Perry County theft - most charges dismissed - YorkDUI.com - York, PA - DUI Lawyer - Attorney Joseph N. Gothie, Esq. - (717) 848-8455, Driving under the influence lawyer

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Perry County theft - most charges dismissed

Client charged with felony 2 offenses of theft by unlawful taking and conspiracy to commit theft. Also charged with felony 3 receiving stolen property and unauthorized use of a motor vehicle (misdemeanor 2).

Charges were reduced to single count of felony 3 receiving stolen property, and sentence imposed was near the bottom range of guidelines for client with a prior record score of 5. Guideline permitted sentence ranges of as low as 12-24 months or as high as 18-36 months on the sole remaining count. Court imposed 14-28 months. Maximum time faced by client under the sentencing guidelines as charged was 75-150 months (approximately 6-12 years).

Reference number: 326-2006 (Perry County).

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In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not "seize" the driver for purposes of the Pennsylvania or United States constitutions.
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