You have important rights as a criminal defendant that the authorities cannot trample, but understanding these rights and knowing how to assert them can be difficult without a lawyer. If you are charged with a crime, contact our attorneys immediately for help.
Many people do not contact an attorney for help until after they are arrested. However, it is a good idea to ask a lawyer for help before you are arrested, if possible. You might have been approached by the police about a supposed crime or heard something from friends or neighbors about a criminal investigation. Your attorney can prepare you for what happens when you are arrested and charged, and they can immediately begin building a solid defense.
Ask our criminal defense attorneys for a free initial case review by calling the Liberty Law Team at (215) 826-3314.
When Should Someone Call a Criminal Defense Attorney for Help
You can never call a criminal defense lawyer for help too soon. If you are arrested or believe you may be arrested soon, call a lawyer now.
Calling a Lawyer Before You Are Arrested
If you have reason to believe that you may be arrested sometime soon, call a lawyer as soon as possible.
Are you under investigation? Have the police approached you at least once before without arresting you? If the answers to these questions are yes, an arrest may be on the horizon. A lawyer can help you prepare for what happens when you are arrested and advise you on how to talk to the police and how to assert your rights.
Calling a Lawyer Before Police Questioning
This is perhaps the time when most criminal defendants call a lawyer for help. After you are arrested, you may be taken to the police station for booking and questioning. Before the police ask questions about the alleged crime, they may inform you of your Miranda rights, including your right to remain silent and to have a lawyer present during questioning.
Calling a Lawyer Before Your First Hearing
If you do not call a lawyer for help before questioning, you should have a lawyer to help you before your first hearing in front of a judge. If you do not, you may ask the judge for more time to hire a lawyer. In many cases, the judge will grant this time so that the defendant can find legal representation.
What Are Possible Defense Strategies to Explore with Your Lawyer?
The right defense strategy is unique in each case, and your lawyer should be able to review the details of your case and determine the best defense strategies for you.
Unlawful Searches and Seizures
Fourth Amendment violations are major problems, and they often mean that evidence seized without a warrant must be suppressed and excluded from the trial. Warrantless searches and seizures are allowed, but only under specific, limited circumstances.
If the police did not have a warrant when they searched your private property and seized your personal belongings, tell your lawyer immediately. Our criminal defense lawyers will make the police explain why they believe a warrantless search was reasonable and legal at the time. If their explanations do not hold up, we can make sure the evidence is not used against you.
Alibis
An alibi is often regarded as one of the strongest defenses possible. When a defendant has an alibi, they can prove they were elsewhere when the crime occurred and could not have committed it.
Remember, alibis must be proven. Even if you have an alibi but no evidence to support it, the prosecutors may not believe you.
Insufficient Evidence
If the prosecutor does not have enough evidence to satisfy their burden of proof, which is proof “beyond a reasonable doubt,” the charges should stand against you.
We can file a pretrial motion before the trial, asking the judge to dismiss the charges for a lack of evidence. Even if the judge does not grant our pretrial motion, we may obtain a not guilty verdict from the jury.
Presenting Evidence in Your Defense in a Criminal Trial
A criminal defendant does not have to meet a burden of proof, but you may still have evidence that supports your claims in court.
Witnesses
We may present witnesses who have a different version of events compared to the prosecution’s witnesses. Witnesses connected to the case may testify that you have little to no involvement. Witnesses may be used to support an alibi if they testify that you were with them when the crime occurred. The more witnesses we have, the better.
Digital Evidence
We may have a lot of digital evidence to present, especially from your cell phone. Your text messages with others involved in the case may shed light on how you were or were not involved. They might even clear you of wrongdoing, depending on what the messages say.
Certain digital evidence, including photos, videos, and social media, can help us create a timeline of events or prove that you are not connected with codefendants or the victim.
Expert Testimony
Expert testimony is crucial when presenting forensic evidence or evidence related to defenses involving mental health. For example, if a defendant wants to prove that their mental health prevented them from forming the intent to commit a crime, expert testimony from a mental health professional, such as a psychiatrist, would be needed.
FAQs About Defending Yourself from Criminal Charges in Media, PA
When is the Best Time to Call a Criminal Defense Attorney?
It is never too early to call a lawyer for help. If you believe you are under investigation, you should contact a lawyer before you are arrested. If you have been arrested, call a lawyer before answering the police’s questions about the alleged crime.
Should You Answer Questions from the Police About an Alleged Crime?
Avoid answering questions about the alleged offense unless you have a lawyer present during questioning. You have a legal right to have a lawyer during questioning, and the police cannot deny your demands for a lawyer.
What if the Police Searched Your Home without a Warrant?
If the police did not have a warrant when they searched your home, any evidence they seized may be illegal if the police cannot prove that a legal exception allowed a warrantless search. Such evidence may be excluded from the trial and cannot be used against you.
Do You Need to Present Evidence in Your Defense in a Criminal Trial?
No. The defendant does not have a burden of proof and is not required to present any evidence. However, we should still investigate for evidence that undermines the prosecutor’s case against you.
Talk to Our Criminal Defense Lawyers in Media, PA About Your Charges Now
Ask our criminal defense attorneys for a free initial case review by calling the Liberty Law Team at (215) 826-3314.