Criminal cases are known for being complex. While all defendants have a right to defend themselves, doing so can be challenging without a lawyer. Exercise your fundamental rights and call an experienced defense lawyer for help as soon as possible.
The arrest typically marks the beginning of the criminal justice process. The police may ask you questions about the alleged crime, but you have the right to remain silent. Demand to call a lawyer before talking to the police about the alleged offense. Your attorney can help you review the charges, understand the evidence, and begin building a strong defense. Fighting criminal charges is not impossible, and defendants beat their charges every day. An attorney can help you put up the strongest defense and protect your rights.
For a free, confidential case assessment, call our criminal defense attorneys at Kenny, Burns & McGill at (215) 774-5644 as soon as possible.
What Happens When Someone is Arrested for a Crime?
Knowing what happens during the arrest process can help you protect yourself and your rights.
Initial Arrest
You may be arrested after the police conduct a thorough criminal investigation and obtain an arrest warrant. They may approach you at your home, job, or even on the street and take you into custody.
In other cases, the police may arrest a suspect they believe is committing or has just committed a crime. Such arrests often do not require a warrant. Even so, warrantless arrests should be treated with suspicion, and you should alert our criminal defense attorneys if the police did not have a warrant.
Booking Process
Once you are in police custody, you must go through the booking process. This often involves taking a mug shot and fingerprints. The police may also ask for basic information, such as your name, address, and other details, to confirm your identity. They may also check their records and databases to see if you are wanted for any other offenses or if there are outstanding warrants in your name.
Custodial Interrogation
When you are questioned about your involvement in a crime while in police custody, the police must read you your Miranda rights. These include your right to remain silent and your right to have a lawyer with you if you answer questions.
Invoke these rights immediately. Do not answer questions about the alleged crime unless you have a lawyer with you. Your attorney might even advise you not to answer any questions at all.
What You Can Do to Fight Criminal Charges in Wayne, PA
The right defense is different for each defendant, and you may need to explore multiple defense options before deciding which ones are the strongest.
Fourth Amendment Violations
The Fourth Amendment protects you from the police entering your private property and seizing evidence unless they follow strict legal rules. Chief among these rules is the warrant requirement. The police must obtain a search warrant from a judge before they can search your private property.
If the police did not have a warrant, and they cannot prove that a special exception to the warrant rule existed, the evidence they seized may be illegal and excluded from the case.
Inadmissible Evidence
Even if evidence is not seized illegally, it might be inadmissible for other reasons. Evidence may be admissible for the following reasons, although there are many other reasons.
- Hearsay evidence
- Overly inflammatory evidence
- Prejudicial evidence
- Evidence is unreliable or has not been properly authenticated
- Irrelevant evidence.
Self-Defense
When people are charged with violent crimes, the situation is not always as the authorities claim it to be. Many defendants argue that they used force against someone else in self-defense, not as part of a crime like assault.
Self-defense is an affirmative defense, meaning you are not denying that you committed the violent act, but are claiming that your actions are somehow justified. If successful, your charges could be dropped or dismissed.
Important Factors to Consider with Your Criminal Defense Lawyer
Every criminal case is unique, and you deserve individualized attention from your attorney. Consider the following factors and discuss them with your lawyer.
Your Criminal History
Whether a defendant has been convicted of a crime before may play a huge role in how their current case proceeds.
Are you a first-time offender? If so, sentencing guidelines may allow for more lenient sentencing if you are convicted. You may also have access to diversion programs reserved for first-time offenders. If you have a long criminal record, you might face harsher penalties and fewer other options.
Presence of Weapons
Weapons are considered a serious aggravating factor, and many criminal charges may be upgraded or sentenced more harshly simply because weapons were present when the crime was allegedly committed.
Your Mental State
What was your mental state like? Did it prevent you from forming the necessary criminal intent? Maybe you were acting under duress. Did a codefendant mislead you? Your intent to commit the crime is a major element that the prosecutor must establish. Discuss it with your lawyer at great length, especially if you are someone with a history of mental health concerns.
What is the First Thing You Should Do After Being Arrested?
Once the police take you into custody, directly and clearly state that you want to call a lawyer as soon as possible. The police may not deny your right to a lawyer, and you should call one before answering questions from law enforcement.
Will You Go to Jail After Being Arrested in Wayne, PA?
You will be detained until the authorities decide whether there is enough evidence to press charges. If there is not, you may be released. If there is, you may be held until bail is determined. Most defendants are then released on bail, although bail may be denied if you are a flight risk or pose a safety risk to the community.
How Soon After an Arrest Should Someone Call a Defense Lawyer for Help?
Call a defense lawyer before custodial interrogation. Avoid talking to the police about the alleged offense unless you have a lawyer by your side. At the very latest, you should call a lawyer before the first hearing. If you still do not have one, tell the judge. They may grant a continuance to give you more time to hire a lawyer.
What Happens if Your Rights as a Criminal Defendant Are Violated?
Your lawyer should identity violations and take action to prevent evidence obtained through violations from being used against you. If violations cannot be corrected or have made it impossible to continue the trial, they can argue that the case should be dismissed.
Get Help Now from Our Criminal Defense Attorneys in Wayne, PA
For a free, confidential case assessment, call our criminal defense attorneys at Kenny, Burns & McGill at (215) 774-5644.
