Most people do not know what to expect after being arrested. To know what charges you are facing and what steps to take moving forward, you should get the help of an experienced defense attorney.
You must appear at several hearings where evidence will be presented, and witnesses questioned. If you are unsure what to do, you might make a mistake that the prosecution can use against you. Our team can review the evidence and help negotiate a plea deal if the case against you is strong. If we go to trial and you are convicted, we can argue for a lower sentence and appeal your case to a higher court.
For a free case assessment with our criminal defense lawyers, contact Kenny, Burns & McGill today at (215) 423-5500.
The Preliminary Stages of a Criminal Case in Doylestown
Unlike movies and television, criminal cases do not jump from arrest to trial but have many crucial preliminary stages beforehand. Handling the initial phases of your case without the help of a criminal defense lawyer is ill-advised. Bail could be denied, and it is easy to make incriminating statements when representing yourself, setting the tone for the rest of your case.
The Arrest
Most cases begin when the police make an arrest. In some cases, an arrest warrant supported by probable cause is issued. More often, the police make warrantless arrests based on probable cause that a crime is occurring.
Our team we review the arrest to determine if the police had probable cause to search and arrest you. If the warrant was unspecific or the police did not have a legal exception absent a warrant, we might be able to keep the prosecution from using the illegally seized evidence.
The police must follow other constitutional procedures while you are in custody, such as reading your Miranda rights before interrogating you about the alleged crime. You have a right to have your attorney present during custodial interrogation and should before answering any questions.
The Preliminary Arraignment
You will typically have a preliminary arraignment before a Magisterial District Judge (MDJ) within about six to 24 hours of your arrest if the police hold you.
The MDJ will inform you of your rights, provide the criminal complaint detailing the charges, and set a date for a preliminary hearing.
The MDJ will also determine whether or not to grant bail. Depending on the circumstances, they might release on your own recognizance without having to pay bail. However, if you have been charged with a violent crime, gun possession, failed to appear in court before, or it is not your first offense, you might be held for your preliminary court date.
Our team can present evidence and make arguments for your release. We can stress your community and family ties and provide the court with assurances on your appearances in court later.
Preliminary Hearing
Th preliminary hearing acts as a sort of mini trial, which will usually be set within ten days of your arraignment.
Instead, an MDJ will determine if you are the person arrested for the incident and whether the police had probable cause that you committed the alleged offense. A lawyer from the District Attorney’s Office can submit evidence and call witnesses, like the arresting officer or alleged victim, which they must turn over to our lawyers.
We can also cross-examine the DA’s witnesses and present evidence of our own.
However, your guilt will usually not be decided here. The MDJ only determines if there is sufficient evidence to send your case to the Court of Common Pleas. If the DA representative cannot make a prima facie case, the MDJ will dismiss the case. The MDJ can also decide to hold the defendant in custody based on the evidence.
In many cases, the DA will not have all the evidence they need by the first preliminary hearing and will request a continuance. However, the MDJ will likely dismiss the case without prejudice, meaning the DA can refile the charges at a later date, if the DA is still not ready by the third preliminary hearing.
The Pretrial Stages of a Doylestown Criminal Case
If the case is held for trial, a few hearing dates will be scheduled before proceeding to trial. These court dates will usually occur about a month or two from your preliminary hearing.
The Formal Arraignment
The formal arraignment is where you will plead not guilty or guilty. We will also be given an “information,” which is a document detailing the exact offenses charged. In some cases, the DA might add or withdraw charges depending on the evidence they have.
Depending on the seriousness of the offense, we might have negotiated a plea deal by this time. If the judge accepts it, you will typically plead to reduced charges and your case will move directly to sentencing. If a plea agreement cannot be secured or you plead not guilty, another hearing date will be set to prepare for trial.
The Pretrial Conference
Many of the procedures discussed in the formal arraignment will occur at the pretrial conference. Basically, it is the last chance to work out a deal with the prosecution or get the case dismissed before the trial.
The Trial Phase of a Criminal Case in Doylestown
At the pretrial conference, you can usually decide if you want your case tried by a jury or by a judge in a “bench” trial. If you choose a jury trial, our lawyers and the DA’s can question potential jurors about their beliefs and backgrounds to make our selections.
Once the jury is selected, the trial will either begin or set for a date soon after. In many cases, it is better to have a jury trial since it is arguably easier to introduce reasonable doubt into the prosecution’s case with one out of 12 jurors, rather than one experienced judge.
After closing arguments, the jury will deliver a verdict on the defendant’s guilt. If found guilty, the court will usually set a sentencing hearing date.
During sentencing, we make arguments to reduce the penalties, unless there are mandatory minimum sentences.
After sentencing, you have the right to appeal your case to the Pennsylvania Superior Court.
Call Our Doylestown Criminal Defense Lawyers for Help
Call Kenny, Burns & McGill at (215) 423-5500 for a free case review with our criminal defense attorneys.
