Allentown Criminal Defense Lawyer

Criminal charges can be complicated to understand, and the penalties may be severe. While you are allowed to represent yourself, it would be unwise to fight your charges without legal representation. Contact an attorney for help as soon as possible.

The criminal justice process is long and complex. Before your trial, there are numerous pretrial hearings and proceedings to navigate, and the outcomes of these hearings may have a major impact on the outcome of your case. All the while, you might be detained, making it extremely difficult to handle your own case. You should hire an experienced attorney who can represent you in court and advise you on important legal decisions throughout your case.

For a confidential, free legal review, call our criminal defense lawyers at the Liberty Law Team at (215) 709-7431.

When Should You Call a Criminal Defense Lawyer for Help?

You should call a criminal defense attorney as soon as possible. If you are arrested, demand to call a lawyer right away. You might have to wait for the booking process to be completed, but the police must give you a chance to call a lawyer if you demand it.

If you have not been arrested but believe you might be soon, you should call a lawyer right away. Our criminal defense lawyers can review the situation and advise you on next steps, including how to prepare for an impending arrest and what to say to the police.

What to Do During Custodial Interrogation

After arrest, the police may ask questions about the alleged offense while you are in custody. You are not free to leave, but you are not required to answer.

Invoke Your Right to Remain Silent

First, invoke your right to remain silent. Before they begin custodial interrogation, police must inform you of this right and others. Once you make it clear that you will remain silent, police may not press you further or continue asking questions.

Demand to Call a Lawyer

When you invoke your right to remain silent, you should also invoke your right to have a lawyer present. The police may not prevent you from contacting a lawyer. Your attorney can make sure your rights are protected and that you do not accidentally say anything that could be misconstrued to incriminate you.

Talk to Your Lawyer Before the Police

If you think answering questions from the police may help you, you should remain silent until you can speak to your lawyer about the situation. Once your lawyer arrives, talk to them about how you were arrested and what the allegations against you are. Your attorney can advise you on whether talking to the police could help or hurt your case.

When is Your First Criminal Hearing After Being Arrested?

Your first hearing after being arrested and criminally charged is the preliminary arraignment, also simply called a “first appearance.” This hearing happens quickly, sometimes within hours of an arrest, so defendants often show up without an attorney. At the hearing, you should be informed of the charges, your rights as a defendant, and bail may be set. If you do not have a lawyer but want one or are unsure how to get one, let the judge know.

How to Secure Bail in an Allentown Criminal Case

Bail is crucial because it may let you plan your defense from home rather than a jail cell. Cash bail still exists but is no longer the preferred method of pretrial release. More often, judges will impose various non-monetary bail terms that are tailored to each defendant. However, if no combination of non-monetary bail conditions is sufficient, the court may impose cash bail.

Judges often decide bail based on whether they believe the defendant is a flight risk or a threat to the community. However, some charges, like capital offenses or those that carry a possible life sentence, may be ineligible for bail.

How Do Plea Agreements Work in Criminal Cases?

A plea agreement is when prosecutors agree to drop some of the charges or reduce them in exchange for a guilty plea from the defendant. The terms of the agreement vary by case and by how the defendant negotiates.

Once you accept a plea agreement and the court approves and finalizes it, your case ends, and you move to sentencing. There is no trial if you accept a plea agreement. Plea agreements might not be the best option for everyone, and you should never accept a plea offer without talking to a lawyer first.

Possible Criminal Penalties

If convicted, you may face serious criminal penalties. Each charge may come with a unique combination of penalties, and you should review your charges with your lawyer.

Summary Offenses

Summary offenses are the lowest tier of criminal charges. While they often do not carry jail terms, it is still possible to face up to 90 days in jail. More often, defendants facing summary offenses only have to pay fines.

Misdemeanors

Misdemeanors may be charged in the first, second, or third degree. A Third-degree misdemeanor may lead to a jail term of up to 1 year. A second-degree misdemeanor carries a jail term of up to 2 years. A first-degree misdemeanor, only one step below a felony, carries a jail term of up to 5 years.

Felonies

Felonies are the most serious criminal charges in Pennsylvania, and they carry harsh penalties. A third-degree felony carries a prison term of up to 7 years. A second-degree felony carries a prison term of up to 10 years. A first-degree felony, one of the most serious charges possible, carries a potential prison term of up to 20 years.

Challenging the Evidence in a Criminal Trial

Evidence may be challenged and possibly excluded if it was seized by the police illegally. The police generally need a valid search warrant based on probable cause and authorized by a judge. If there is no warrant, the police must prove that a valid exception to the warrant rule existed. If they cannot, we may argue that the evidence should be excluded.

What to Do if You Are Convicted of a Crime

If you are convicted, you may still have an opportunity to fight the charges. You have the right to file a direct appeal. On appeal, we can highlight any legal errors we believe occurred that unfairly affected the outcome of the trial. If the appellate court agrees, they may reverse the conviction and order a new trial where you have another chance to defend yourself.

How Long Do Criminal Cases Take to Finish?

A full criminal case takes time. It is common for criminal cases to last almost a year from arrest to the end of a trial. The trial itself might take a week or several weeks, depending on the situation. More complex cases, or those involving severe charges, may take longer. A good attorney can help streamline as much of the legal process as possible.

Review Your Charges with Our Criminal Defense Attorneys in Allentown

For a confidential, free legal review, call our criminal defense lawyers at the Liberty Law Team at (215) 709-7431.