If you or someone you know has been charged with a crime, it is crucial that you contact an attorney for help as soon as possible. After the initial arrest, you may be taken into custody and questioned by the police, and you should have a lawyer with you to protect your rights.
Many defendants call a lawyer after they are arrested, but you can and should call sooner if you know the authorities are investigating you. Your lawyer can help you prepare for a criminal trial by developing effective legal strategies, assessing the evidence against you, and finding evidence to undermine the charges. They should also help you come up with the most effective defense strategies for your case. If you are convicted, your attorney should help you file an appeal.
Call Kenny, Burns & McGill at (215) 423-5500 and ask our criminal defense attorneys for a free, confidential case evaluation.
What Happens After Being Arrested in Pottstown?
An arrest typically begins with a warrant issued based on probable cause, which is signed by a judge. However, there are numerous exceptions to the warrant rule, and the police may arrest someone without a warrant in certain circumstances. No matter how you are arrested, talk to your attorney about whether there was a warrant.
After the arrest, you may be taken into custody for booking and questioning. The booking process involves the police collecting personal and biographical information to identify you. Custodial interrogation may follow, but you do not have to answer any questions.
Before questioning, the police must read you your Miranda rights, which include your right to remain silent and have a lawyer present during questioning.
The police may only hold you in custody for so long before prosecutors must file charges or you must be released. In Pennsylvania, the general rule is that charges must be assessed within 48 hours, or the police should let you go. You may be held for up to 72 hours if you are arrested on a Friday or weekend.
When You Should Call a Criminal Defense Lawyer for Help
People sometimes hesitate to speak with attorneys because they are unsure whether they need one or want to avoid incurring legal fees. If you are criminally charged, it is essential to hire an attorney immediately.
Contact a lawyer for assistance as soon as possible. If you have been arrested, the police must give you the opportunity to call someone. Call a lawyer before you answer questions about the alleged offense. The police should read you your Miranda rights, informing you of your right to have a lawyer present.
You may even call a lawyer for help before you are taken into custody. If you have not yet been arrested but believe you are under investigation, call a lawyer anyway. They can help you understand what is going on and whether an arrest is likely. If it is, your lawyer can help you prepare so you can be released from jail as soon as possible.
Whatever the case might be, get an attorney before your first court appearance. Appearing before a judge in any criminal proceeding without legal representation is a recipe for disaster.
How to Prepare for a Criminal Trial in Pottstown
Trial preparations may be extensive, and you should start working with your lawyer as soon as possible.
You should begin by developing an effective defense strategy. If the evidence against you is weak, a good strategy might be to wait for your trial and challenge the evidence in court. If it is truly weak, there is a strong chance that the jury will find you not guilty.
Our criminal defense lawyers should also examine what happened to you during your arrest and everything after. If the authorities did not follow proper protocol, they may have violated your rights. Such a violation could have serious implications for your case, potentially weakening the charges against you.
We should also consider gathering evidence to support our claims and counter the charges. Although we are not required to present evidence since we do not have to satisfy a burden of proof, it is a good idea to find evidence that weakens the prosecutor’s arguments.
Possible Defense Strategies in a Criminal Case
Your defense strategy is crucial, as briefly mentioned above, and you should review various defense options before deciding which direction to take.
Many cases involve evidence seized by the authorities, but the evidence is not always seized legally. If the police collect evidence from your private property without a warrant, it may be illegal. While warrantless searches and seizures are sometimes allowed, they should be treated as very suspicious.
Sometimes, the police arrest the wrong person. If you have been charged as a result of mistaken identity, you might be able to assert an alibi. An alibi defense is a very strong defense, as it may prove that you could not have committed the alleged crime.
In other cases, the defendants admit to having committed the crime but believe their actions were justified. For example, a person charged with assault might argue they were acting in self-defense, and the victim was the initial aggressor.
What to Do if You Are Convicted of a Crime in Pottstown
A conviction is not the end of a criminal case. After a conviction, defendants may file an appeal and, hopefully, be granted a new trial.
A direct appeal must be filed within 30 days of the entry of the court’s order. Your appeal should focus on legal issues you believe occurred during your trial that unfairly influenced the outcome. Almost anything could be raised on appeal, and legal errors are somewhat common.
Some common issues raised on appeal include incorrect or improper jury instructions, the introduction of inadmissible evidence, and improper lines of questioning directed at witnesses.
The appellate court will not hear new evidence or arguments about guilt or innocence. Instead, it will only consider trial court records.
Call Our Pottstown Criminal Defense Attorneys to Get Assistance Today
Call Kenny, Burns & McGill at (215) 423-5500 and ask our criminal defense attorneys for a free, confidential case evaluation.
