Criminal charges can be difficult to deal with, but they are not impossible to overcome. A lawyer should assist you in evaluating the charges and developing the most effective defense strategy possible. Exactly what this looks like will depend on your charges and the facts of your case.
Criminal charges span a broad spectrum of criminal offenses. You might face charges for minor summary offenses, or more serious misdemeanors or felonies. Penalties for charges vary based on how they are classified. Some charges might carry minimal jail time, while others might land a defendant in prison for decades. Remember, even when criminal charges are severe, you have the right to defend yourself, and a lawyer can help you.
Request a free initial case review by calling our criminal defense lawyers with Kenny, Burns & McGill at (215) 423-5500.
How Can I Be Criminally Charged in Bethlehem?
Criminal charges vary greatly. How you are charged not only determines what kind of penalty you might face, but also what defense strategies may be the most effective.
Summary Offense
A summary offense is perhaps the least severe type of charge you might face. Summary offenses rarely result in jail time and more often lead to fines. You likely will not even have a trial for a summary offense. Even so, if the fine is too great or you wish to refuse the summary offense, an attorney can help you.
Misdemeanors
Misdemeanor charges are not the most severe charges on the books, but they can still pack a punch. Misdemeanor charges are divided into three subcategories: first, second, and third-degree misdemeanors.
A third-degree misdemeanor may carry a jail term of up to 1 year. Second-degree misdemeanors may lead to a sentence of up to 2 years. Finally, first-degree misdemeanors may lead to up to 5 years in jail.
Felonies
Felonies are the most serious charges possible, and they often lead to extremely harsh penalties. Like misdemeanors, felonies may be charged in the first, second, or third-degree. Third-degree felonies may lead to up to 7 years in prison. A second-degree felony may carry a sentence of up to 10 years in prison. A first-degree felony, arguably one of the most severe charges you might face, may be penalized with up to 20 years in prison.
Can I Secure Bail Before My Criminal Trial?
Early in the trial process, you should have a bail hearing. Although this hearing happens early, you should hire a lawyer to help you.
Pretrial Release Conditions
Although bail is not guaranteed, it is granted for most defendants. The court may impose various bail terms, conditions, and restrictions that you must abide by. If you violate these terms, your bail could be altered or revoked. Common bail terms include curfews, regular check-ins with law enforcement, prohibitions on firearms or weapons, and staying away from victims. Our criminal defense lawyers can argue for the least restrictive conditions possible.
Cash Bail
Most people may still think of bail as something financially expensive. However, times have changed. Today, courts avoid cash bail unless absolutely necessary. Instead, courts are more likely to impose numerous bail restrictions and release defendants without requiring them to pay a sum of money. However, if a judge believes the defendant will not appear in court unless money is on the line, they may impose cash bail.
Released on Your Own Recognizance
Many defendants are released on their own recognizance. This means that the defendant is released on bail with few restrictions and no financial costs. Instead, defendants are expected to return to court and comply with court orders of their own volition. This is common in cases where charges are less severe, or the defendant is not a serious flight risk or threat to the community.
FAQs About Fighting Criminal Charges in Bethlehem
How Serious Are Misdemeanor Charges?
Misdemeanor charges are generally considered more severe than summary offenses, but not quite as serious as felonies. Misdemeanor charges often carry several years in jail as a potential penalty, so they are not to be disregarded. First-degree misdemeanors may carry a sentence of up to 5 years in jail.
Are Felony Charges Always Severe in Bethlehem?
Generally, yes. Felonies carry the harshest sentences and are widely considered the most severe criminal charges in Pennsylvania. Even so, felonies are not all the same. Felonies of the third, second, and first degree carry different penalties. It should be noted that first-degree felonies may lead to prison terms of up to 20 years.
Should I Always Plead Not Guilty to Criminal Charges?
It is usually a good rule of thumb to plead “not guilty” if you plan on fighting your criminal charges. However, some defendants choose to plead guilty because they do not want to go to trial or because they have reached a plea agreement with the prosecutor. If you are not sure what to do, plead “not guilty.” If you change your mind later, you may change your plea at almost any time. However, if you plead “guilty,” it might be harder to change your plea later.
Why Do I Need to Hire a Criminal Defense Lawyer?
A criminal defense lawyer can help you from the moment you are arrested to the moment your trial ends. They can protect you from the police overextending their authority and from prosecutors who try to use illegal or unreliable evidence. On top of that, your attorney should be able to determine the strongest defense strategy for your case.
Do I Have to Present Evidence in My Defense in a Criminal Trial?
Not necessarily. While you may present evidence to defend yourself, you are not required to because defendants do not have a burden of proof. Prosecutors are required to present enough evidence to prove a defendant’s guilt “beyond a reasonable doubt.” If the prosecutor cannot meet this burden, they cannot secure a conviction even if the defendant presents nothing in their defense.
What Evidence Should I Have to Defend Myself Against Criminal Charges?
If you choose to present evidence in your defense, you may include anything that you feel is relevant to the case and tends to disprove or undermine the prosecutor’s case. This might include witnesses who can testify about your lack of involvement in the crime. We might also present evidence showing you were not even at the crime scene, such as security camera footage or geo-tracking data from certain electronic devices.
Will I Go to Jail if I am Charged with a Crime in Bethlehem?
Not necessarily. If you are charged with a crime, you will not automatically be sentenced to jail. You must be convicted first. However, if you are arrested for a crime, you may be detained in jail until you are released on bail, although this is not the same thing as being sentenced to a term of incarceration.
What Should I Do if I Was Wrongfully Convicted of a Crime?
If you were convicted, your attorney may file a direct appeal of your conviction within 30 days of the final order entered by the court. The appeal must contain details about legal errors you believe occurred at the initial trial that caused an incorrect or unfair outcome. If you succeed, the appellate court may reverse your conviction and grant you a new trial.
Get Help Today from Our Bethlehem Criminal Defense Lawyers
Request a free initial case review by calling our criminal defense lawyers with Kenny, Burns & McGill at (215) 423-5500.
