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1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
| | | Free Initial Consultation
1-866-6LAWFIRM
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What to Do If You Are Approached By the Police and Questioned • Do not run or flee
• Do not throw anything to the ground
• Be Courteous
• Provide Your Identification – name, address & telephone number
• Do not answer any questions – Your options when speaking to the police are to
tell the truth or to remain silent – Choose to remain silent
• Ask if you are free to leave
- If yes, then leave
- If no, Ask the officer to arrest you or inform them that you are leaving
• Do not consent to a search of your person – In some circumstances the police
can “pat “ you down
• Remain silent – Do not say anything
• Contact our office immediately so we can protect your rights
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Regardless of the offense for which a person is being investigated a person should always be polite and respectful to the police officer or detective conducting the investigation. However, a person should know that a response to questioning by the investigator is not required. A person should provide the investigator with his or her name, address, social security number and date of birth. After providing contact information, the person being investigated should be mindful of the right to remain silent. A belief that cooperating and answering questions will extract oneself from being the suspect is often misguided. An investigator approaches a person and questions them because the investigator believes the person answering the questions already did something wrong. Normally, an investigator has more information than the person being questioned and is just searching for that self-incriminating statement that changes an investigation into an arrest. A person is often approached by an investigator without any warning or notice. Catching a person off guard is often part of the game plan of the investigator. By fully understanding how to end the unexpected questioning, a person can protect themselves from being arrested. A person being investigated should ask the investigator if he or she is under arrest. If no, tell the investigator that on advice of counsel you are raising your Fifth Amendment right to remain silent. If yes, tell the investigator that you are not going to answer any questions until you speak with an attorney. Remember, the investigator may eventually tell you that you have the right to remain silent or the right to a lawyer anyway, so beat the investigator to the punch and control the situation. By understanding that you are the focus of an investigation and retaining counsel, we are often able to set up a time to clear the arrest warrant, turn you in and appear at your arraignment.
Lastly, follow your own advice and call us at 1-866-6-LAWFIRM for a free consultation. Our objective will be to obtain as much information as the investigator has in order to effectively advise you. Once we are involved, we reach out to the investigator to gather information and keep a person from being arrested. We accomplish this by trying to explain to the investigator that there are many options that can resolve the investigation in a satisfactory manner.
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Regardless of the offense for which a person is being investigated a person should always be polite and respectful to the police officer or detective conducting the investigation. However, a person should know that a response to questioning by the investigator is not required. A person should provide the investigator with his or her name, address, social security number and date of birth. After providing contact information, the person being investigated should be mindful of the right to remain silent. A belief that cooperating and answering questions will extract oneself from being the suspect is often misguided. An investigator approaches a person and questions them because the investigator believes the person answering the questions already did something wrong. Normally, an investigator has more information than the person being questioned and is just searching for that self-incriminating statement that changes an investigation into an arrest. A person is often approached by an investigator without any warning or notice. Catching a person off guard is often part of the game plan of the investigator. By fully understanding how to end the unexpected questioning, a person can protect themselves from being arrested. A person being investigated should ask the investigator if he or she is under arrest. If no, tell the investigator that on advice of counsel you are raising your Fifth Amendment right to remain silent. If yes, tell the investigator that you are not going to answer any questions until you speak with an attorney. Remember, the investigator may eventually tell you that you have the right to remain silent or the right to a lawyer anyway, so beat the investigator to the punch and control the situation.
Lastly, follow your own advice and call us at 1-866-6-LAWFIRM for a free consultation. Our objective will be to obtain as much information as the investigator has in order to effectively advise you. Once we are involved, we reach out to the investigator to gather information and keep a person from being arrested. We accomplish this by trying to explain to the investigator that there are many options that can resolve the investigation in a satisfactory manner.
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If we are unable to keep you from being arrested or if the investigator already has enough information with which to obtain an arrest warrant, we will assist you in clearing the arrest warrant. Clearing the arrest warrant usually involves scheduling an arraignment at your local district justice office. At your arraignment, the district justice will read the offenses with which you are charged and set your bond. Setting a bond involves an evaluation by the district justice of your criminal justice system history, i.e., your prior arrests, the offenses with which you are charged, your contacts with the local community, your future dangerousness to the community and your likelihood of appearing at your future court dates. Of course, we are sure you can predict that when you arrive at your arraignment with a lawyer, the district justice is more likely to judge the previously mentioned factors in your favor and release you on your own recognizance (ROR). However, depending on the severity of the charges and your prior arrests, a person may still need to pay a bond to avoid being taken to jail.
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A bond is what a person has to pay to avoid spending time in jail while fighting the charges from arraignment to trial. Your bond can range from ROR, which is a non-monetary promise that you will appear at your future court dates and not commit anymore crimes, to as high as you can imagine. Bonds can also be a percentage type bond or a straight bond which means you either have to pay the listed percentage or the total listed amount, respectively. Lastly, in some uncommon instances, a district justice will not set a bond at all, which means, no matter how much money you have, you will not get out of jail while your case is pending.
