Pennsylvania Criminal Defense Attorney

How a criminal case moves through Pennsylvania courts

Every Pennsylvania criminal case follows roughly the same path, whether it starts in Media, Norristown or Doylestown. Knowing where you are in the process makes it easier to make good decisions at each step.

• Arrest or summons. Some cases start with an arrest. Others start with a summons in the mail, which is common for DUI and lower-level charges.
• Preliminary arraignment. A magisterial district judge reads the charges and sets bail, usually within hours of an arrest.
• Preliminary hearing. The prosecution must show enough evidence for the case to move forward. Charges are sometimes reduced or withdrawn here, and this is often where ARD is first discussed.
• Formal arraignment and discovery. The case moves to the county Court of Common Pleas. We receive police reports, video and lab results.
• Pretrial motions. If evidence was obtained through an illegal stop, search or interrogation, we can ask the court to suppress it.
• Plea, diversion or trial. Most cases end in a negotiated outcome or a diversion program. If not, the case goes to a judge or jury trial.

How Pennsylvania grades crimes

Pennsylvania offenses are graded from summary offenses up to first-degree felonies. The grade sets the maximum penalty, although actual sentences are usually guided by the Sentencing Guidelines and your prior record. Many charges, like theft and drug possession, change grade depending on the amount involved or your history.

Ways to resolve a case without a conviction

For many people facing a first charge, the most important question is not whether they can win at trial, but whether the case can end without a conviction at all. Pennsylvania and its counties offer several options.

• ARD. A diversion program for many first-time offenders. You complete supervision and conditions, the charges are dismissed, and the record can be expunged.
• Section 17 probation. For certain first-time drug possession cases, the court can place you on probation without a verdict. Successful completion leads to dismissal.
• Treatment courts. Several counties run drug, mental health and veterans treatment courts for people whose charges are tied to an underlying problem.
• Withdrawal or dismissal. Charges can be withdrawn at or after the preliminary hearing when the evidence does not hold up.

Clearing your record afterward

Expungement removes a record entirely and is available for dismissed charges, acquittals, completed ARD, and some summary offenses after five years without an arrest. Pennsylvania's Clean Slate law also seals many older misdemeanor records, and some lower-level felonies, from public view after a set period without a new conviction. Some sealing happens automatically; other records need a petition.

A sealed or expunged record can make a real difference on job, housing and school applications. We discuss record clearing at the start of a case, because the way a case is resolved decides what can be cleared later.

If the police want to talk to you

If a detective calls asking you to "come in and clear things up," you are almost always a suspect. You do not have to go, and you should not go without a lawyer. Politely say you want to speak with an attorney first, and then call one. The same applies if police come to your home: you do not have to consent to a search unless they have a warrant.