It can be overwhelming to face criminal charges, but an arrest is not a conviction. You have a fundamental right to a criminal defense that no one can take away. Your best choice is to contact an experienced attorney for help right away.
The best way to fight criminal charges depends on what you are accused of and the evidence prosecutors plan to use. We might challenge the evidence head-on, or avoid a trial altogether by presenting an alibi. In the end, the key is to create enough reasonable doubt in the jurors’ minds to prevent them from reaching a guilty verdict. As we develop your defense strategies, our legal team can help you navigate the multiple hearings and stages of the case leading to your trial.
To get a private, free legal review, call our criminal defense lawyers with Kenny, Burns & McGill at (215) 774-5644.
How Do You Fight Criminal Charges?
You may have far more defense options than you realize, and choosing the strongest, most effective strategy is crucial.
Challenge the Evidence
One method is to dispute whatever evidence the prosecutor presents. We will have access to the prosecutor’s evidence before the trial during the discovery phase, and we can use this time to find flaws or weak points in the case and use them to undermine the charges.
We should also review all the prosecutor’s evidence to make sure it conforms with the Pennsylvania Rules of Evidence. If any of it does not, we can move to have it excluded from the case, and it may not be used against you in court.
Providing an Alibi
Some defendants were nowhere near the crime scene when the crime took place. If they can prove it, the prosecutor may be quickly persuaded to drop the charges.
You must have proof. Your word alone may not be enough to prove an alibi. If prosecutors do not believe your evidence and refuse to drop the charges, our criminal defense lawyers can argue your alibi to a jury and convince them of our evidence.
Raising Reasonable Doubt
When facing the prosecution and their evidence, we can present our own evidence that contradicts their claims.
As a defendant, you do not have a burden of proof. This means you do not have to prove your innocence. Instead, we must only raise enough reasonable doubt to prevent the prosecutor from meeting their burden of proof, which is proof beyond a reasonable doubt.
What Happens After Someone is Criminally Charged in Abington Township?
After prosecutors decide to prosecute charges, several hearings and proceedings may occur in somewhat quick succession. Without a lawyer, the process may be confusing and overwhelming.
Preliminary Hearing
The preliminary hearing is an early stage in the process in which prosecutors must convince a judge that there is sufficient evidence to send the case to trial.
Guilt is not determined at this stage, and the judge or a jury does not weigh the merits of the evidence. Instead, the judge must ensure there is sufficient evidence to justify moving the case forward.
If the case is especially weak, we may be able to convince a judge that there is not enough evidence, and the case might be dismissed.
Formal Arraignment
The formal arrangement comes after a judge decides that sufficient evidence exists to move the case forward. At the arraignment, defendants are officially notified of the charges against them and permitted to enter a plea. Various deadlines for things like pretrial motions and upcoming hearings may also be discussed.
Pre-Trial Conferences
These conferences are often held so that the parties and the judge can check the overall status of the case. Are further investigations needed? Are the parties still exchanging evidence? Does either side need more time to prepare? These are all things that may be discussed in pre-trial conferences.
Trial
The trial is the culmination of all our preparation and legal strategizing. Many criminal trials take only a week or so to complete, with more serious or complex cases taking a bit longer. Trials are highly formal hearings involving strict procedures. Your attorney should be able to navigate this complex process and keep the case on track.
Why You Need to Hire a Criminal Defense Lawyer
Some defendants believe they can handle their criminal charges on their own. While you are allowed to represent yourself in criminal cases, it is not advisable.
Understanding Defense Strategies
A lawyer understands how to develop effective defense strategies. Proclaiming your innocence is not a good defense strategy. We need evidence to back up those claims and compelling legal arguments to convince a jury.
Your attorney should also understand how the prosecutor’s burden of proof works and that undermining their evidence, even just a little, can have a powerful impact on the case. All we need to do is create enough reasonable doubt to prevent the prosecutor from meeting their burden.
Navigating Complex Legal Procedures
A courtroom operates according to incredibly strict and sometimes complex rules. If you make a mistake, your entire defense may be in jeopardy. An experienced attorney should be able to navigate courtroom procedures smoothly.
Holding the Authorities Accountable
If the police or prosecutors do something to violate your rights as a criminal defendant, your attorney should be able to identify the violation and raise the issue in court according to proper legal procedure.
The average person with no legal background might not even be aware that their rights have been violated if they did not have a lawyer.
Does Bail Cost a Lot of Money?
Many defendants today are released on bail without paying any money, but they must abide by strict bail conditions. However, cash bail may still be imposed in some cases, and the amount you pay largely depends on the nature of the charges and whether the court perceives you as a threat or flight risk.
How Long Does a Criminal Trial Last?
Many criminal trials last about a week. More serious cases involving more complex facts and evidence may take a bit longer. Some trials are completed in a matter of days.
What if the Police Arrest You Without a Warrant?
Warrantless arrests are legal under certain circumstances. We must make the police prove that special conditions allowing a warrantless arrest existed when they took you into custody. If they cannot, we can challenge the validity of the arrest and any evidence seized pursuant to it.
When Should You Call a Criminal Defense Lawyer for Help?
You should call a lawyer as soon as possible after you are arrested. If you believe you are being investigated, call a lawyer before you are arrested. They can help you prepare for an impending arrest and prep you on how to protect your rights.
Discuss Your Case with Our Abington Township Criminal Defense Attorneys Now
To get a private, free legal review, call our criminal defense lawyers with Kenny, Burns & McGill at (215) 774-5644.
