If you are charged with a crime, that does not mean that you will certainly be convicted and incarcerated. Defendants have a right to challenge the charges against them, and many defendants succeed. Your first step to defending yourself is hiring an experienced criminal defense lawyer.
After someone is arrested, they will be taken to the police station for booking and possibly questioning. If the police want to question you about the supposed crime, you do not have to answer. In fact, you may invoke your right to remain silent and demand to have a lawyer present if you do answer any questions. The authorities have a limited time in which to formally press charges before they must release you. If you are held for an unreasonable amount of time, alert your attorney immediately.
Call Kenny, Burns & McGill at (215) 423-5500 to ask our criminal defense lawyers for a free, private case review to get started.
What Happens After Someone is Arrested in Bensalem?
An arrest is the very beginning of the criminal justice process. What comes after an arrest can feel like a whirlwind, and it is essential that you contact an attorney as soon as possible.
Initial Arrest and Booking
The initial arrest might happen almost anywhere at any time. Generally, the police must have an arrest warrant, but this is not required in every situation. If the police did not have an arrest warrant when they arrested you, tell your lawyer so they can determine if a warrant was necessary.
Once you are taken into custody, you will go through the booking process. This often involves fingerprinting, mug shots, and biographical information so the police can properly identify you. The booking process is not meant to incriminate you, so it is best to cooperate and get it over with.
Custodial Interrogation
After booking, the police may want to ask you questions about the alleged crime. This is where you need to contact a lawyer for help. The police are required to inform you of your Miranda rights before they conduct custodial interrogation. These rights include your right to remain silent and to have a lawyer present during questioning.
You should immediately invoke your right to remain silent. Remember, you are not required to answer any questions from the police during custodial interrogation. Next, demand a lawyer. The police are required to give you the opportunity to call a lawyer, and you should do so right away.
Formal Charges
In Pennsylvania, the police may detain a suspect for no more than 48 hours before prosecutors must either press charges or release the suspect. This time may be a little longer if you are detained over a weekend or holiday. If you are held for longer than 48 hours without charges, demand to call our criminal defense lawyers so we can work to get you released.
FAQs About Criminal Cases in Bensalem
What Happens When Someone is Arrested for a Crime?
When a person is arrested, the police may take them into custody at the home, place of work, or almost anywhere else. Generally, the police must have an arrest warrant, though various exceptions may apply. After arrest, you may be questioned about the alleged crime. It is crucial that you invoke your right to remain silent and demand to have a lawyer before questioning begins.
What Should I Do if the Police Want to Question Me About an Alleged Crime?
The police will likely want to ask you questions about the alleged crime after they take you into custody. Remember, anything you say to the police can and will be used against you. Also remember, you do not have to answer any questions if you do not want to. If you want to answer questions, you have the right to have a lawyer present, and you can invoke these rights immediately.
How Soon Should I Call a Criminal Defense Attorney?
You should call a criminal defense attorney as soon as you are aware that the police are investigating you for an alleged crime. Even if you are not quite sure what the alleged crime might be, call a lawyer for help. For those who have already been arrested, the police typically must give you the opportunity to demand a lawyer before they question you about the supposed crime, and you should use this chance to call a lawyer for help.
Do the Police Need a Warrant to Search My Home in Bensalem?
Yes, but not always. Generally, the police must have a valid search warrant approved by a judge before they can enter private property to search for evidence. However, numerous exceptions to this rule exist, and the police may search your property without a warrant under certain circumstances. For example, if an occupant of the home gives consent to the police to search, they do not need a warrant. The police also do not need a warrant if they are lawfully present and see evidence in plain view.
How Do I Know What Evidence Prosecutors Will Use Against Me in a Criminal Trial?
While you might have an idea of what evidence the prosecutor plans to use, you may learn about all the evidence during the discovery phase of the trial. During this phase, prosecutors must provide you with all their relevant evidence so you can build a strong, effective defense. If prosecutors withhold evidence, we can ask the court to compel them to produce it.
What Are My Rights as a Criminal Defendant?
You have numerous rights as a criminal defendant. You have the right to legal representation. If you want a lawyer, the court must give you the chance to get one. You may invoke this right at any time. You also have the right to due process. This means the government must follow all the rules and provide you with fair treatment at every stage. Your attorney can advise you on the full extent of your rights.
What is a Plea Bargain and Should I Accept One?
A plea bargain is an agreement between prosecutors and the defendant. The prosecutors agree to reduce the charges or recommend a more lenient sentence, and the defendant agrees to plead guilty. This may not seem ideal, but plea bargains can help defendants facing overwhelming evidence avoid the harshest possible penalties.
What Should I Do if I Believe I Was Wrongfully Convicted of a Crime?
If you were convicted, you may file an appeal. On appeal, your attorney may argue that certain legal errors led to an unfair outcome at your trial. For example, a defendant might argue on appeal that the court erred in allowing illegal evidence to be heard by the jury. If your appeal is successful, you may be given a new trial, and the legal errors must be corrected.
Contact Our Bensalem Criminal Defense Attorneys for Legal Help Immediately
Call Kenny, Burns & McGill at (215) 423-5500 to ask our criminal defense lawyers for a free, private case review to get started.v
