Being charged with a crime is only the start of the criminal justice process. Defendants have a right to challenge their charges in court, and many defendants are successful. Your first step is to contact a defense attorney immediately.

Criminal charges may include severe felonies, misdemeanor charges, and less serious summary offenses. Your case may involve any combination of charges, and your defense must be tailored to your circumstances. If you are arrested, remain calm, avoid resisting the police, do not answer questions about the alleged crime, and demand to call a lawyer. Remember, when the police say that anything you say can be used against you, they mean it.

Contact our criminal defense lawyers to ask for a free, confidential legal evaluation by calling the Liberty Law Team at (215) 709-7431.

What is the Difference Between Criminal Charges?

Not all charges are equal. Some charges are serious and can carry lengthy incarceration, while others are minor offenses with more lenient penalties.

Felonies

Felonies are some of the most serious offenses a person may be charged with, and they are often violent crimes. Felonies represent the most serious crimes on the books, and penalties are often very harsh. In fact, most felonies carry multi-year prison terms.

A third-degree felony may be punished by up to 7 years in prison. A second-degree felony may be punished by up to 10 years. A first-degree felony may be punished with up to 20 years.

Misdemeanors

Misdemeanors, while still serious offenses, are less severe than felony offenses. Some misdemeanors are violent offenses, but many others are not. However, misdemeanors may still lead to jail terms.

A third-degree misdemeanor may lead to 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 step below a felony, may carry up to 5 years in jail.

Summary Offenses

Summary offenses are the lowest level of criminal offenses in Pennsylvania. Many summary offenses result in tickets or citations rather than formal charges. While jail time for summary offenses is rare, it is still possible, and you could face up to 90 days in jail. However, most summary offenses are met with fines, and you may not even need to make a court appearance.

What Should You Do if You Are Arrested?

If you are arrested, stay calm and contact your lawyer as soon as possible.

Avoid Resisting

Do not resist the police when they arrest you. Even if you know the arrest is bogus or the police are being unreasonable, resisting will only lead to more trouble. You may face additional charges for resisting arrest even if no other charges are assessed.

Remain Silent

Do not say anything to the police other than basic information about your identity (e.g., name, address, aliases). They may ask you questions about the alleged crime, but you do not have to answer them. In fact, you should not answer these questions unless you have a lawyer by your side.

Demand a Lawyer

Call a lawyer as soon as possible. When the police begin custodial interrogation, they must inform you that you have the right to a lawyer. Invoke this right loudly and clearly. Do not answer police questions alone.

Understanding Your Miranda Rights After Being Arrested

The police must inform suspects of their Miranda rights, including the right to remain silent and to have a lawyer present during custodial interrogation.

If you refuse to answer questions, the police must cease questioning immediately. If the police continue to ask questions about the alleged crime even after you invoked your right to remain silent, tell your lawyer immediately. Any information you provided to the police may be excluded from the case.

How to Secure Pretrial Release in a Bristol, PA Criminal Case

Securing bail is a crucial step in your case. In Pennsylvania, cash bail has been largely abandoned, except in a select few circumstances. Instead, judges favor non-monetary bail restrictions. Judges may decide how to impose bail based on whether they believe the defendant is a flight risk or a threat to the community, and on the defendant’s criminal history. Generally, most defendants are released on bail, although bail is not guaranteed.

Challenging Search Warrants in a Bristol, PA Criminal Case

Search warrants must be based on sufficient probable cause gathered by law enforcement. If your lawyer believes that the probable cause claimed by the authorities is insufficient, they may challenge all evidence obtained under that warrant.

Even if a warrant is valid, police must not exceed its limits. If a warrant allows police to search only your home, they cannot also search your detached garage. The warrant must specifically mention the garage. Any evidence seized outside the scope of the warrant should be challenged.

Can the Police Conduct a Warrantless Search of Your Property?

Yes, but only under very specific and limited circumstances. For example, police may search without a warrant if the property owner consents. Alternatively, if police are lawfully present on the property (e.g., they were invited or permitted to enter by the owner or occupant) and see contraband in plain view, they may seize the evidence under the plain view exception.

If police seize any evidence without a warrant, our criminal defense lawyers will make them prove they acted under a valid exception to the warrant requirement. If they cannot prove an exception applies, we will move to have the evidence excluded from the case.

What Evidence Should You Present in Your Defense in a Criminal Trial?

Criminal defendants do not have a burden of proof and are not required to present any evidence. However, if we have evidence that supports your defense, we should present it.

Evidence may include witness testimony that undermines the prosecution’s claims, text and email exchanges with others involved in the alleged offense, and information that shows you lacked the intent necessary to commit the crime. Remember, evidence is unique in each case, so your specific evidence may differ.

While defendants may testify, this is often not a good idea. Testifying will leave you vulnerable to cross-examination, which can be disastrous for your defense.

Negotiating Plea Agreements in Criminal Cases

The prosecutor handling your case may offer to reduce or drop certain charges in exchange for a guilty plea. This may allow you to avoid harsher penalties. If you accept a plea deal, you must waive your right to a trial. Once the judge approves the plea deal, you will move directly to sentencing.

Whether accepting a plea is a good idea depends on your circumstances, and you should always review any plea offers with your lawyer.

Contact Our Criminal Defense Lawyers in Bristol, PA for Legal Help Today

Contact our criminal defense lawyers to ask for a free, confidential legal evaluation by calling the Liberty Law Team at (215) 709-7431.