TOP OF PAGE After the arrest, the arraignment is the first opportunity for the accused to learn about the charges for which he or she has been arrested. At this time the court will read you your charges and set your bond. Setting a bond involves an evaluation by the district justice of your criminal justice system history, i.e., your prior arrests, the offenses with which you are charged, your contacts with the local community, your future dangerousness to the community and your likelihood of appearing at your future court dates. Of course, you can predict that when you arrive at your arraignment with a lawyer, the district justice is more likely to judge the previously mentioned factors in your favor and release you on your own recognizance (ROR). However, depending on the severity of the charges and your prior arrests, a person may still need to pay a bond to avoid being taken to jail. Our involvement in this process ensures that you understand the process and are prepared to face the charges that were filed against you. As mentioned below, we can have some input in setting the date for the most important opportunity to obtain information on the theme and theory of the prosecution’s case.
TOP OF PAGE Was a crime committed? Is it more probable than not that the person arrested committed the alleged offense? Also referred to as a prima facie case, the prosecution receives the benefit of only having to establish the answer to the two questions listed above. Additionally, by rule of procedure, the District Justice hearing the testimony at the preliminary hearing is required to believe the witnesses presented by the prosecutor. Because of this procedure rule, the accused is almost always not benefited by presenting witnesses on his or her behalf. Additionally, we are of the opinion that the defense to a charge should not be revealed until it will have the utmost effect—in the presence of the jury. After the testimony has been presented and after argument on behalf of the attorneys, the charges will either be dismissed, held over for court or a combination of both, if there is more than one offense. This is also the best time to cross-examine the commonwealth witnesses and police as well as to uncover potential defenses and suppression issues. In certain cases the preliminary hearing is the most important step in the entire process. The importance of conducting a preliminary hearing is often undervalued by many attorneys. The accused is not often aware that an opportunity was lost until a second opinion is sought out by the accused. We welcome those who are not happy with their current attorneys. Our free consultations provide you with a second opinion with no strings attached. We are confident that you will either feel more at ease with your current situation or you will want to retain us to protect your rights and lead you through the remaining process.
TOP OF PAGE In most counties this is a calendar control date at which the prosecutor delivers the criminal information to the accused. The criminal information officially lists the charges that must be defended. The date of the formal arraignment is also the date from which important deadlines begin to run. Deadlines for alibi defenses, pretrial motions, discovery requests and other begin to run from this date. Failure to file any of these notices may result in an opportunity forever lost due to a procedural miscue. Lastly, we enter our appearance of you on the record at the formal arraignment. By entering our appearance, the courts and the prosecutors will notify us of any postponements or other procedural variations that may occur throughout our representation of you. Also, the prosecutors will know that we are the people with whom they can negotiate an acceptable resolution as well as the people to whom the police and laboratory reports should be shared.
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A PTC usually provides the defense and/or prosecution the opportunity to present and argue the pretrial motions that were filed after the formal arraignment stage. If there are problems or issues with the discovery process, a PTC allows the parties to argue their points to the judge. Furthermore, the PTC is the last opportunity to negotiate a settlement prior to listing the case for trial or the call of the list.
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A trial is a presentation of each party’s case in front of a jury, judge or a combination of both depending upon the facts of each case. Proof beyond reasonable doubt is required prior to the finding of guilt. Reasonable doubt is doubt which causes a reasonable prudent person to hesitate when making one of life’s important decisions. The accused enjoys the presumption of innocence throughout the trial. At a trial is when an accused enjoys the benefit of a cohesive defense that was prepared from the investigatory stage of the proceedings to trial. At trial is when the prosecution will get its first and last look at the theme and theory of the defense’s case. Effective defenses begin at the moment a person becomes a suspect and can range from an alibi, mistaken identity, entrapment or insanity defense to a burden of proof defense. There is no substitute for a well prepared attorney. If you would like more information or if you would like to set up a meeting to discuss the facts of your particular case, please contact Attorneys Crosby & Sughrue.
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Sentencing of course, only happens if the prosecution was able to meet its burden of proof and a conviction was obtained. Sentencing also happens after a guilty plea, negotiated or otherwise, is entered on the record. At that time, a person can be sentenced pursuant to a plea agreement, if one was negotiated, or a presentence investigation can be requested or ordered by the judge. Throughout our representation of you, you will be constantly reminded of the potential penalty for the offenses with which you are charged. We do this not to scare, but to make sure you understand the full effect of your decisions. Being aware of your options and the risks associated with your decisions is one of the most important services we, as experienced attorneys, can provide a client.
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What is an Expungement? § 18 PA C.S. 9122 enables certain individuals to remove their names and case files from the criminal justice records. In other words, if you have been arrested, you can expunge the record of said arrest(s) so that no one can discover your record. If you have ever been arrested, the government keeps public records of the incident. A background check will produce details of the case and may affect future employment, your ability to be bonded or your ability to obtain a gun permit. Attorneys Crosby & Sughrue, A Law Firm. routinely expunges arrest records. If you have been convicted of any crime, your only hope of purging your criminal records is through a pardon. Attorneys Crosby & Sughrue, A Law Firm. can assist you with your pardon application.
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