If you or someone you know has been arrested for an alleged criminal offense, you need an attorney immediately. Having a lawyer as soon as possible puts you in a better position to defend yourself and protect your rights.
After a person is arrested, they may go through several pretrial hearings in quick succession. After being booked into custody and questioned by the police, you may go through a preliminary hearing and an arraignment. Although your trial has not yet started, you should still have a lawyer with you through all these proceedings. A good rule of thumb regarding criminal defense lawyers is the sooner you hire one, the better. Your attorney can help you figure out exactly what kind of charges you are facing and how to challenge them and hopefully help you avoid a conviction.
Call our criminal defense lawyers of the Liberty Law Team today at (215) 826-3314 to set up a free case evaluation.
How Are Criminal Offenses Categorized in Bensalem?
When a defendant is charged with a criminal offense, one of the first things they should do is get an attorney to explain what category of crime it falls under and what that could mean for their upcoming case.
Third-Degree Misdemeanors
Apart from summary offenses, the lowest classification of crime in Pennsylvania is the third-degree misdemeanor. Convictions can carry prison sentences of up to 1 year and fines of up to $2,500.
Common third-degree misdemeanor offenses prosecuted in Bensalem include theft of property valued at less than $50, harassment, and disorderly conduct with the intent to cause substantial inconvenience or harm.
Second-Degree Misdemeanors
Second-degree misdemeanors are more serious offenses, but still relatively minor compared to other crimes. Second-degree misdemeanors like simple assault and resisting arrest have maximum penalties of 2 years in prison and a $5,000 fine.
First-Degree Misdemeanors
First-degree misdemeanors are the most serious misdemeanor offenses and include crimes like stalking or involuntary manslaughter. While still only a misdemeanor offense, you could face up to 5 years in prison and $10,000 in fines for a first-degree misdemeanor conviction in Bensalem, regardless of whether it is your first offense or not.
Third-Degree Felonies
Third-degree felonies are the lowest level of felonies and include offenses such as carrying a concealed firearm without a license. Defendants convicted of third-degree felonies could be sentenced to up to 7 years in prison. There can also be hefty fines for third-degree felony convictions of up to $15,000.
Second-Degree Felonies
Second-degree felonies include very serious and violent crimes and offenses. Aggravated assault, burglary, and statutory sexual assault are all charged as second-degree felonies and are punishable by 10 years in prison and $25,000 in fines in Pennsylvania.
First-Degree Felonies
First-degree felonies concern the worst offenses, apart from murder. Rape, kidnapping, and voluntary manslaughter are all examples of first-degree felonies that are commonly prosecuted in Pennsylvania. The maximum prison sentence for a first-degree felony conviction is 20 years. However, sentencing enhancements may be applied to lengthen a defendant’s prison sentence.
Murder
Murder has its own classification in Pennsylvania criminal law. There is first-degree, second-degree, and third-degree murder. Third-degree murder is punishable by up to 40 years in a state prison in Pennsylvania, while both second- and first-degree murder require mandatory life sentences without the opportunity for parole.
The death penalty is another possible consequence of first-degree murder. However, there has been a stay on state executions for some time now in the Commonwealth of Pennsylvania.
What Happens Immediately After You Are Arrested for a Criminal Offense in Bensalem?
Many Americans are at least somewhat familiar with what an arrest looks like and what happens when the police take someone into custody, but what about what happens after? A lot happens between the arrest and the trial in a criminal case, and you should have a skilled and experienced lawyer with you every step of the way.
Booking
Immediately after a person is arrested, they will likely be brought to the police station for booking and questioning. The booking process involves taking photos of the defendant (i.e., a mug shot) and fingerprinting.
The police will also ask you personal questions about your name, address, and other identifying details. They need this information to verify your identity and check if you have a criminal record, outstanding warrants, and things of that nature. The booking process following an arrest is often relatively quick.
Custodial Interrogation
After booking, the police may hold you in custody for questioning. Because you are in police custody and unable to leave during this time, the police are required to read you your Miranda rights. These rights include your right to remain silent and have an attorney with you while you are in custody. You should invoke these rights immediately, no matter what.
