At Kenny, Burns & McGill, we pride ourselves on our capacity for aggressive criminal defense. Our passionate and knowledgeable attorneys are not afraid to directly question law enforcement and evidence in court.
When a person is charged with a crime, they are entitled to a public defender, free of charge. This can be tempting, but you should get a second opinion about your case from a private attorney. A private criminal defense lawyer often has more time and greater resources to dedicate to your case. Our legal team will examine your case and charges from every angle to determine the best possible defense strategy.
Call Kenny, Burns & McGill at (215) 423-5500 to ask our criminal defense attorneys for a free legal review to begin your case.
Should You Hire a Private Criminal Defense Attorney?
We recently had a client come to us who had been arrested and was being held on $750,000 bail. This client had serious charges against him: he had been accused of shooting a fellow citizen while being prohibited from possessing a firearm due to his status as a convicted felon. Our client was hit with many charges, including aggravated assault, simple assault, gun charges, and even drug charges.
Your Right to a Public Defender
This client was initially assigned a free public defender who secured a “deal” for him, proposing to waive his right to a preliminary hearing in exchange for dropping the assault charges against him. Luckily, this client chose to get a second opinion from the team at Kenny, Burns & McGill.
Benefits of a Private Defense Attorney
Private defense attorneys often have lighter caseloads than public defenders, so they have more time and resources to invest in individual cases. A private defense lawyer can spend more time reviewing the facts of your arrest and evidence from law enforcement to develop effective defense strategies.
Criminal Defense Attorney Thomas Kenny recommended not giving up the chance to cross-examine the prosecution’s witnesses. The client, having faith in this aggressive approach, declined the deal and opted to proceed with the preliminary hearing.
At the hearing, after the District Attorney questioned the arresting officer, Attorney Kenny was confident that he could cross-examine this witness in a way that would benefit his client. His key to success was simple—ask direct questions to expose the weaknesses in the case against the defendant.
Your Lawyer’s Dedication to Your Case
Public defenders often handle so many cases at any given time that they sometimes cannot give each the attention it needs. While a public defender may look for the fastest way to resolve your case, a private lawyer should invest as much time as necessary to get you the best outcome.
The prosecution’s case hinged on a video of a man brandishing a gun on the streets of Kensington, and some shell casings found at the scene. The alleged shooter had striking purple sneakers and a car with Georgia plates, both distinctive in Philadelphia. The police had followed the car to an apartment and recovered drugs, identification, and clothes matching the alleged shooter.
Criminal Defense Lawyer Kenny began by questioning the officer about the identity of the person in the video, which revealed that law enforcement could not positively identify the individual. Attorney Kenny then strategically raised the issue of traffic warrants, which caught the officer off guard; he didn’t know whether the defendant had any warrants, or whether anyone had even checked for warrants against our client.
Putting Up the Strongest Defense Possible
The officer’s testimony regarding the shell casings, a crucial piece of evidence, unraveled under Attorney Kenny’s scrutiny. The officer admitted that Kensington is a high-crime area and that law enforcement could not confirm whether the casings were from this specific incident. With no identifiable witness, medical records, or testimony from a shooting victim, the assault charges began to crumble.
In a bold move, Criminal Defense Attorney Kenny directed the court’s attention to the video once more, asking if there were any muzzle flashes indicating a fired gun. The officer conceded that no flashes were visible; this may imply that the gun was never actually fired, adding another layer of doubt to the prosecution’s case.
It can take time to determine the strongest possible defense for your case. You need a private defense lawyer who can dedicate the time, effort, and resources your case needs.
Defense Outcomes
This vigorous defense had a great outcome; the judge agreed with Attorney Kenny and dismissed every assault charge. This case seemed so stacked against our client that he was initially urged to waive some of his rights in hopes of leniency, but the power of an aggressive defense attorney upended everything, turning the case into chaos for the prosecution.
Fighting criminal charges will not be easy. Defendants often face tough evidence, and claims of law enforcement tend to carry a lot of weight in a courtroom. A private defense lawyer should be able to fully dedicate themselves to your case so that all possible defense tactics are considered before selecting the strongest one.
We Listen to Our Clients
At Kenny, Burns & McGill, we’ve learned a crucial lesson over our many years of practice: always listen to your clients. It might sound obvious, but many attorneys think they know more than their clients and that clients should just do whatever they say.
Recently, we handled a DUI case that perfectly illustrates why listening to your client is so important. Our client insisted from day one that his case was in the wrong county. Specifically, he was pulled over and arrested in one county but processed and charged in another.
Examining Jurisdictional Issues
One of the most important issues in almost any criminal case is the location of the alleged crime. Where the offense is supposed to have occurred may determine jurisdiction. If authorities from the wrong jurisdiction attempt to bring criminal charges against you, your attorney can quickly speak up on your behalf.
Understanding the Limits of Law Enforcement’s Authority
In Pennsylvania, law enforcement officers generally only have jurisdiction within their own county. An arrest made outside an officer’s jurisdiction can potentially be deemed illegal, leading to evidence suppression or even case dismissal.
This is a fundamental aspect of criminal procedure that protects citizens from overreach and ensures proper authority in law enforcement. Even state and federal law enforcement agencies with broader jurisdiction must be careful to file the charges correctly and in the proper court.
Getting Details About Where a Defendant Was Arrested
Now, it would have been easy to brush off our client’s claim as confusion or an attempt to duck responsibility. But that’s not how we operate at Kenny, Burns & McGill.
