Malvern, PA Criminal Defense Lawyers
Criminal charges, or even just accusations, can turn your world upside down. Your first step should be to contact a skilled criminal defense lawyer for immediate assistance.
Developing a successful defense depends on the many unique factors surrounding your case. Your attorneys might help you challenge the validity or sufficiency of the prosecutor’s evidence. There might be procedural grounds on which to build your defense. In some cases, a plea agreement might be the best course of action. It is best to talk to an attorney as soon as you possibly can. For many, this happens shortly after being arrested. If you are tipped off about a criminal investigation, you should contact an attorney immediately. You might face varying charges, including minor summary offenses, misdemeanors, or serious felonies. If you are arrested, remain calm, cooperate with law enforcement, and demand to speak to a lawyer as soon as possible.
Call The Law Offices of Lloyd Long at (215) 302-0171 and ask our criminal defense attorneys for a private, free case evaluation.
How to Come Up with Effective Defense Tactics in Malvern, PA Criminal Cases
The best defense varies significantly from case to case. It is critical that you and your attorney review every detail of the alleged offense, your arrest, and all your interactions with law enforcement. You never know where the key to your defense might lie.
One common strategy worth exploring is challenging evidence. First, our criminal defense lawyers can help you challenge evidence that was obtained illegally and should not be allowed to be used against you in court. You have Fourth Amendment rights against unreasonable searches and seizures. If the police violated your rights by searching your home and seizing evidence without a warrant or an exception to the warrant requirement, that evidence may be considered tainted. Tainted evidence may be kept out of your trial and cannot be considered or heard by jurors.
Second, we can challenge the sufficiency of the evidence. Even when all the evidence presented by the prosecutor is totally legal and on the up and up, it might not be enough to secure a conviction. If it is clear that there is not enough evidence for prosecutors to meet their burden of proof, we can file a motion to have the case dismissed for lack of evidence. Prosecutors must prove their case beyond a reasonable doubt, which is an incredibly high burden, so challenging the sufficiency of evidence is not uncommon.
We should also explore procedural grounds on which to build a defense. For example, suppose prosecutors have continued to delay your trial repeatedly. While delays are somewhat common, they can become unreasonable and violate your due process rights, including the right to a speedy trial.
When to Hire a Criminal Defense Lawyer for a Malvern, PA Criminal Case
While defendants must be informed of their right to an attorney, nobody tells you when or how to hire one. Hiring a lawyer is one of the best things a criminal defendant can do for themselves because very few people in the criminal justice system will stick up for you like a defense lawyer.
If you can, speak to an attorney before you are arrested. This might sound impossible. How are you supposed to know you will be arrested before it happens? While many people do not see the arrest coming, others do. Perhaps you are tipped off by a friend or family member who was contacted by the police and asked about you. Maybe the police approached you once or twice, but the interactions were not positive. Having a lawyer before you are arrested means your lawyer should be ready to jump to your rescue if and when an arrest finally occurs.
Many, if not most, defendants call a lawyer after an arrest. Typically, defendants are taken into custody and booked at the police station. Before the police begin custodial interrogation, they are required to read you your Miranda rights and inform you of your right to refuse to answer questions and have a lawyer with you. Invoke these rights immediately.
If you still have not hired a lawyer after being questioned by the authorities, you should hire one before your first court appearance. Not only might you be unfamiliar with how to fight your criminal charges, but now you must navigate complex courtroom procedures on top of everything else. A lawyer can help you develop a solid defense while helping you maneuver through complicated procedural rules.
Criminal Charges Defendants Might Face in a Criminal Case in Malvern, PA
Criminal charges may vary significantly. While some charges are relatively minor, others are extremely serious and may be met with years in prison.
Summary Offenses or Infractions
A summary offense is the least serious type of criminal offense. These offenses are often met with a citation and fine from the police. Many defendants never even have to show up for a court hearing. While jail time is possible under the law, it is unusual for summary offenses. According to 18 Pa.C.S. § 1105, a person guilty of a summary offense may be sentenced to jail for no more than 90 days. Again, jail time for summary offenses is not typical.
Misdemeanors
Misdemeanor offenses are often regarded as being less serious, at least compared to felonies. In reality, misdemeanors may carry substantial jail time, and you should call an attorney as soon as possible if you are charged.
According to 18 Pa.C.S. § 1104, misdemeanors may be considered first, second, or third-degree felonies based on their severity. A third-degree felony may be penalized with a jail term of no more than 1 year. Second-degree felonies may carry a jail term of no longer than 2 years. Finally, a first-degree misdemeanor may be punished by up to 5 years in jail.
Felonies
Felony charges are perhaps the most severe types of criminal charges a defendant can be charged with in Pennsylvania. People facing felonies might risk years or even decades in prison. Under 18 Pa.C.S. § 1103, a third-degree felony may be penalized by up to 7 years in prison. A second-degree felony may be met with no more than 10 years in prison. Finally, a defendant guilty of a first-degree felony may be sentenced to up to 20 years in prison.
Talk to Our Malvern, PA Criminal Defense Attorneys for Help Right Away
Call The Law Offices of Lloyd Long at (215) 302-0171 and ask our criminal defense attorneys for a private, free case evaluation.
