle while stopped for a traffic violation. The attorneys at Mooney & Associates, Attorneys at Law, are experienced in traffic law and search and seizure law and can explain in detail what traffic stop searches are reasonable, and when police may have crossed the line, and then present a motion to suppress seized evidence.
Misdemeanor Offenses
Crimes that are regarded as less serious than felony offenses, but more serious than summary offenses are called misdemeanors. Misdemeanors are usually punishable by a fine and/or incarceration in a local prison for a period of less than one year. The conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint or information. The charges may be considered minor, but being accused of a misdemeanor and being convicted of one, can cause a major disruption in your life. As in any criminal case, it is essential that, if you are charged with a misdemeanor, you have zealous representation. A person accused of a misdemeanor should seek out help of an experienced criminal defense attorney prior to the preliminary hearing. The attorneys at Mooney & Associates, Attorneys at Law, have vast experience at representing the accused at preliminary hearings. At the preliminary hearing, our representation may result in the charges being dismissed or reduced.
Felony Offenses
The most serious types of crimes are referred to as felonies. The usual definition is that a felony is any crime that may be punished by more than a year’s imprisonment or death. The punishment defines the offense as a felony. When crimes charged are more serious, the need for an experienced criminal defense attorney to help a defendant throughout the process becomes even greater.
Believe it or not, some people who are convicted of a crime and end up on prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. An innocent party pays the price for something he or she did not do while the guilty party remains free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. Skilled and knowledgeable defense lawyers know their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.
Specific Offenses
Drug Offenses
Drug charges cover a broad range of offenses from the less severe misdemeanors like simple possession of a small amount of certain drugs to the more serious felonies such as participating in an ongoing drug-related enterprise or manufacturing, distributing drugs, or possessing a large amount of drugs. The Federal Bureau of Investigation’s Uniform Crime Reports estimated that in 2004 there were a total of 1,538,800 state and local arrests for drug violations in the United States. If you are one of the many facing drug charges this year, it is imperative that you seek legal counsel at once. A drug charge does not mean you are guilty and will be convicted. We can challenge the evidence that has been improperly obtained or handled.
Even minor charges can be terrifying and carry the risk of serious penalties upon conviction. Serious charges can give rise to even graver consequences. An experienced criminal defense attorney can take some of the terror out of the drug charges by answering questions and guiding an accused offender through the legal maze that awaits. Mooney & Associates, Attorneys at Law, have handled many complicated drug cases. We have the experience you need to get the best possible results.
The United States Judicial System is divided into state and federal courts. Whether a person accused of a drug-related crime is prosecuted in the federal or state criminal system depends on what laws were violated and the policies and procedures of each court system. Out of the millions of felony prosecutions filed each year, only about three percent are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law, and drug charges are no exception. The offender could be prosecuted in both systems for the same criminal activity. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system’s policy considerations. If accused of a drug charge, it is crucial to contact an attorney who understands both systems through long experience. The lawyers at Mooney & Associates, Attorneys at Law, have experience in defending the accused in state and federal courts.
The Fifth Amendment mandates that charges for all capital and “infamous” crimes can be brought by an indictment returned by a grand jury. The Amendment has been interpreted to require an indictment to charge all federal felonies, including federal drug charges, unless a defendant waives his or her right to be indicted. The Supreme Court has concluded, however, that states are not bound by this part of the Fifth Amendment. Although legal counsel for the person at the center of the proceedings and for witnesses testifying in front of the grand jury cannot be in the grand jury room in federal proceedings, we, the lawyers of Mooney & Associates, Attorneys at Law, can provide advise outside of the presence of the jury and explain the grand jury process, taking some of the mystery and fear out of this procedure.
The Fourth Amendment of the U.S. Constitution protects an individual against unreasonable searches and seizures of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property. Seizure refers to taking the person or property into police custody. Often, if a seizure is invalid, it is because the seizure was preceded by an invalid search.
In many drug cases, the arrest and evidence used to support a conviction results from a search and seizure. If the constitutional limits were not applied to the government’s conduct, however, the evidence may be deemed inadmissible and the charges may be dismissed or un-provable. An experienced criminal defense attorney can advise his client on whether the evidence leading to a drug charge may have resulted from an improper search or seizure and answer all other questions regarding the criminal justice process in drug cases. The attorneys at Mooney & Associates, Attorneys at Law, have experience in filing preliminary objections to the unlawful search and seizure.
Theft Offenses
When a person is charged with theft, it means that he is suspected of the unlawful taking of property that belongs to another with the intent to permanently deprive the rightful owner of that property. Theft includes crimes commonly known as larceny, embezzlement, robbery, shoplifting, using false pretenses to obtain property, identity theft, extortion, fraud, car jacking, and computer access theft. The exact charges will depend on the circumstances that surround the alleged offense. What all these offenses have in common is the allegation that property has been taken without the consent of the owner. A conviction of a theft charge can involve serious penalties, but there are many defenses available to a person who has been charged. If you have been charged with theft or a theft-related crime, you need to contact an experienced criminal defense attorney, the lawyers of Mooney & Associates. By contacting an attorney as soon as possible, you increase your chances of mounting a successful defense or even avoiding more serious charges that could be brought later. An expert criminal defense attorney can be working on your defense as soon as you contact him. The gravity of theft offenses are distinguished by the value of the items taken, the location of the offense, and how the theft is accomplished.
