If you were charged with a crime in Lower Merion, our attorneys can help. Facing criminal charges can be confusing and scary, especially if you are accused of something you did not do.
From serious DUI charges to domestic violence, drug distribution charges, weapons crimes, and sexual abuse, all the way to the most serious crimes, like murder and manslaughter, our lawyers can help. We represent defendants from all walks of life and work to help them get a fair trial and come away with reduced sentences and dropped/dismissed charges.
For a free case evaluation, call Kenny, Burns & McGill’s criminal defense lawyers at (215) 774-5644.
What Happens After You Get Arrested?
Immediately after arrest, your case has already begun. These are the major steps you can expect in your case, and you should call a criminal defense lawyer to help with them as soon as you can:
Arraignment
Once you have been formally charged, you will face an arraignment. This is where they read your charges do you and ask how you plead.
If you want to continue your defense, you need to plead “not guilty.” Pleading guilty ends your case, sends you straight to sentencing, and skips your ability to work out any plea deals or sentencing agreements.
Bail
At a bail hearing, the judge determines whether you can be let go on bail or have to stay in jail while you await trial. Pretrial detention is only supposed to be used when the defendant is a serious risk to the community.
Otherwise, payment of some amount or partial payment of bond is often required if there is a risk of you failing to return to your next court date, usually based on low ties to the community or a history of past flight. If there is no reason to believe you will not show up to your next court date, bail should be “ROR” (release on your own recognizance).
Pretrial Hearing
Many cases have a pretrial hearing where you will get a chance to examine some of the evidence against you and hear the government’s initial case. They must prove, at this stage, that they have probable cause to charge you, or else the judge dismisses the charges.
If they succeed in this burden, the case is “held over” for trial. Often, pretrial hearings can be waived as part of an application for diversionary programs like ARD or as part of plea negotiations.
Discovery
The police must turn over all evidence they have before trial. There are technical rules about this, and failing to turn over evidence that could tend to prove your innocence is a constitutional violation.
Trial
At trial, we can challenge the testimony and evidence against you and put on our own witnesses and evidence. The goal is just to provide enough reasonable doubt to win the case; we do not typically have to prove or disprove anything.
Sentencing
If you plead guilty or lose at trial, the case goes on to sentencing. A sentencing report is prepared, and the judge sentences you.
The prosecution cannot promise any sentences; it is always up to the judge. However, the prosecutor can recommend sentences, and judges often follow those recommendations, especially if they are part of a negotiated plea agreement.
Applying for ARD for Criminal Charges in Lower Merion
In Pennsylvania, first-time offenders can often apply to Accelerated Rehabilitative Disposition programs, known as ARD. These are administered at the county level, which means using Montgomery County’s ARD if you were charged in Lower Merion. If you were charged in a nearby town, you may need to apply through Delaware or Chester County.
Usually, to apply to ARD, you have to
- Waive your preliminary hearing.
- Submit an application to the county’s ARD office within the DA’s office.
- Enter a conditional guilty plea that is expunged if you perform all requirements.
- Pay fines and costs.
- Complete mandatory community service and other programs (e.g., drug abuse or anger management).
The requirements for each case are different, and ARD is not available for all cases, so talk to a lawyer about how to apply and whether you are a good candidate.
Should You Enter Into a Plea Deal?
Often, police and prosecutors offer plea deals or plea bargaining to try to end cases quickly and avoid slowing down the criminal justice system. This can potentially reward your cooperation with reduced sentences or dropped/reduced charges, but you must work with a lawyer.
Not every plea deal is as good as it seems, especially if there are secondary effects of the conviction (e.g., sex offender registration or putting a professional license in jeopardy). Additionally, prosecutors cannot control a judge’s sentence, so it is important to negotiate terms that will actually help you, not just ones that sound good.
Do You Need a Lawyer or Can You Talk to the Police on Your Own?
You may have great negotiating skills in your business life. You may even be a lawyer yourself. But when you get arrested or approached by the police to talk about a crime, do not talk to the police.
You have the right to remain silent and the right to an attorney, especially if you have been arrested and are in a “custodial interrogation.” Use those rights. Do not give the police any new information to use against you, and do not trust them.
Instead, politely decline to answer questions until your lawyer is present, then call us.
Will You Have to Spend Time in Jail if You Lose Your Case?
Often, yes. Some low-level crimes can lead to fines alone or a term of probation. In those cases, good behavior on probation can keep you out of jail.
In other, more serious cases, jail might be unavoidable if you lose your case. For this reason, it is vital to work with a lawyer to critically examine the case against you, get charges reduced and dismissed, and potentially fight the case all the way to trial.
Call Our Criminal Defense Lawyers in Lower Merion Today
If you were arrested or investigated for a crime, call (215) 774-5644 for a free case evaluation with the criminal defense lawyers at Kenny, Burns & McGill.
