The fact that someone is charged with a crime does not automatically make them guilty. You have a right to defend yourself, and many defendants successfully beat their charges. If you are charged, call a defense lawyer for help immediately.

One of the biggest mistakes defendants make is hesitating to call a lawyer. Ideally, you should call a lawyer for help immediately after being arrested. If you believe you are under investigation, you should call a lawyer immediately, and they can help you prepare for an impending arrest. They can also review your case to find anything suspicious, like illegally seized evidence or other violations of your rights.

Call the Liberty Law Team at (215) 826-3314 to ask our criminal defense attorneys for a confidential, free legal review.

When Should You Call a Criminal Defense Lawyer for Help?

It is never too soon to call a defense lawyer for help. While many defendants do not reach out to a lawyer until after they have been arrested, it may be possible to call for help sooner.

Before You Are Arrested

As said, many defendants call a lawyer for help after the police have arrested them. This is so common because many defendants do not realize the police are investigating them or that there is a warrant for their arrest until it is too late.

While being arrested by surprise can be difficult, just remember to stay calm and avoid answering any questions about the alleged crime until you have a lawyer by your side.

Before Custodial Interrogation

You have a right to a lawyer when the police question you. Legally, the police must explain this to you as part of your Miranda rights before they start questioning. You have every right to cease custodial interrogation and demand a lawyer. The police may not prevent you from contacting a lawyer and cannot use your silence against you in any way.

Before Your First Hearing

If you still do not have an attorney, you should call one for help before your first hearing. In Pennsylvania, the first hearing is usually a preliminary hearing where a judge will determine if sufficient evidence exists to hold a defendant for trial. If you do not have a lawyer by the time of this hearing, tell the judge and ask for time to hire a lawyer.

Judges take the rights of criminal defendants very seriously, and they will likely grant a continuance of your hearing so you can get a lawyer.

What if the Police Search Your Property Without a Warrant in Swarthmore?

When it comes to searches conducted by law enforcement, warrants are the gold standard. While warrantless searches are not always illegal, they should be considered major red flags in the case.

Exceptions for Warrantless Searches

If the police searched your private property without a warrant, we should be highly suspicious of any evidence they may have seized. While exceptions to the warrant rule exist, our criminal defense lawyers must make them prove that a valid exception allowed them to conduct a warrantless search.

If the police cannot prove that an exception existed, we may ask the court to exclude the evidence they seized, as it was seized in violation of Fourth Amendment rights.

Pre-Trial Motions

We will have the opportunity to present motions to the judge and argue the merits of our claims, and the prosecutor may argue against us. If we convince the judge that evidence was seized illegally or otherwise does not conform to evidentiary rules and requirements, the judge can order that the evidence be excluded from the case and not used against you.

Appeal

Courts do not always exclude illegal or inadmissible evidence when they should. If illegally seized evidence makes it into your trial, and you are convicted, we can file an appeal. If our arguments succeed, the appellate court may order a new trial where the illegal evidence must be excluded.

Possible Criminal Defense Strategies

The right defense strategy depends on your specific charges and the facts and evidence involved in the case. Below are some common tactics worth discussing with your attorney.

Prosecutor Lacks Sufficient Evidence

Prosecutors must present evidence that proves the charges “beyond a reasonable doubt.” This is a very high burden of proof, and not every case has enough evidence.

Can the prosecutor in your case meet their burden of proof? If not, we can file a motion asking the judge to dismiss the charges for a lack of evidence. Such a motion may be granted if it is abundantly clear that the evidence against you is insufficient.

Impeaching Evidence and Witnesses

A great way to challenge the prosecutor’s evidence is to undermine its credibility. If jurors cannot trust the prosecutor’s evidence, they may be unable to find you guilty. We can highlight flaws or weaknesses in the prosecutor’s evidence.

For example, witnesses called by the prosecutor might not be as reliable as they claim. They may have a motive to lie, or their testimony might be inaccurate or otherwise untrustworthy. We can impeach them on cross-examination.

Counterevidence

Do we have evidence that tells a different story than the prosecutor’s evidence? For example, the prosecutor might present eyewitness testimony placing you at the scene of the alleged crime. We might counter these claims with location data from your cell phone showing that you were elsewhere when the crime happened.

Our counterevidence does not have to be definitive. The fact that your phone was not at a crime scene does not definitively prove that you were also elsewhere, but it may raise significant doubt about the prosecutor’s claims.

What Happens When a Person is Arrested in Swarthmore?

When a person is arrested, they may be handcuffed and taken to the police station to be booked into custody. The arrest process can be frightening, but you must not resist the police. Resisting arrest may only lead to additional penalties.

Will You Be Held in Jail After Being Arrested?

Generally, yes. When someone is arrested, they may be detained in jail until prosecutors decide whether to press charges. Once in custody, you are not free to leave, and you should call a lawyer for help as soon as possible.

Are You Required to Hire a Criminal Defense Lawyer?

No. Defendants are allowed to represent themselves in criminal proceedings, but this is not a good idea. You should call a lawyer to help you understand the charges, navigate complicated legal procedures, and assert the strongest defense possible.

How Long Can the Police Detain You Without Criminal Charges?

In Pennsylvania, the police generally may not detain a suspect for more than 48 hours without criminal charges. If you are arrested on a holiday or weekend, you may be held for up to 72 hours. If you are detained for longer than 48-72 hours without criminal charges, call a lawyer for help immediately.

Ask Our Swarthmore Criminal Defense Attorneys for Legal Help Today

Call the Liberty Law Team at (215) 826-3314 to ask our criminal defense attorneys for a confidential, free legal review.