Being criminally charged can feel like the end of the world, but there is still life after a trial. Some defendants are able to beat their charges with the help of a qualified lawyer. Others might instead reduce their charges, thereby serving more lenient sentences.
The most important thing to remember when defending yourself against criminal charges is that you have legal rights that the government must not violate. You should be protected from illegal searches of your home or seizures of your property. You have the right to a bail hearing, and many defendants are able to secure their pretrial release. You also have the right to due process, which is a broad legal concept that essentially requires the government to play by the rules and to give you a fair hearing.
Ask our criminal defense attorneys for a free legal review when you call Kenny, Burns & McGill at (215) 423-5500.
What Rights Do I Have During a Criminal Case in Havertown?
Criminal defendants often feel as if the system is rigged against them. However, defendants have legal rights that the authorities cannot trample on or take away under any circumstances. If your rights are violated at any time, your attorney can help protect you.
Protection from Unreasonable Searches and Seizures
All people, not just criminal defendants, have a right to be protected from unreasonable searches and seizures by the authorities. This often arises in criminal cases because police conduct searches of the defendant’s private property to find evidence.
The golden rule for searches and seizures is that the police need a search warrant. These warrants must be based on some articulable probable cause that the place to be searched contains evidence of a crime. Also, the warrant must be approved by an impartial judge. If the police searched your home without a warrant, the evidence they seized might be illegal and should not be used against you.
Keep in mind that numerous exceptions to the warrant rule exist. There are circumstances in which the police do not need a warrant, and our criminal defense lawyers will make them prove that these exceptions existed in your case.
Bail Hearing
Although bail is not guaranteed for all defendants, all defendants have a right to a bail hearing. If the judge believes that you should not be released on bail, our criminal defense attorneys must make them explain why during the bail hearing. We also have the chance to push back on overly harsh bail conditions recommended by the prosecutor.
Due Process
Perhaps the most important and complex right of criminal defendants is the right to due process. These rights actually span multiple rights revolving around the trial process. In short, the right to due process encompasses the right to a fair trial and to be treated fairly under the law.
Due process includes the right to a fair trial, the right to a speedy trial, the right to confront witnesses and to obtain evidence through discovery, and many more.
FAQs About Challenging Criminal Charges in Havertown
Do I Have to Testify in My Own Criminal Trial?
No. While you may testify if you and your attorney believe it will help you undermine the prosecutor’s case, you are not required to do so. In fact, you are not required to put up any evidence at all. Keep in mind that, if you testify, the prosecutor has the right to cross-examine you, which could hurt your case more than it helps.
What Evidence Should I Present to Defend Myself in a Criminal Trial?
While you are not required to present any evidence or satisfy a burden of proof, you may present any evidence you believe helps your case as long as it adheres to the Pennsylvania Rules of Evidence. Witness testimony, records, physical evidence, phone records, and almost anything else may be used as evidence.
When am I Allowed to Call a Lawyer for Help After Being Arrested?
After you are arrested, you will be taken to the police station for booking. You might be briefly detained before the police begin questioning you about the alleged crime. At this point, the police are required to inform you of your Miranda rights, which include your right to have a lawyer present. They must give you the opportunity to invoke this right and demand a lawyer before questioning begins.
Do I Need to Have Evidence to Defend Myself from Criminal Charges?
Not necessarily. While you are allowed to present evidence in your defense, you do not have a burden of proof. As such, you are not required to present anything. Many defendants focus on undermining the prosecutor’s evidence rather than presenting their own, and this can be a strong legal strategy.
What if My Criminal Actions Are Justified?
Some defendants admit to the offenses they are accused of, but they argue that their actions were necessary or justified. The most common justification defense may be claiming self-defense in the face of violence from the alleged victim. Justification defenses may be complete defenses, meaning they negate criminal liability. However, you may have a burden of proof to meet when claiming a justification defense.
How Do I Get a Plea Agreement in a Havertown Criminal Case?
Plea agreements are common and considered standard practice in many, though not necessarily all, criminal cases. Prosecutors may offer you a plea agreement, and you should review it with your lawyer. If you do not like the offer, you can negotiate for a better one. However, prosecutors are not required to offer any plea agreement if they choose not to.
Can I Get Criminal Charges Dropped or Dismissed?
Possibly. Prosecutors may drop charges if they lack sufficient evidence to support them or as part of a plea deal with the defendant. The judge may dismiss charges if we file a pretrial motion to dismiss for lack of evidence, or for any number of other reasons. When charges are dismissed, they may be refiled by the prosecutor if they are dismissed “without prejudice.”
What Happens if I Do Not Show Up for Court?
If you miss a court date, you may be in serious trouble. Not only will the judge in your case be very upset, but your pretrial release may be in jeopardy. Missing court may be perceived as skipping bail, and the judge could alter your bail terms or revoke it and send you back to jail. If you will have trouble showing up for court, talk to your lawyer about it right away.
Reach Out to Our Havertown Criminal Defense Lawyers for Help Today
Ask our criminal defense attorneys for a free legal review when you call Kenny, Burns & McGill at (215) 423-5500.
