If you are arrested and criminally charged, you must take steps to protect yourself and your rights from the authorities. Contact an attorney for help as soon as possible, even if it means calling from jail. Your lawyer can review your charges and start developing effective defense strategies.

When developing defense tactics, a good place to start is with the police. If they did anything to violate your rights, such as conducting an illegal search, we may be able to keep certain evidence out of the case. You must know your rights to defend yourself. These rights include the right to a lawyer, due process, a speedy trial, and more. Your lawyer can help you understand these rights and how to defend them in court.

Get a free, private case evaluation by calling our criminal defense attorneys with the Liberty Law Team at (215) 826-3314.

What Happens After an Arrest?

The criminal justice process begins with an arrest, and numerous other steps follow almost immediately. It is best to contact a lawyer for help as soon as possible after being arrested.

Booking

After you are arrested, you will likely be taken to the police station for booking. This involves identifying you, taking fingerprints, and giving biographical information such as your date of birth, address, and other identifying information. Generally, questions asked during the booking process are not meant to incriminate you.

Questioning

After you are booked into custody, the police may ask you questions about the alleged crime. At this point, you have the right to demand a lawyer and the right to remain silent and refuse to answer any questions. Invoke both of these rights immediately.

Release

Depending on what happens next, you could be released without charges. If there is not enough evidence to justify criminal charges, the police must let you go. However, if you are charged, you may be brought before a judge for your initial appearance and informed of the charges. You may also have the opportunity to secure bail and be released while your case is pending.

Possible Criminal Charges

Hundreds of criminal charges exist in Pennsylvania, and most of them fall into one of three broad categories. You might be charged with a felony, misdemeanor, or summary offense.

Felonies

A felony is among the most severe criminal charges, often accompanied by lengthy prison terms. According to 18 Pa.C.S. § 1103, felonies may be charged as first, second, or third-degree felonies.

A third-degree felony is the lowest level of felony charges and may be met with a prison term of up to 7 years. A conviction for a second-degree felony may result in a prison sentence of up to 10 years. Finally, a first-degree felony, one of the most severe charges possible, may be punished with a prison term of up to 20 years.

Other severe crimes like murder are often treated like felonies, but are actually legally distinct and constitute their own category of criminal charges.

Misdemeanors

A misdemeanor is a somewhat less severe criminal charge, at least compared to felonies, but they may still be met with serious jail time. Under § 1104, misdemeanors are also categorized into three levels and may be charged as first-, second-, or third-degree offenses.

A third-degree misdemeanor may be penalized with a jail sentence of no longer than 1 year. For second-degree misdemeanors, defendants may face up to 2 years in jail. Finally, first-degree misdemeanors may be punished with jail terms no longer than 5 years.

While these charges are not quite as serious as felonies, they still carry hefty jail terms. People facing multiple misdemeanor charges, which is common, could face many years behind bars.

Summary Offenses

A summary offense is a relatively minor offense that is rarely met with jail time. In most cases, people charged with summary offenses pay fines and move on. However, according to § 1105, jail time is still possible and may be fixed at no more than 90 days.

Can the Police Search My Home in a Radnor Criminal Case?

The police may search your private property, but they must adhere to strict laws regarding when and how they can conduct a search. If these laws are broken, the evidence obtained may be tainted, and our criminal defense lawyers can exclude it from the trial.

Search Warrant Requirement

Typically, the police must have a search warrant based on probable cause and authorized by an impartial judge before searching private property. If the police search your home but do not have a warrant, tell your lawyer immediately.

Warrantless Searches

The police can conduct warrantless searches only under specific conditions. For example, they may conduct a search if someone who lives in your home gives them permission. Alternatively, if they are lawfully present in your home for some reason and the evidence is in plain view, they can seize it without a warrant.

If the police conduct a warrantless search but claim that they had an exception to the warrant rule, our criminal defense lawyers will make them prove the exception. If they cannot prove they had a valid exception to the warrant rule, we can challenge the evidence they seized.

Challenging Faulty Search Warrants

Even when the police have search warrants, they might be faulty. The warrant must specifically state the places to be searched and the type of evidence sought. The police cannot search places not mentioned within the warrant.

On top of that, the warrant must be based on sufficient probable cause. If we review the warrant and find that the probable cause behind it is flimsy at best, we may challenge the search and try to prevent any evidence seized from being used against you.

Your Rights as a Criminal Defendant in Radnor

Knowing your rights is crucial to developing effective defense strategies. Below are just a few key rights to keep in mind as your case moves forward.

Miranda Rights

After a person is arrested, they may be taken to the police station and questioned about the alleged offense. Before initiating custodial interrogation, the police must inform suspects of their Miranda rights, including the right to remain silent and the right to have a lawyer present during questioning.