Avoid answering questions until you have a lawyer present. The police sometimes try to convince defendants that waiting for an attorney only delays matters and that if they just answer a few questions, they can go home sooner. Do not fall for it; call your lawyer.
What Happens During a Preliminary Hearing After an Arrest in Bensalem?
The next major event in your case will be the preliminary hearing, which our lawyers can prepare you for. The preliminary hearing is sort of like a mini-trial that comes shortly after a defendant is charged.
Prima Facie Case from the Prosecution
In Pennsylvania, the prosecutor must present a prima facie case at the preliminary hearing. This means they must show enough evidence to establish that a crime has been committed and that the defendant committed it.
This does not mean that the prosecutor must present all possible evidence or that the prosecutor will meet the burden of proof at trial. It is only enough evidence to show that a trial is warranted.
Arguments and Concerns from the Defense
It is important to have a lawyer by your side during this hearing, as they can highlight the faults and flaws in the prosecutor’s evidence in the hopes of having your charges dropped or dismissed. Essentially, if your attorney can show that the prosecutor cannot present a prima facie case, you should not be prosecuted.
What Happens During an Arraignment for a Criminal Offense in Pennsylvania?
If you are held over for a trial, your next hearing will be a formal arraignment. You should also be advised of your rights during this court appearance, and a trial date may even be scheduled.
Reading of the Charges
You should be formally advised of the charges against you at the arraignment. The charges at your arraignment might or might not include all the offenses you were initially charged with, depending on the outcome of the preliminary hearing.
Entering the Defendant’s Plea
During the arraignment, the defendant is given the chance to enter a plea. How you plead is incredibly important to your case. If you plan to fight the charges, you should enter a not-guilty plea.
However, if you are open to it, our criminal defense lawyers can try to negotiate a plea bargain with prosecutors, in which you may enter a guilty plea to reduced charges that carry lighter penalties. You should thoroughly discuss these options with an attorney and should not accept a plea deal blindly.
Setting of Bail
At the arraignment hearing for a criminal case, bail is also set. The judge has the sole authority to set bail. However, the prosecution may request that bail be set at a specific amount and cite its reasons. Our criminal defense attorneys can explain to the judge why your bail should be low or non-existent, such as the non-violent nature of the offense and your close ties to the community.
Judges can set bail, release a defendant on their own recognizance, or deny bail. If bail is set, you may only have to pay a small percentage in cash to be released from jail for the trial.
When Do You Need an Attorney for Criminal Charges in Bensalem?
The sooner you hire a lawyer to help you, the better. Many people do not speak to a lawyer until they have been charged. This often means they did not have a lawyer with them during custodial interrogation, and they might have unintentionally provided incriminating information to law enforcement.
Ideally, you should call a lawyer immediately after you are arrested. If, for whatever reason, you did not call a lawyer after being arrested, you should call one before your first appearance in front of a judge. You should definitely hire a lawyer by the time you get to your preliminary hearing to protect your rights.
What Can Happen if You Wait Too Long to Get a Criminal Defense Attorney?
People sometimes hesitate to hire a lawyer because they are worried about the cost of legal fees. They might also mistakenly believe that their case will be dismissed, the charges dropped, and the whole thing will blow over. It is better to hire a lawyer than to proceed alone and find out too late that you should have had an attorney all along.
If you wait too long to hire a criminal defense attorney, you might unintentionally incriminate yourself with statements made to law enforcement. You also might misunderstand the severity of the charges, accept a plea deal that does not do you any favors, or miss crucial court dates that put your release on bail in jeopardy.
What is the Right Defense Against Your Criminal Charges in Bensalem?
The right defense against your specific charges depends on the particular facts of your case. The more you tell our criminal defense attorneys about what happened or what you know, the better we may be able to defend you.
Defenses vary from case to case. For example, in assault cases, a defendant might argue that they were acting in self-defense or in defense of others. For any offense where the prosecution must prove intent, we can argue that there was no intent or knowledge.
In other scenarios, defendants might have been forced to participate in criminal activity under threats, which can be a viable defense against drug trafficking and other criminal enterprise charges.
Call Our Bensalem Criminal Defense Attorneys for Help Now
Call our criminal defense attorneys of the Liberty Law Team at (215) 826-3314 for a free case assessment.
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