Being charged with a crime can feel like a nightmare, but hope is not lost. You have certain rights as a criminal defendant that the government cannot trample on. You can and should hire an experienced lawyer to help you fight the charges.
You might have multiple defense strategies worth exploring, and your attorney can help you determine which is most effective. You might be able to get the charges dropped if you have a strong alibi. You might instead undermine the criminal elements of the charges in court. Still, even if you do nothing at all, prosecutors cannot secure a conviction if they do not have enough evidence. Remember, your best resource during this difficult time is your lawyer.
Contact our criminal defense attorneys for a free case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
How Do I Fight Criminal Charges in Ardmore?
There may be more than one way to fight your charges, although each defense strategy may come with different advantages and drawbacks. Your lawyer should advise you of all your defense options and help you decide the best way forward.
Insufficient Evidence
For prosecutors to secure a conviction, they must have enough evidence to meet their burden of proof. In criminal trials, this burden is “proof beyond a reasonable doubt.” This is a very difficult burden to meet, and prosecutors do not always have as much evidence as they think they do.
If prosecutors have such insufficient evidence that they could not possibly meet their burden of proof, our criminal defense attorneys can file a motion to dismiss the case for a lack of evidence. If the judge agrees, your case could be dismissed because there is not enough evidence to prove any charges.
Alibi
Defendants are sometimes charged due to mistaken identity. The evidence might point to you at first glance, but you might be able to explain that you were nowhere near the crime scene when the crime allegedly occurred. A solid alibi may convince prosecutors to completely drop the charges. If the prosecutors cannot be convinced, the judge might be, and we can file a motion to dismiss the case.
Undermining Criminal Elements
You have a right to a trial, and you may be able to fight the charges and undermine the prosecutor’s case at this time. To prove the case against you, prosecutors must sufficiently prove each criminal element of each charge. Criminal charges often have multiple elements that must be proven. If we can undermine even just a few crucial criminal elements during the trial, the jury may be convinced to render a verdict of “not guilty.”
FAQs About Ardmore Criminal Cases and Criminal Charges
What Should I Do if I am Arrested?
If you are arrested, remain calm and do your best to cooperate with law enforcement. Even if you believe your arrest is unjust, you should not resist the police. However, you do not have to say anything to the police or answer any questions. In fact, you should avoid answering questions unless you have a lawyer present.
What Do I Do if the Police Enter My Home?
If the police knock on your door and want to search your home for evidence, ask to see a search warrant. If the police have a search warrant, you are legally obligated to let them in to conduct a search. If they do not have a warrant, you are allowed to refuse the police entry, and you should turn them away.
How Do I Know if I am Being Investigated for a Crime?
You might not know that you are being investigated by law enforcement until they arrive at your door with handcuffs. However, you might be tipped off to the investigation by people around you, who the police might have questioned about your alleged criminal activity. In some cases, the police directly contact suspects about the case, so suspects know they are being investigated from the start.
How Soon Should I Call a Criminal Defense Lawyer?
Call a criminal defense attorney as soon as possible. If you have already been arrested, demand to call a lawyer as soon as the police will let you. This usually happens sometime after the booking process. If you have not yet been arrested but believe you are being investigated, call a lawyer now. The sooner your attorney gets involved, the better they can protect you.
How Long Do Criminal Trials Take?
The time it takes for a criminal trial to complete will vary from case to case. More severe cases, such as those involving serious felonies, tend to take longer. Investigations may be more thorough, and attorneys may introduce more extensive evidence. Less serious offenses, like low-level misdemeanors, may be completed faster. Generally, many trials take a week or somewhat longer to finish, although your trial might not commence until months or even a year after your initial arrest.
What Does the Right to Due Process Mean for Criminal Defendants?
Due process is one of the most important rights a criminal defendant has. It guarantees numerous protections, including the right to a fair trial and fair legal proceedings. This encompasses numerous factors, including the right to confront witnesses, the right to a speedy trial, and the right to know the evidence being used against you. If this right is violated, your attorney should raise the issue immediately.
What Happens if My Rights Are Violated During a Criminal Trial?
If any of your rights are violated by the authorities, you should inform your lawyer immediately. Often, defendants do not realize their rights have been violated until their attorney points it out. In some cases, these violations may be corrected, and the case can move forward. In others, evidence seized in violation of your rights can be thrown out. Still, if the violation is too severe to overcome, the entire case could be dismissed.
Do I Have to Have a Trial if I am Charged with a Crime in Ardmore?
Not necessarily. You have a right to a trial, but you may waive it for several reasons. First, many defendants choose to accept plea bargains, pleading guilty to reduced charges, thereby making the trial unnecessary. Others might get their charges dropped or dismissed with the help of their lawyers before the trial. Your lawyer can advise you of your trial rights and alternative options.
Receive Legal Help from Our Ardmore Criminal Defense Lawyers Now
Contact our criminal defense attorneys for a free case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
