When you are charged with a crime, you should get the help of a defense lawyer as soon as you can. You can even speak with an attorney before being arrested if you are under investigation.
Your case begins the moment you interact with law enforcement. This usually happens during an arrest, but police might question you during an ongoing investigation without being place in custody. Either way, you want a lawyer handling the case. We can assess the prosecution’s evidence, your prior criminal history, if any, and develop defense strategies to fight the charges. We can also present evidence during your bail hearing to help get you released without a financial penalty.
Call (215) 423-5500 today for a free case review with our criminal defense attorneys at Kenny, Burns & McGill.
What Happens When You Are Arrested in Chester County
There is a general process when someone is arrested in Chester County. However, suspects have rights, and constitutional rules must be followed for the arrest to be valid and to obtain evidence legally. As such, you should know what to do and your rights if placed in custody.
When the Police Can Make an Arrest
In some cases, judges approve arrest warrants for a suspect. Arrest warrants must be supported by probable cause, stating the suspect’s name and reasons for the arrest. The police might request the warrant, or a grand jury could after investigating a case.
More often, the police arrest a suspect without a warrant but have an exception to the rule. Under 42 Pa.C.S. § 8902(a), the police can make a warrantless arrest if they have probable cause to believe a person’s conduct is endangering the another’s safety or private or public property.
Either way, do not resist arrest if the police are placing you into custody. You can still be charged with resisting even if the arrest turns out to be illegal.
Processing After an Arrest
After most arrests, suspects will be booked and held for police questioning.
During booking, the police gather the suspect’s identifying information, such as name, address, and date of birth. While you should exercise your right to remain silent, answering these questions is generally okay unless it leads to questions about the alleged incident.
It is a custodial interrogation once the police start asking about the alleged crime. However, they must tell you your Miranda rights before that, including your right to have an attorney present and to remain silent.
After the police read you your Miranda rights, immediately request a lawyer. The police must then stop the interrogation until they are present. If your rights are ignored and questioning continues, we can file a motion to suppress the responses so they cannot be used against you.
Custody Time
The police can generally detain a suspect for up to 48 hours without filing charges. If they do not file charges by then, they must release you, unless it is the weekend. You might be held for up to 72 hours or more since weekends and holidays do not count against this time.
If charges are filed, suspects will likely be held until their arraignment before a magistrate judge, which usually happens within six to 12 hours after an arrest.
Bail can be argued for during the arraignment. The judge will inform you of the charges against you and your rights and provide a copy of the criminal complaint. A preliminary hearing date will then be set. Whether you are held for court depends on the charges and any past convictions.
When to Contact a Lawyer in a Chester County Criminal Case
Ideally, you should speak to a lawyer as soon as possible after being arrested. Some people hesitate to call a lawyer because of the legal fees, but not having one could cost much more. Misdemeanor convictions are punishable by hundreds of dollars in fines and potential jail time, while felony convictions often carry thousands of dollars in fines and imprisonment.
Perhaps you are aware that a grand jury is investigating you or the police request you come in for questioning but not under arrest. It is wise to contact an attorney before an arrest occurs. We can get information on the investigation and whether being arrested is likely. This way, you will be prepared for whatever comes next.
In any case, you should absolutely get a lawyer before your arraignment or preliminary hearing. If you are unrepresented during your initial hearing, you could say something incriminating on the record, which the prosecution can use against you. Or, you might accept a worse plea deal than one a lawyer could have negotiated.
Posting Bail for a Crime in Chester County
Most people believe that they must pay bail to get out of jail. However, there are actually several forms of bail, many that do not require payment, which is why you want a lawyer arguing on your behalf.
If this is your first arrest or the charges are relatively minor, we can argue that you should be released on your own recognizance. If granted, you will be released upon a promise to appear later in court.
You can also be released on non-monetary conditions that you must adhere to. For instance, you could be granted non-monetary bail on the condition of house arrest or not interacting with certain individuals.
Judges typically consider the offense’s severity, your ties to the community, criminal record, and whether you are at risk of running. We can present evidence during the bail hearing to address these issues.
If bail is too expensive, we can request a bail reduction hearing to lower it. When bail is set and cannot be lowered, a bail bondsman can help by paying 10% of the amount. However, you must appear for you court date or forfeit your payment.
Call Our Chester County Criminal Defense Lawyers Today for Help
Contact (215) 423-5500 for a free case review with Kenny, Burns & McGill’s criminal defense lawyers.