A person may be arrested for theft even though he never intended to steal. For example, people have been charged with shoplifting when they have put an item in their pocket or purse, fully intending to pay for it, but forgetting before leaving the store. A theft conviction can have far-reaching ramifications including denial of employment or professional licenses, or the rights of citizens such as to vote and carry firearms. The criminal defense attorneys of Mooney & Associates, Attorneys at Law, have experience in handling theft cases, and will help you understand your options. We understand your need for confidentiality and will help you resolve this matter. Many theft-related offenses can be charged as either misdemeanors or felonies. A prosecutor may charge both a felony and misdemeanor. For example, a robbery, which is a theft by use of force is a felony and a very serious charge. However, the state may also charge a lessor theft charge in case the felony cannot be proven. If contacted in the early stage of the case prior to the preliminary hearing, an experienced criminal defense attorney, the attorneys of Mooney & Associates, may be able to get the more serious charge dropped.
Whether an act is charged as a misdemeanor, a felony, or in some cases, a summary, may all depend on whether you have a prior conviction. For example, a summary conviction for shoplifting raises the grading for a subsequent shoplifting offense to a misdemeanor. Therefore, a first-time offender may be charged with only a summary, but a subsequent offense may be a misdemeanor.
The police may arrest you for a theft if they have probable cause to believe that you committed the crime. The elements of the crime must be proved by the prosecution at the preliminary hearing for the type of theft alleged. If you are accused of a theft, it is crucial that you seek the services of an experienced defense attorney who knows the law as soon as possible.
At trial the prosecutor must prove beyond a reasonable doubt that the defendant committed a theft. The available defenses may include the lack of intent because the defendant was not aware that the property belonged to someone else or reasonably believed that he was entitled to the property. In may cases there may be mitigating circumstances that will reduce or even eliminate your criminal guilt. The criminal defense attorneys at Mooney & Associates, Attorneys at Law, will help you reach an appropriate resolution to theft charges exploring all options and using them to your advantage while protecting your rights.
Theft laws can bring very severe penalties that can change your life forever. If you are facing criminal charges, you need the aggressive defense presented by the lawyers of Mooney & Associates, an experienced criminal defense firm.
Assault Offenses
An assault is conduct that causes another person to reasonably believe that they are in danger of immediate harm or unwanted bodily contact. If you have been charged with assault, it is very important that you obtain the legal representation of an experienced criminal defense attorney. There are many defenses to charges of assault, and contacting an attorney as soon as charges are filed will allow evidence to be evaluated and witnesses questioned while everything is still fresh. The skillful criminal defense lawyers of Mooney & Associates, Attorneys at Law, can help you get through this complicated process.
For an assault to occur, the person charged with assault must have intended to make the bodily contact or inflict injury on the person assaulted and must have had the apparent ability to do it. The attempt must be open and obvious, in such a way that the person assaulted fears that he will be physically injured. If the assault includes the use of a dangerous weapon, or if the attempt is made to cause death or serious bodily injury, the crime is called aggravated assault, and this is a felony. If the injury is minor or is done without a weapon, the crime may be classified as a simple assault a misdemeanor. There are also special categories of assault such as sexual assault.
Assault is also the threat of violence upon another person. An assault that is not accompanied by aggravating factors such as the use of a weapon is usually classified as a misdemeanor. The aggravated assault can include an attempt to attack another person with the use of a weapon (gun or knife) or the use of hands, fists, or feet. Charging a person who uses hands, fists, or feet with aggravated assault happens most often when serious injuries have resulted. The decision of whether to charge a person with simple assault, a misdemeanor, or aggravated assault, a felony, rests with the prosecutor. The attorneys of Mooney & Associates, if contacted prior to the preliminary hearing, assist in getting the assault charge dismissed or to minimize its impact to the greatest extent possible.
A person need not be actually injuredfor an assault to have occurred, but injuries may provide circumstantial proof that the assault was aggravated as compared to simple. The extent of an injury may also prove the defendant’s intent to commit an aggravated assault such as an assault with the intent to rape or murder. The experienced criminal defense attorneys of Mooney & Associates, Attorneys at Law can establish that the prosecutor has not proved all of the elements beyond a reasonable doubt.
The prosecutor, or district attorney, shoulders the responsibility of proving beyond a reasonable doubt that the assault was committed. There are many possible defenses to an assault charge. An assault may be committed as a means of self-defense or in order to defend another person. When a reasonable person feels threatened by an attack, that person may use reasonable means to prevent injury. Sometimes an assault is committed in order to defend property. The person charged with the assault may even have had no intention of committing the assault such as with accidental actions are misinterpreted by the person claiming to have been assaulted. In many cases mitigating circumstances will exists which may reduce or negate criminal culpability. Not all cases of assault are clear-cut. This is why you need to contact the attorneys of Mooney & Associates, Attorneys at Law, to prepare an aggressive defense to your assault charges.
Being charged with assault can lead to very serious consequences, including jail time, probation or parole, significant fines, or loss of rights such as to own a weapon. The prosecutor has a great deal of discretion in deciding whether to charge you with a misdemeanor or felony. However, being convicted of a misdemeanor assault can still have serious consequences, in that it will remain on your record for life and may impact your ability to obtain a good job. If you are accused of assault, you should contact the lawyers of Mooney & Associates, Attorneys at Law, immediately to learn more about your rights, your defenses, and the legal system.