Being charged with a crime does not automatically make you guilty. The government must give all criminal defendants a fair chance to defend themselves, and our criminal defense lawyers are here to help.

After a person is arrested, they will be taken to the police station for booking and questioning. Avoid answering questions from law enforcement about the supposed crime. You have the right to remain silent. Also, you have the right to have a lawyer with you if you choose to answer police questions. Understanding both rights can help you build an effective criminal defense. Our team can help you the rest of the way.

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

What Happens After Someone is Arrested?

After an arrest, police usually take the suspect into custody at a police station. Authorities may identify the suspect, hold them in custody, and question them until they determine whether to press charges.

Booking

The booking process involves fingerprints, mugshots, and biographical information the police can use to identify you. They may run your information through a database to determine if you have a criminal history, any outstanding warrants, or a history of violence.

While you usually should avoid answering questions from the police, as explained in more detail below, you typically should answer questions regarding the booking process. This information is normally not meant to be incriminating, and the police usually just want to identify you.

Custodial Interrogation

After the booking process, the police may ask you questions about the alleged offense and your role in it. Before they commence questioning, the police are required to inform you of your Miranda rights, which include your right to remain silent and your right to have a lawyer present during questioning. Invoke these rights clearly and directly. Do not answer questions without a lawyer. Depending on the advice of your attorney, you might not end up answering any questions.

Criminal Charges

Police cannot detain you indefinitely without criminal charges. In Pennsylvania, the police typically cannot hold a suspect for more than 48 hours, or 72 hours depending on weekends or holidays, without criminal charges. If you are held for too long and have yet to face any charges, call your attorney immediately.

How to Talk to the Police After Being Arrested in Haverford, PA

Be careful when giving information to the police. Anything you say really can be used against you. It is almost always best to have a lawyer with you when answering police questions.

Avoid Hostility

Avoid being hostile or combative when speaking to the police. Many people instinctively become defense when faced with serious criminal allegations. The police are not exactly known for being nice or polite when they arrest someone. It may be very tempting to resist the police or be openly hostile toward them, but this might only cause more trouble.

Remain Silent

Always remember that you do not have to answer questions from the police or even talk to them before, during, or after your arrest. In fact, it is a good idea to say as little as possible. They have arrested you because they believe you are guilty of a crime. Even if you believe you can explain yourself, the police might be less than willing to listen. On top of that, your silence may not be used against you.

Demand an Attorney

Before the police question you about an alleged offense, they must explain your rights, including your right to have a lawyer while being questioned in custody. Demand a lawyer immediately. Police must stop questioning and let you call a lawyer. If the police interfere with your ability to contact a lawyer, tell your lawyer as soon as you can.

How to Secure Bail After Being Criminally Charged

Bail is a crucial step in the legal process, but not everyone may be released. Generally, most defendants are granted bail unless they are statutorily barred – such as in cases involving capital offenses – or the judge believes they are a flight risk or pose a threat to the community if released.

Cash bail has fallen out of favor in recent years, and courts more often impose non-monetary bail terms unless cash bail is the only way to ensure the defendant’s appearance in court.

What Happens if the Police Search Your Home for Evidence?

Law enforcement must have a search warrant or a valid exception to the warrant requirement. If the police did not have a search warrant when they searched your home, our criminal defense lawyers will make them explain why. If they can prove that they were operating under a valid exception to the warrant rule, the search may be deemed lawful. If not, the search may be deemed unlawful, and we can have any evidence the police seized excluded from the case.

When Must Prosecutors Bring a Criminal Defendant to Trial?

All criminal defendants have a right to a speedy trial. Pennsylvania law requires prosecutors to bring a defendant to trial no later than 365 days after filing a criminal complaint.

However, prosecutors and defendants may extend this time for various reasons, including to gather more evidence, meet with witnesses, and prepare legal arguments and strategy are normal. If prosecutors fail to bring a case to trial within the time limit (accounting for reasonable delays and continuances), the defendant can ask the court to dismiss the case.

How to Obtain Evidence the Prosecution Controls

If the prosecutor controls evidence we believe may help disprove their claims, we can obtain this evidence during the discovery phase. If prosecutors do not turn over important evidence, we can ask the court to compel production. If prosecutors still refuse to hand over evidence or negligently fail to provide all relevant evidence, the court may impose serious legal penalties.

Can You Negotiate a Plea Agreement in a Criminal Case?

Yes. Plea deals are offered at the prosecutor’s discretion. Cases involving severe charges or shocking or heinous circumstances are less likely to receive a plea offer.

If the case against you is weak, prosecutors might offer a plea deal. Always talk to your lawyer before accepting or rejecting an offer. IF the case is weak, it may be a better idea to fight it in court where you stand a strong chance of being found not guilty.

What Should You Do if You Are Convicted of a Crime?

If you are convicted of a crime, your attorney should file a direct appeal almost immediately. On appeal, we can point to legal errors we believe occurred during trial that interfered with a fair outcome. If the appellate court agrees, you may be granted a new trial where those legal errors are corrected, and you may get a second chance to defend yourself.

Speak to Our Criminal Defense Attorneys in Haverford, PA for Help Immediately

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