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, like conduct illegal searches, 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.

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.

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.

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 evidence is in plain view, they can seize it without a warrant.

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.

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.

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.

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, they may seriously undermine the case against you.

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.

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.

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.