While criminal charges can be frightening and humiliating, you have a right to defend yourself in a court of law. Even when everyone else seems to be against you, your attorney can develop effective legal strategies to defend you and protect your rights. If you are arrested in Norristown, you should call a lawyer the second you are able.
Criminal charges vary from minor summary offenses to severe felonies. Your charges will depend on the circumstances of the alleged offense, and charges are not always set in stone. After being charged, your attorney should help you secure bail and devise defense strategies by examining the prosecutor’s evidence and looking for flaws or legal violations. In the event of a criminal conviction, you may file an appeal and hopefully get a second chance with a new trial.
Receive a free, confidential case evaluation by calling the Liberty Law Team at (215) 826-3314 and speaking to our criminal defense lawyers.
What Happens if You Are Arrested in Norristown
An arrest is never easy to go through, but it is often a necessary step in the judicial process. If and when you are arrested, you should be prepared to confront the authorities and assert your rights.
Generally, the police need a warrant to execute an arrest, and the warrant must be based on articulable evidence known as “probable cause.” However, they may arrest someone without a warrant if special circumstances exist, such as seeing a crime in progress.
Our criminal defense lawyers will review the details of your arrest, including whether a warrant exists, when devising defense strategies.
After you are arrested, you will likely be taken to the police station for booking and questioning. Before the police question you about the alleged offense, they must read you your Miranda rights and inform you of your right to remain silent and have a lawyer present. Invoke these rights immediately.
Possible Criminal Charges and Penalties
Understanding your charges is crucial to developing an effective defense. Charges and penalties may vary significantly, but they are not necessarily set in stone and could change as the case progresses.
Summary Offenses
Summary offenses are relatively minor offenses that are rarely punished with jail time. Summary offenses are often issued as tickets or citations, and defendants may only have to pay a fine. Even so, it is still possible to be sentenced to up to 90 days in jail for certain summary offenses.
Misdemeanors
More serious offenses may be charged as misdemeanors. The law divides these offenses into first-, second-, and third-degree misdemeanors.
A third-degree misdemeanor may be punished with a jail term of up to 1 year. A second-degree misdemeanor may lead to up to 2 years in jail. Finally, a first-degree misdemeanor, which is only one step beneath a felony, is punishable by up to 5 years in jail.
Felonies
A felony is one of the most severe charges a defendant may face in Pennsylvania, and these charges carry extremely harsh penalties. If you are facing felony charges, you should call an attorney for help immediately.
Like misdemeanors, felonies are divided into three categories: first-, second-, and third-degree felonies.
A third-degree felony is punishable by up to 7 years in prison. For a conviction of a second-degree felony, you may face up to 10 years in prison. A first-degree felony, one of the most severe charges possible, may be punished with a prison term of up to 20 years.
How to Secure Bail in a Norristown Criminal Case
Generally, defendants are entitled to a bail hearing under 42 Pa.C.S. § 5701, barring special circumstances or cases involving capital offenses. Bail hearings happen shortly after arrest and charges are assessed.
Bail is not a one-size-fits-all system, and the court will consider the unique facts of your case when deciding how to impose bail restrictions.
For a minor offense, you might be released on your own recognizance (ROR), especially if you do not have a prior criminal record. In other cases, the court may impose non-monetary restrictions, like curfews, travel restrictions, and prohibitions against seeing certain people.
While cash bail is falling out of favor, it may still be imposed under certain circumstances. You may be released on an unsecured bail bond, where you sign a written agreement to pay a certain sum of money if you fail to appear for court. Nominal bail involves paying a minor fee to secure your release.
In some cases, monetary bail is still imposed, but usually in cases where other bail restrictions are insufficient to secure the defendant’s appearance in court.
How to Appeal a Criminal Conviction in Norristown
If a defendant is convicted of a crime, their case does not have to end. They may appeal the conviction if they and their lawyer believe legal errors occurred that unfairly influenced the verdict.
You should work on filing a direct appeal immediately after a conviction. Your time for direct appeal is only 30 days after the court’s order becomes final. Often, defendants’ attorneys have an appeal already prepared before a verdict is handed down, just in case.
There may be numerous grounds for a direct appeal, and a wide range of issues may be appealed. Common examples include incorrect jury instructions, the introduction of illegal evidence, and denied motions or objections.
In an appeal hearing, the court does not hear new evidence, and attorneys do not make arguments about the defendant’s guilt or innocence. The court often considers only the trial court record and looks for legal issues raised by the plaintiff.
If the court agrees that errors affected the outcome of the trial, it may reverse the conviction and remand the case for a new trial.
Speak to Our Criminal Defense Attorneys Now to Get Legal Help
Receive a free, confidential case evaluation by calling the Liberty Law Team at (215) 826-3314 and speaking to our criminal defense lawyers.