Even minor criminal charges can be very intimidating to face, and you should not do so alone. Your attorney will help you assert your rights and defend you from the charges. Depending on your case, serious penalties may be on the line, including extensive time behind bars.
It is never too soon to call a criminal defense lawyer for help. You should contact an attorney for help as soon as possible after being arrested or possibly sooner if you can. Important first steps in your case may involve arraignments, bail hearings, and preliminary hearings, and the outcomes of these hearings may have a significant impact on your case. Possible charges may include minor summary offenses, misdemeanors, and severe felonies, and penalties may range from fines to lengthy incarceration.
Get a free initial case evaluation from our criminal defense lawyers at Kenny, Burns & McGill by calling (215) 423-5500.
When to Call an Attorney About Criminal Charges
Contacting a lawyer for help is a big step, and it is understandable to feel some trepidation. Even so, contacting a lawyer sooner rather than later is in your best interest.
It is never too soon to contact a criminal defense lawyer. If you believe you are under criminal investigation by the authorities, call a lawyer for help immediately. If an arrest is likely on the horizon, your lawyer can help you prepare for what is to come so you are in a better position to defend yourself.
In many cases, defendants do not contact attorneys until after being arrested. If and when you are taken into custody, the police should allow you the chance to call a lawyer before you are questioned about the alleged offense. In that case, invoke your right to a lawyer and call for legal help.
Many feel intimidated when speaking to the police and are afraid to demand a lawyer. If that sounds like you, you should get a lawyer some time before your first hearing. Appearing before a judge, even in a smaller hearing, is not a good idea.
How Do I Post Bail in a West Chester Criminal Case?
After being arrested and criminally charged, your main concern is likely being released from jail. You should have a bail hearing very soon, and our criminal defense lawyers will argue for your pretrial release.
Under 42 Pa.C.S. § 5701, all prisoners are entitled to a bail hearing unless they are charged with capital offenses or something punishable by life in prison. They may also be denied bail if the court determines that no combination of bail conditions exists that would assure the community’s safety other than imprisonment.
The court may consider numerous criteria for pretrial release. The judge will look at the overall nature of the charges and aggravating and mitigating factors. The defendant’s employment, family relationships, connections with their community, mental condition, and history of flight or skipping bail are also considered.
Potential Criminal Charges and Penalties
The criminal code is quite vast and includes numerous different charges and penalties. A defendant may be charged with any combination of charges, and they need an individually tailored defense strategy.
Felonies
Felonies are some of the most serious charges in Pennsylvania and often apply in cases of allegedly violent crimes. Under 18 Pa.C.S. § 1103, felonies may be charged as first-, second-, or third-degree felonies, depending on the severity of the alleged offense.
Penalties for felony convictions are usually very harsh. For a third-degree felony, you may be sentenced to up to 7 years in prison. For a second-degree felony, the penalty may be up to 10 years in prison. Finally, a first-degree felony may result in up to 20 years behind bars.
Other serious crimes like murder are often charged at the felony level but are categorized separately and may come with even harsher penalties than those discussed here.
Misdemeanors
Misdemeanors are not quite as severe as felonies but may still lead to significant penalties, including time in jail.
Under § 1104, a third-degree misdemeanor may result in up to 1 year in jail. A second-degree misdemeanor may lead to up to 2 years in jail. Finally, a first-degree misdemeanor, which is only one level below a felony, may result in up to 5 years in jail.
Summary Offenses
A summary offense is usually very minor and often only results in a ticket and a fine. However, jail time might be possible in less common situations. According to § 1105, if a defendant is convicted of a summary offense, they could be sentenced to no more than 90 days in jail. However, this is not very common, and many summary offenses are penalized with fines.
How to Appeal a Criminal Conviction in West Chester
If a defendant is convicted, they may still have the chance to defend themselves by appealing the conviction. If successful, you may be granted a new trial and a second chance to fight the charges.
Direct Appeals
A direct appeal is perhaps the most common kind of appeal and is usually filed very shortly after a conviction. Under 210 Pa. Code Rule § 903(a), we must file a direct appeal no later than 30 days after the final entry of the order of the court.
The appeal allows us to bring up legal errors from the trial that might have affected the outcome of the case. No new evidence or argument is usually heard at the appellate hearing, and the judges may decide the appeal based on trial court records.
If the appellate court finds that a reversible error occurred, it may reverse the conviction and remand the case to the trial court for a new trial with a new jury.
Post-Conviction Relief
We might instead file an appeal under Pennsylvania’s Post-Conviction Relief Act (PCRA). This usually involves a limited scope of appealable issues, and only some defendants may be eligible.
You typically have 1 year from the date the judgment against you becomes final to file an appeal under the PCRA. Possible issues may include, but are not limited to, ineffective assistance of counsel, constitutional violations, unlawfully induced plea bargains, and a greater sentence than the legal maximum.
Call Our West Chester Criminal Defense Lawyers for Support
Get a free initial case evaluation from our criminal defense lawyers at Kenny, Burns & McGill by calling (215) 423-5500.