If you are not informed of these rights, anything you say to the police may be kept out of the case and not used against you.

Due Process

You also have a right to due process, which means the government must treat you fairly under the law and follow established legal procedures. If the government does not play by the rules, it may seriously undermine the case against you.

A major component of your right to due process is your right to legal counsel. If, for any reason, you are not given the opportunity to hire a lawyer, you must raise the issue immediately. Other violations may stem from minor clerical errors. For example, if the court fails to notify you of an upcoming hearing, and you do not show up because you did not know about it, your due process rights have been violated.

Speedy Trial

You have a right to a speedy trial, and the government may not delay your trial without just cause. If you have been waiting an unreasonable amount of time for your trial, tell our attorney immediately.

Remember, delays in the trial process are normal, but delays should be reasonable. A delay of a few days because of snow or a bad storm is typical. A delay of several months because the judge wants to go on vacation is a lot less reasonable.

How You Can Fight Criminal Charges

You may have many options for effective defense strategies, and you may want to consider the following with your attorney.

Undermine the Evidence

We will likely have to challenge the evidence at some point. We might do this by filing pretrial motions to keep out evidence that is illegal or inadmissible. If enough evidence is excluded, the prosecutor’s case might fall apart.

If we cannot exclude inadmissible evidence before the trial, we can challenge it in court by raising objections. If it is still admitted, we can present our own evidence and witnesses to contradict the prosecutor’s case.

Point to Violations of Your Rights

As discussed before, you have many important rights that the authorities cannot violate. If they do, the charges might be on shaky ground. If you believe the police did something to violate your rights, tell your lawyer. We may raise this issue and demand that corrections be made or even that the entire case be dropped or dismissed.

Negotiate a Plea

Another common defense strategy is to work out a plea agreement with prosecutors. This involves pleading guilty to charges that the prosecutor agrees to reduce, allowing you to avoid harsh penalties. While this is not a perfect solution, it might be the best possible outcome for certain defendants, especially in cases where the evidence against them is too strong.

FAQs About Criminal Cases in Radnor

Do I Need a Lawyer for My Criminal Case in Radnor?

Criminal defendants do not have to have an attorney, but they have a right to one. Having a lawyer is almost always in your best interest, and pursuing your case on your own is extremely risky.

What Happens if I am Arrested in Radnor?

If you are arrested, the police will take you into custody at a local police station. You may be asked to provide identification, biographical information, and fingerprints. The police may want to ask you about the alleged offense, but you do not have to answer these questions. Demand to have a lawyer present as soon as you can.

Will I Go to Jail if I am Charged with a Crime?

Many criminal charges carry varying incarceration terms. If you are convicted, you may spend time in jail or prison based on the severity of the charges. In some cases, defendants are sentenced to probation terms and do not have to serve time behind bars.

How Long Do Criminal Cases Take in Radnor?

How long your case lasts depends on your charges. More serious charges tend to lead to longer investigations, and prosecutors may take more time to review the case. Many cases take as little as a few short weeks, More serious cases may take several months or even upwards of a year.

How Do I Defend Myself if I am Charged with a Crime?

The best defense is unique to each defendant. We should review the evidence against you and the actions taken by the authorities when preparing a defense. If evidence is lacking or your rights have been violated, we may build a defense based on this information.

What Rights Do I Have as a Criminal Defendant?

Criminal defendants have multiple rights that cannot be trampled upon. You have a right to have a lawyer represent you. You have the right to remain silent and refuse to answer questions from the police about the crime. You do not even have to take the witness stand if you do not want to. You also have important privacy rights that come into play when the police want to obtain a search warrant.

Should I Accept a Plea Deal in a Criminal Case?

If a plea deal is offered, discuss it with your attorney before accepting or rejecting it. For some, a good plea deal may be the best defense strategy. For others, it might be better to take matters to a full trial, especially if the case against you is weak.

When Should I Contact a Lawyer About My Criminal Case?

Contact a lawyer as soon as possible. While many call a lawyer shortly after being arrested, you can do so even earlier than this if you have reason to believe that the police want to arrest you.

Do I Need Evidence to Fight Criminal Charges?

You do not necessarily need evidence to fight your charges. If the prosecutor has weak evidence against you, you may only need to highlight their shortcomings. You may present evidence in your favor if you have any. Remember, defendants do not have a burden of proof to meet.

What Happens if I am Convicted of a Crime?

If you are convicted of a crime, your attorney should help you immediately file an appeal. If the appeal is successful, you might be granted a new trial, where legal mistakes made at the first trial must be correct. In some cases, defendants have a much better outcome in a second trial after an appeal.

Call Our Radnor Criminal Defense Attorneys Immediately

Get a free, private case evaluation by calling our criminal defense attorneys with the Liberty Law Team at (215) 826-3314.