When facing the criminal justice system in Pennsylvania for the first time, you may feel overwhelmed by the legal process. After an arrest, working with an experienced criminal defense attorney can help you prepare for what to expect at each stage of your criminal case and give you the best chance of obtaining a favorable resolution.
Understanding Arrests Under Pennsylvania Law
Law enforcement arrests a person by depriving them of their freedom to walk away because they intend to investigate and potentially prosecute the person for a crime. By default, law enforcement requires an arrest warrant to place someone under arrest. However, police may dispense with a warrant when they see an individual commit a crime. Police may also arrest someone for various offenses they may have already committed if they have probable cause to believe the person committed the crime.
When law enforcement arrests a person, they will eventually take them to the agency’s headquarters for booking and processing.
Booking and Processing
During booking and processing, law enforcement will collect personal details from the arrestee, including their name, address, Social Security number, fingerprints, and photographs. The arresting law enforcement agency will run the arrestee’s information through law enforcement databases to check if they have other outstanding warrants. Officers will also search the arrestee for contraband and place them in a temporary holding cell until releasing them on their own recognizance or to another person’s custody, or until the person can go before the court for an initial hearing.
Initial Hearing
During the initial hearing or arraignment, the court will formally advise the arrestee – now a criminal defendant – of their charges. The court will also advise the defendant of their rights, including the right to have legal representation. The court may order the defendant released pending trial, often subject to bail and other conditions of release, or order them detained pending trial.
Preliminary Hearing
After an arraignment, the court will schedule one or more preliminary hearings to monitor the progress of pretrial proceedings, resolve pretrial motions, and review the need for a defendant’s continued pretrial detention.
Discovery and Pretrial Motions
Before trial, the parties in a criminal case may exchange evidence and witness lists through discovery. Parties may also file pretrial motions, including motions to admit, exclude, or limit evidence or to dismiss charges for lack of evidence.
Plea Negotiations
In many criminal cases, parties engage in plea negotiations, where a defendant negotiates a favorable sentence in exchange for pleading guilty to one or more charges. A defendant may agree to a plea deal when the prosecution has overwhelming evidence of their guilt, which makes going to trial a losing proposition.
Trial
However, when a defendant chooses to fight their charges and maintain their innocence, a criminal case will eventually reach the trial phase. During the trial, the parties can present arguments, evidence, and witness testimony to a judge or jury who will issue a verdict finding the defendant guilty or not guilty. Following a conviction, the court will impose a sentence according to statutory requirements and advisory sentencing guidelines.
Contact a Criminal Defense Lawyer Today
Following an arrest in Pennsylvania, don’t leave the outcome of your criminal case to chance. Contact Chieppor & Egner, LLC, today for a confidential consultation with an experienced criminal defense lawyer. We’ll explain how our firm can help protect your rights, reputation, and future when facing the criminal legal process.
