Best Criminal Litigation Lawyers in Pennsylvania

About Criminal Litigation Law in Pennsylvania, United States

Criminal litigation in Pennsylvania refers to the process through which individuals accused of violating criminal laws are prosecuted and defended in the state's courts. Criminal cases can range from minor misdemeanors to serious felonies, and the outcomes may involve penalties such as fines, community service, probation, or incarceration. The legal process involves various stages, including investigation, arrest, arraignment, pretrial motions, trial, and sentencing. Pennsylvania follows its own criminal code and procedures, which may differ from those of other states. Having knowledge of how the system operates is crucial for individuals facing criminal charges.

Why You May Need a Lawyer

Finding yourself involved in criminal litigation can be daunting. Here are common scenarios where seeking legal representation is essential:

• Being arrested or charged with a crime, such as theft, DUI, assault, or drug offenses
• Receiving a summons to appear in criminal court
• Facing investigation for a suspected crime
• Being questioned by law enforcement as a suspect or witness
• Wanting to appeal a conviction or sentence
• Having prior convictions that impact your current rights or opportunities
• Seeking to expunge or seal past criminal records

A lawyer can help protect your constitutional rights, explain the charges and penalties, develop defense strategies, negotiate plea bargains, and represent you at trial or on appeal.

Local Laws Overview

Pennsylvania’s criminal laws are primarily found in Title 18 of the Pennsylvania Consolidated Statutes, known as the Crimes Code. Here are some distinctive features of criminal litigation in Pennsylvania:

• Pennsylvania divides crimes into summaries, misdemeanors, and felonies, each carrying different penalties
• The criminal process starts with charging, often followed by a preliminary hearing where a judge decides if enough evidence exists to proceed
• The Commonwealth of Pennsylvania, represented by the District Attorney, prosecutes cases against the accused
• Defendants have the right to a jury trial for most crimes
• There are specific sentencing guidelines that courts utilize, but judges retain some discretion
• Appeals are permitted, but must follow strict procedures and timelines
• Certain offenses, especially drug-related crimes, often have mandatory minimum sentences
• First-time offenders or minor crimes may qualify for diversionary programs, such as Accelerated Rehabilitative Disposition (ARD)

Frequently Asked Questions

What should I do if I am arrested in Pennsylvania?

If you are arrested, remain calm and exercise your right to remain silent. Ask for a lawyer immediately and do not answer questions or consent to any searches without legal counsel present.

Can I represent myself in a criminal case?

You have the right to represent yourself, but criminal law is complex and penalties can be severe. It is highly recommended to have a qualified defense attorney handle your case.

What happens at a preliminary hearing?

A preliminary hearing is where a judge determines whether there is enough evidence for your case to go to trial. It is not a trial, and the prosecution must show probable cause.

Will I have a jury trial?

Defendants have the right to a jury trial for most misdemeanors and felonies. You can also choose a bench trial, where a judge decides the outcome.

How are criminal penalties determined in Pennsylvania?

Penalties depend on the nature of the offense, past criminal history, and sentencing guidelines. Judges have some discretion but often follow state-recommended sentencing ranges.

What is plea bargaining?

Plea bargaining is when the defense and prosecution negotiate an agreement for the defendant to plead guilty to a lesser charge or for a reduced sentence, avoiding trial.

Can I clear my record after a conviction?

Some criminal records can be expunged or sealed, depending on the type of crime and whether you have completed your sentence and other legal requirements.

What are my rights if the police want to question me?

You have the right to remain silent and to consult with an attorney. You cannot be compelled to answer questions or provide statements that may incriminate you.

How long does the criminal litigation process take?

The timeline varies depending on the seriousness of the charges, court schedules, and case complexity. Some cases resolve in weeks, while others take months or longer.

What should I expect from a defense attorney?

A defense attorney will review your case, explain the charges, represent you in court, develop defense strategies, file motions, negotiate with the prosecution, and advocate for your rights throughout the legal process.

Additional Resources

If you need more information or assistance, consider reaching out to the following resources:

• The Pennsylvania Bar Association - offers referral services to find local attorneys
• County Public Defender's Offices - provide legal services for individuals who cannot afford private counsel
• Pennsylvania Legal Aid Network - offers free or low-cost legal assistance in certain cases
• Pennsylvania Unified Judicial System - provides resources about court processes and case search tools
• The Pennsylvania Commission on Crime and Delinquency - offers crime victim support and additional resources

Next Steps

If you or someone you know is facing criminal charges in Pennsylvania, it is important to act quickly. Here are steps to consider:

• Do not discuss your case with anyone except your attorney
• Contact a qualified criminal defense lawyer as soon as possible to discuss your situation and your options
• Gather any documents or evidence related to your case
• Attend all court appearances and follow your attorney’s advice closely
• Use the additional resources listed above for information and support

Remember, early legal intervention can make a significant difference in the outcome of your criminal case.