Being charged with a crime can be extremely difficult to overcome, but it is far from impossible. Many defendants successfully fight their charges, and an experienced attorney can help you fight yours.

After you are arrested, you should avoid answering questions from the police about the suspected crime. Although it may be difficult to tell a police officer no, you are not required to answer their questions, and your silence may not be used against you. You may also demand to have a lawyer present during questioning, and your attorney can immediately begin working to secure your release. The best way to fight your charges will depend on your unique situation, and you may have multiple strategies at your disposal.

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

What Should I Do if I am Arrested for a Crime in Reading, PA?

If you are ever arrested for a crime, take the following steps to protect yourself from the authorities.

Remain Silent

Avoid answering police questions about the alleged criminal offense. You have the right to remain silent, and your refusal to answer questions cannot be used against you later. Other than basic questions needed to identify you, you do not have to answer any questions.

Demand a Lawyer

If you choose to answer questions from the police, do not do so without a lawyer. You have the right to have an attorney by your side as you answer questions, and the police must give you the opportunity to contact an attorney. Invoke this right as soon as possible.

Secure Your Release

Your attorney can begin working on getting you out of jail. If there is not enough evidence to press charges, you should be released shortly. If you are charged, your attorney can help you get released on bail.

How Do I Fight Criminal Charges?

While the best defense strategy depends on your unique situation, the following strategies may be effective and should be discussed with your lawyer.

Challenging Criminal Elements

To secure a conviction, prosecutors must prove each criminal element of your charges beyond a reasonable doubt. If even a single element is unproven, you should not be convicted. We may focus on criminal elements that the prosecutors may have difficulty proving and convince the jury that the prosecutor has failed to meet their burden.

Evidentiary Problems

Evidence is perhaps the most crucial part of any criminal case. If prosecutors do not have enough evidence to meet their burden of proof, we may be able to ask the judge to dismiss the charges if the prosecutors cannot come up with more evidence. In some cases, this ends a trial before it even begins.

Violations of Your Rights

You have many rights as a criminal defendant that the authorities are forbidden from violating. Even an accidental violation of your rights may lead to big consequences for prosecutors. For example, if the police seized evidence without a search warrant or a valid exception to the warrant rule, that evidence may be excluded from your trial and may not be used against you.

FAQs About How to Fight Criminal Charges in Reading, PA

What Happens After I am Arrested for a Crime?

After being arrested, you will likely be taken to a police station to be detained and questioned. Remember, you do not have to answer questions and may invoke your right to remain silent.

Do I Need a Defense Lawyer if I am Criminally Charged?

Yes. While it may be tempting to handle your case alone and avoid legal fees, doing so could cost you your freedom, depending on your charges. It is best to have an experienced attorney on your side who knows how to fight criminal charges.

When Should I Call a Criminal Defense Lawyer for Help?

Call an attorney as soon as possible after being arrested. Before asking questions about the alleged crime, the police must read you your Miranda rights, including your right to have a lawyer, and you may demand an attorney before answering any questions.

What Are Possible Criminal Charges in Reading, PA?

Criminal charges vary greatly from case to case. In Pennsylvania, you may be charged with a minor summary offense, a more serious misdemeanor, or a severe felony. Generally, the more serious the charges, the greater the penalties, including fines and incarceration.

Can the Police Search My Home if I am Suspected of a Crime?

Possibly, yes. The police may search your private property for evidence if they have probable cause to believe that evidence of a crime exists inside your home. Before searching, the police usually need a search warrant or a valid exception to the warrant rule.

What Are My Rights if I am Charged with a Crime?

You have multiple rights as a criminal defendant. You have rights to legal representation, a speedy trial, due process, and protection from unreasonable searches and seizures, among others. If any of these rights are violated, the issue may be brought up in court and possibly used to fight the charges.

How Do I Fight Criminal Charges in Court?

When defending yourself in a trial, it may be best to focus on undermining the criminal elements that the prosecutor must prove. If certain elements cannot be sufficiently established, you should not be found guilty.

What if Evidence is Seized Illegally in My Criminal Case?

If the authorities seize evidence without a warrant or a valid exception to the warrant rule, it may be deemed illegal or tainted and excluded from the trial. When key evidence is seized illegally, the entire case against you may fall apart.

What is a Plea Agreement in a Criminal Case?

A plea agreement, plea deal, or plea bargain is an agreement with prosecutors to enter a guilty plea in exchange for a reduction in charges and more lenient penalties. While you do not have to accept a plea agreement, they are common in criminal cases and may be a viable option.

How Long Do Criminal Trials Usually Take to Finish?

The time it takes to complete your case depends on numerous factors, including the severity of the charges, the complexity of the facts, and whether alternative legal options, such as plea deals or diversion programs, are available. Generally, a criminal trial may take a few weeks to a few months, although some more complex cases can take more than a year.

What Should I Do if I am Convicted of a Crime in Reading, PA?

If you are convicted, your fight does not end there. You and your attorney should file an appeal as quickly as possible. If your appeal is successful, you could be granted a second trial, during which legal errors from the first trial must be corrected. In some cases, defendants face better outcomes in a second trial.

Speak to Our Criminal Defense Lawyers in Reading, PA for Legal Help

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