Listening to clients about when, where, and how they were arrested is crucial. Their stories often contain critical details that can be used to challenge law enforcement’s claims. When beginning your case with our criminal defense attorneys, there will likely be very long conversations about the supposed offense, the location, and everything that happened leading up to your arrest.
Analyzing the Evidence
Evidence will not simply fall into our laps. We must go out and get it. Knowing how and where to fund evidence is tricky, and it is not always available when we need it. As such, you need a lawyer with the skills and experience needed to find strong evidence that undermines the prosecutor’s claims.
How a Defense Attorney May Conduct Their Own Investigation
We took our client’s assertion seriously and thoroughly investigated it. Internally, we analyzed dashcam footage of the traffic stop, compared it with satellite imagery and GPS data, and overlaid the results on a map of the county borders.
Armed with our preliminary results, we hired an expert to prepare a formal report acceptable to the court. Lo and behold, the expert’s conclusion aligned perfectly with our client’s account and our in-house investigation: the arrest had indeed occurred in a different county than the one where the charges were brought.
Challenging the Evidence in Court
Following the rules of evidence, we provided the expert report to the Commonwealth. Their own expert reviewed it and agreed with our findings. The result? The Commonwealth is withdrawing its entire case against our client.
This outcome is huge. Our client was facing a mandatory jail sentence and other serious consequences if he had been convicted. By listening to him, understanding the legal implications, and conducting a thorough investigation, our team secured the case’s withdrawal.
The lesson here is clear: listen to your clients, investigate diligently, and prepare for battle every time. Good results come from careful preparation.
How to Challenge the Evidence Against You
As shown from the client stories above, challenging the prosecution’s evidence is a major part of your defense. Since evidence is unique in each case, each defendant requires an individually tailored defense strategy.
Examine How the Arrest was Executed
Perhaps the biggest issue we should examine is whether the police had a valid arrest warrant. Generally, arrests require a warrant issued by an impartial judge, and the warrant must be supported by sufficient probable cause. If no warrant exists, the police may try to claim a special exception that allows them to execute a warrantless arrest.
In such cases, we must make the authorities prove that they either had a warrant or a valid exception to the warrant rule existed.
Demanding Evidence During Discovery
During the discovery phase of a criminal trial, prosecutors are legally required to hand over all relevant information and evidence to the defense. If we believe that prosecutors have evidence they have not turned over to us, we can request that they do so.
If prosecutors refuse to produce certain evidence during discovery, we may ask the court to compel production. Continued refusal may lead to serious penalties against the prosecutors.
We must also fight for access to all possible evidence that may be used against you. This way, we are better able to build the strongest defense possible.
Presenting Counter-Evidence
While a criminal defendant is not required to present any evidence, as they do not have a burden of proof, that does not mean you should not do so.
If we know of evidence that undermines the charges against you or tends to prove your innocence, we must present it in court. This often means that defendants and their attorneys must conduct their own investigation to find evidence.
Possible Outcome of a Criminal Case in Levittown
Your defense lawyer should examine the facts and evidence of your case to determine likely outcomes. Your attorney should be able to determine the best possible outcomes and develop a legal strategy to achieve that outcome.
Beating the Charges
It may be possible to defeat the charges completely. Prosecutors must provide enough evidence to prove the case “beyond a reasonable doubt.” This is an incredibly high burden of proof, and prosecutors do not always have all the evidence necessary to meet it.
To defeat the charges, we must raise reasonable doubt in the minds of jurors. If there is any reason for them to doubt your guilt, they must find you not guilty.
Accepting a Plea Deal
In some cases, prosecutors have overwhelming evidence, and it is highly unlikely that a defendant can beat the charges. Even so, that does not mean you should give up.
Prosecutors are often willing to negotiate plea deals with defendants, allowing them to plead guilty to lesser charges and receive more lenient sentences.
If a plea deal is best for your specific case, your defense attorney should work to get you the best one possible.
Guilty Verdict and Appeals
If you are found guilty, your fight is not over. Criminal defendants have a right to file a direct appeal and possibly receive a new trial. On appeal, your lawyer should raise specific legal errors that occurred during the initial trial. If these errors are shown to have unfairly impacted the outcome of the trial, a new trial may be ordered, and you may have a second chance to fight the charges.
FAQs About Fighting Criminal Charges in Levittown
Should I Hire a Private Criminal Defense Lawyer?
Yes. While criminal defendants have a right to a public defender free of charge, public defenders are often overwhelmed by huge caseloads, and they might not be able to dedicate as much time and effort to your case as a private attorney.
How Can You Challenge Criminal Charges in Levittown?
Challenging criminal charges generally involves reviewing evidence, investigating counter-evidence, and scrutinizing the actions and procedures taken by the authorities in your case. If there is insufficient evidence to support the charges, or the authorities violated your rights during their investigation, we may build a strong defense.
What Should a Criminal Defense Lawyer Do to Help You?
A good defense attorney should listen to their clients, conduct independent investigations, and challenge the government’s authority. Remember, a big part of building a defense is checking the powers of prosecutors and police, and making them play by the rules.
What Happens if A Criminal Defendant is Found Guilty?
If a defendant is found guilty, they have the right to file a direct appeal and argue that legal errors during the initial trial unfairly influenced the outcome. If successful, a convicted defendant may receive a new trial.
Do You Have to Present Evidence in Your Defense in a Criminal Case?
No. Defendants do not have the burden of proof and are not required to present any evidence. However, if we know of evidence that supports your claims or undermines the prosecutor’s claims, we should present it.
Contact Our Levittown Criminal Defense Attorneys for Help Now
Call Kenny, Burns & McGill at (215) 423-5500 to ask our criminal defense attorneys for a free legal review to begin your case.
