Criminal Law

Individuals with criminal records are denied access to many opportunities, including jobs, housing, and education. Prior convictions can be used against a defendant in a future criminal prosecution, and prevent an individual from traveling outside the United States. A criminal record can have a shattering impact on so many aspects of an person’s life, it’s crucial to fight aggressively against a criminal prosecution. Pennsylvania defense lawyer David M. Manilla is a member of DUI-DWI.com, a nationwide network of skilled defense lawyers devoted to safeguarding the rights of criminal defendants.

Special Note: This information about Pennsylvania criminal law exists to inform rather than to advise. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.

WHAT IS A CRIME?

Crimes are any actions that violate federal, state or local laws. Individuals found guilty of violating those laws can be punished with fines, imprisonment, and other repercussions. The penalties increase with the seriousness of the crime. Criminal offenses fall into one of three categories: felonies, misdemeanors and summary offenses, all of which carry the possibility of incarceration.

Most traffic infractions and offenses such as disorderly conduct and first-offense shoplifting fall into the category of summary offenses. Summary charges can come in the form of a citation from police or by a summons from a district justice to appear and answer charges.

If someone charged with a summary offense asks for a hearing, it will be held before a district justice. If the defendant is found guilty, and a fine or prison sentence is imposed, the verdict can be appealed to the Court of Common Pleas in the county where the charge was originally filed. The appeal must be filed in a timely manner or the opportunity will be lost.

Another option, known as an accelerated rehabilitative disposition, or “ARD,” is designed to rehabilitate as well as punish. Anyone charged with a summary offense should discuss the possibility of an ARD with a lawyer prior to any hearing on the matter.

Charges that are filed as misdemeanors or felonies are far more serious offenses. Misdemeanors include offenses such as driving under the influence of alcohol or drugs, assault, and certain theft cases. Robbery, rape, burglary, and murder are charged as felonies.

Anyone charged with a misdemeanor or a felony is entitled to a preliminary hearing in front of a district justice. This is not a trial. The district justice will evaluate the case only to determine whether the Commonwealth has made a case that deserves to be tried in court. If the district justice orders the defendant to stand trial, the proceeding will occur in the Common Pleas Court of the county where the charges are filed.

WHAT HAPPENS DURING A STOP BY A POLICE OFFICER?

Police can ask brief questions or ask individuals for identification without making an arrest. They can give someone a citation for a summary offense. However, if police read an individual his or her rights or takes the person into custody, an arrest has been made. No Miranda warning is required unless an individual is being questioned.

Anyone who resists arrest will likely be charged with a separate criminal offense. Police are allowed to use reasonable to make an arrest if it’s necessary. Because of this, it’s extremely unwise to resist arrest or interfere in the arrest of another individual. People who suspect their rights have been violated should consult with an attorney as quickly as possible.

WHEN CAN THE POLICE CONDUCT A SEARCH?

Police don’t always need a warrant when conducting a search. If an individual gives consent to search their person or property, police don’t need a warrant, and any evidence found can be used in court. Therefore, it is unwise to consent to a warrantless search.

Police can also search someone who has been arrested without a warrant or consent. An officer may also conduct a “pat-down” without a warrant or consent to check for weapons before or after arrest. Police are also permitted to search the immediate area.

So-called “exigent” circumstances can also give police leeway to search without a warrant. Exigent circumstances arise when police are facing what appears to be an emergency which requires an immediate search. Exigent circumstances exist when valuable evidence would otherwise be lost or damaged, or when a criminal suspect could escape before a warrant can be obtained.

Although there are many instances when police can conduct a search without a warrant, some warrantless searches are unlawful. Anyone who feels that police have improperly searched them or their property should discuss the matter with a lawyer.

WHAT IF AN INDIVIDUAL IS CHARGED WITH A CRIME?

Individuals who are charged with or suspected of a crime have certain rights. Most importantly, criminal suspects have the right to remain silent and the right to have a lawyer present at all stages of the proceedings. Even criminal suspects who haven’t been charged with a crime are protected by these rights.

The most important things for criminal suspects to keep in mind are:

• Know your rights.
• Don’t give up the right to a preliminary hearing unless an attorney advises to do so.
• Follow the defense attorney’s advice. If the lawyer advises not to discuss the case with anyone, follow the advice.
• Always be courteous and respectful to the police and courts.
• Arrange bail as soon as possible. Bail can be posted using a bondsman, cash, or real estate. Registered bondsmen may charge for posting bail. However, if cash or real estate is used, complied with all appearances and the trial is completed, the money will be returned and the real estate will no longer be tied to the case.

Anyone arrested for driving under the influence of alcohol or drugs is required by state law to take a blood, breath or urine test. Suspected drunk drivers who refuse to take to a chemical test after a DUI / DWI arrest will have their licenses suspended for one year and risk incarceration. However, police must advise suspected drunk drivers that they have no right to have a lawyer present or to discuss the request for a test with a lawyer.

WHAT KINDS OF PROBLEMS CAN CRIMINAL CHARGES CAUSE?

A criminal record – even for a less-serious first offense –can cause insurmountable obstacles in life in the areas of employment and educational opportunities. Prior criminal convictions can be used to enhance a defendant’s punishment if that person faces similar charges in the future. For example, if a person is convicted of shoplifting, a second or subsequent shoplifting offense will be charged as a misdemeanor, not a summary offense. .

Because a criminal record can hinder every aspect of a person’s life, it’s important to fight aggressively against any pending charges with the help of a top defense lawyer. David M. Manilla is a skilled Pennsylvania criminal defense attorney and part of DUI-DWI.com, a national network of defense lawyers devoted to protecting the rights of criminal defendants. Contact David Manilla today for a free consultation.