Criminal charges do not have mean the end of your life as you know it. Many defendants reduce or even beat their charges with help from qualified defense attorneys. Contact a lawyer immediately to get the legal help you need.
After you are arrested, you should say as little as possible to the police. Remember, anything you say can and will be used against you. If you answer questions from the police, be sure to have a lawyer present. You have a right to a lawyer, and you must invoke it as soon as possible. Serious penalties may be on the line, including heavy fines and incarceration. The sooner you contact a lawyer, the sooner they can review your case, and time is of the essence. Your first hearing may be just on the horizon.
Call Kenny, Burns & McGill at (215) 774-5644 to ask our criminal defense lawyers for a free, private case review.
What to Do After Being Arrested for a Crime
The judicial process begins with the arrest, and you should take steps to protect yourself almost immediately.
Call an Attorney
If the police start asking questions about the alleged crime, demand to call a lawyer before answering anything. You may need to go through the booking process first, where the police will take photos and fingerprints and other identifying information, but you must be given the chance to call a lawyer.
Secure Bail
If you are charged, you may be detained until your bail hearing. All criminal defendants have a right to a bail hearing, and most defendants are released on bail. Only those who are charged with extremely serious crimes, pose a significant flight risk, or pose a threat to the community may be denied bail.
You may have to abide by various bail restrictions, including curfews, avoiding drugs and alcohol, and having no contact with alleged victims or witnesses.
Build a Defense
Start working with your attorney to build a defense as soon as possible. If our criminal defense attorneys can identify strong defense options early and develop them, you may stand a better chance of beating the charges or at least avoiding the harshest penalties.
Understanding Your Rights as a Criminal Defendant in Cheltenham Township
Criminal defendants are not completely at the mercy of the government. You have fundamental rights that no police officer or prosecutor can take away.
Right to a Lawyer
If you want a lawyer, you must be given the chance to hire one. A criminal court may not move forward with the case if an unrepresented defendant demands a lawyer.
This is a fundamental right and is often regarded as one of the most important. If you demand a lawyer but are denied by anyone, keep making demands until you get a lawyer. This right is so important that courts are often wary of allowing defendants to proceed without legal representation.
Miranda Rights
Your Miranda rights kick in when you are questioned by the police about the alleged crime while in custody. These rights include the right to remain silent and refuse to answer any questions. Your silence may not be used to incriminate you. You also have the right to have a lawyer with you if you agree to answer questions from the police.
It is crucial to invoke these rights clearly, directly, and immediately. Avoid answering questions from law enforcement on your own.
Due Process
Your due process rights represent various rights that revolve around legal proceedings being fair. Being able to see the prosecutor’s evidence during discovery, cross-examine witnesses against you, and your right to legal counsel are all wrapped up in your right to due process.
Possible Criminal Penalties
Possible criminal penalties are a top concern among defendants, and understanding what you are up against may help you when you are developing effective defense strategies.
Fines
Many convictions result in heavy fines. People often associate fines with things like citations or traffic tickets, but they often accompany convictions ranging from misdemeanors to serious felonies. Fines may range from a few hundred dollars to tens of thousands of dollars for more serious convictions.
Incarceration
Time behind bars is a real possibility when facing criminal charges. Even misdemeanors could result in a few years in jail. Serious felonies may lead to decades in prison. The exact amount of time you might face in jail or prison depends on your specific combination of charges and how they fit within the Pennsylvania Sentencing Guidelines. This is a complex determination, and your attorney can help you determine your potential penalties.
Probation
Some defendants may avoid jail time in favor of probation. Instead of going to jail, you may have to check in with a probation officer regularly, abide by specific restrictions set by the court, and participate in community service programs. If you violate any of these terms or commit a new crime, your probation may be revoked, and you could be sent to jail to finish out your sentence.
What Should You Say to the Police After Being Arrested?
Say nothing to the police after you are arrested other than details about your identity. You have the right to refuse to answer questions from the police about the alleged crime while you are in custody.
What Happens When a Defendant is Released on Bail?
When released on bail, defendants must abide by the terms and conditions imposed by the court. Failure to follow these rules may trigger a probation violation hearing, and your bail could be revoked, meaning you would have to remain in jail while your case is pending.
Do You Have to Present Evidence as a Criminal Defendant?
No. Defendants do not have a burden of proof and are not required to present any evidence. However, evidence may play a role in our legal strategy, and we may still present strong evidence in your defense.
How Do You Negotiate a Plea Agreement?
The prosecutor may offer a plea deal, and we can negotiate for better terms if the offer is not very good. We can ask the prosecutor to reduce the charges further or request the judge to impose a more lenient penalty in exchange for your guilty plea. Our strongest negotiation tactic may be to leverage evidence that counters the prosecutor’s claims.
Contact Our Cheltenham Township Criminal Defense Lawyers for Legal Help Now
Call Kenny, Burns & McGill at (215) 774-5644 to ask our criminal defense lawyers for a free, private case review.
