The timely resolution of criminal charges calls for an attorney who has experience defending clients and is dedicated to providing personal service. Contact our firm today to schedule a consultation and case evaluation with a criminal defense attorney.
Southeast Pennsylvania Criminal Defense Lawyers
At Ross & Schnarrs, we provide experienced, effective criminal defense representation on behalf of people facing felony or misdemeanor charges in the courts of southeast Pennsylvania. Whatever your situation and whatever the charges, you can rely on us for experienced legal representation, knowledgeable guidance, honest information, hands-on personal attention and a great deal more.
The following articles offer general information on a broad range of criminal defense topics. For more specific information about your individual rights and options — please call our Pottstown law offices at 610-323-5300 or contact us online.
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If you need an attorney who can stand strong in your defense, someone who understands what you have at stake, someone who knows how to get results — contact the Pottstown, Norristown or West Chester, Pennsylvania, law offices of Ross & Schnarrs, P.C. today.
Experience defending clients against all kinds of charges, knowledge of the law and the criminal justice system, credibility with law enforcement, prosecutors and courts in Pottstown and throughout southeast Pennsylvania — these assets and more can start working for you today at Ross & Schnarrs, P.C. Call or contact us to schedule a consultation right now.
Criminal Defense - An Overview
Our criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A skilled attorney from Ross & Schnarrs in Pottstown, Pennsylvania, can fight for your legal and constitutional rights.
Due Process
Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries.
The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly, this means that throughout the criminal justice process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when a person is facing substantial negative consequences, such as incarceration.
Stages of a Criminal Case
Investigation: During the investigation of a crime, the police review the facts, interview witnesses and gather evidence against suspect(s). Once the police have enough evidence, they can ask a judge to sign an arrest warrant for a suspect.
Arrest and Bail: After being arrested, a suspect will go before the judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until the trial. Bail is an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors including the severity of the crime the suspect is accused of, the strength of the prosecution's case, whether the accused has a criminal history and whether the suspect is a flight risk. If the suspect shows up for future court dates, the bail money is returned. If, however, the suspect doesn't show up or flees, the court will keep the money and issue an arrest warrant.
Arraignment: The accused first appears before the judge at an arraignment. At this proceeding, the judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed attorney, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.
Preliminary Hearing: In felony cases, a judge or magistrate will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant so that the case can proceed to the next stage. It is an adversarial proceeding and the defendant's attorney has the right to cross-examine the prosecution's witnesses. It is also sometimes called a "preliminary examination" or "probable cause hearing."
Plea Bargaining: Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense. A seasoned criminal defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.
Trial and Sentencing: At trial, the prosecutor and defense attorney will give opening and closing statements, introduce evidence and question witnesses. If a defendant is found guilty, the court will impose a sentence, which may include incarceration, fines, court costs, restitution and probation. For minor crimes, the sentence may be issued right away. For more serious crimes, the prosecution and defense will submit evidence and arguments about what the appropriate sentence should be. In some states, a judge will decide the sentence. In other states, sentencing is a completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Also, before the sentence is issued, the defendant has the right to allocution, which is when the defendant can address the judge directly. It may be a chance for the defendant to apologize, show remorse or explain his or her actions.
Conclusion
To better protect yourself throughout your involvement with the criminal justice system, consult with an informed, knowledgeable criminal defense attorney like one from Ross & Schnarrs in Pottstown, Pennsylvania. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.
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