FAQs and answers in Criminal Defense Cases

Do I really need an attorney?

The answer to this question is always and without a doubt, YES. Any time a non-lawyer (and sometimes even a lawyer) is going to deal with a legal problem of any kind the first thing I would tell any person from my mother to a random person on the street is GET AN ATTORNEY. That advice is even more important to a person facing any criminal charges, from summary traffic cases to the most serious homicide.

Should I talk to the police?

NO. You should not under any circumstances make any statement whatsoever about your case or any facts even remotely related to any potential charges you may face to the police without having an attorney present. If you should get into any trouble, or if you talk to a police officer and he/she begins asking you questions about any potential criminal matter of any kind you should immediately exercise your right to remain silent and ask for an attorney before giving them a non-stop silent treatment.

Can you get me or my loved one out of jail?

It depends. While most attorneys might say “yes” without hesitation here in order to collect your business, I believe strongly in being totally open and honest with my clients, and I always tell it how it is. I can promise that if there is even the slightest possibility of release, I will push for it. This can be done through bond motions or detainer motions where we will ask the court to release the client. If you or your loved one is incarcerated because they are detained for probation or parole violations things naturally become more complex but there still may be options to try and gain release in one form or another.

What are the stages of a criminal case?

While the criminal process will vary slightly based on the type of charges you may be facing and the county where you’re charged, every case starts with an arrest whether by the summons process, or being physically handcuffed and taken to jail. From there you’ll face your preliminary arrangement where a magistrate will decide whether you will be released without having to post a money amount, or if you’ll have to post some money amount in order to be released while the case moves forward. Next, you’ll face your preliminary hearing where a magistrate will decide, based on a bare bones level of evidence, whether the case against you has enough merit to make it to Common Pleas Court. If your case is bound over for trial, you’ll go through your formal arraignment where you’ll be told the exact charges you'll be facing at trial and the maximum potential penalties related to those charges. Following formal arrangement, you’ll have your pretrial conference where you’ll receive your first trial date and at least a portion of the evidence the government will attempt to use against you. From there you very may well proceed to a trial by judge or a trial by jury. You may also be seeking admission into the ARD program or into a diversionary court. You may also be entering a guilty plea in exchange for a potential reduction in charges or sentence.

What is ARD?

ARD is a program offered by prosecuting offices that allow for a one time “get out of trouble card.” In general terms (a)ccelerated (r)ehabilitative (d)isposition, is a program you may be able to get into if you are a first-time offender in criminal Court that will allow you to eventually get your charges dismissed and expunged. If you are facing a first-time DUI offense or a certain variety of other charges the ARD program is often a great option to get a second chance when you’ve made a mistake.

What are speciality/diversionary Courts?

For certain types of charges, you may be eligible to seek admission into a diversionary Court. Diversionary Courts exist to provide a “treatment” rather than “punishment” path for those able to gain admission. Clients with mental illnesses, a record of service in the armed forces, charges related to prostitution, drug addiction, or 3rd offense DUIs may be eligible to participate in these Courts, which may help them avoid otherwise serious consequences, such as time in prison, in exchange for closely monitored treatment depending upon the individual client, charge, and diversionary Court.

Do you handle traffic offenses?

Yes. While this firm is primarily dedicated to criminal defense, I will take traffic cases since certain types of traffic citations can result in criminal like penalties, including jail time.

Do you handle expungements?

Yes. If you don’t pursue an expungement the records reflecting your original arrest and charges will continue to be available to anyone interested in viewing them, including potential employers and so it is important to get rid of past offenses charged. The damage to people’s reputations and livelihoods may be severe because they were charged with offenses, and I believe it is important to aide people in getting all the way back on their feet after their case is successfully handled.