Because a preliminary hearing is such an important court proceeding in Pennsylvania, and can determine the ultimate outcome of a criminal case, a question that should be answered is, "Do a person charged with a crime have a right to a preliminary hearing in Pennsylvania?" This guide will help answer that question.
Pennsylvania Criminal Defense
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Knowledge is power, and this blog is dedicated to providing the most updated information on Pennsylvania Criminal Defense, related topics, and criminal law in general. It's our goal for you to use the information on this site, including the individual practice area pages, to help you understand your rights, obligations, and the best course of action for your Pennsylvania Criminal Defense case.
A bail hearing is a critical stage of the Pennsylvania criminal court process, and the amount at which a defendant's bail will be set will often determine whether the defendant's family (or other concerned parties in the defendant's life) will be able to post bail. If the proper steps are not taken in advance of bail being set, bail can be set unreasonably high. When this takes place, it will often be necessary to try to have bail reduced or modified. Understanding the rules that govern bail reductions and bail modifications in Pennsylvania will help a defendant and his or her family achieve success at a bail hearing.
Because how high or low bail may be can determine whether a defendant can return home while defending against his or her criminal charges, rather then remaining in custody, it is important to understand what factors will be considered by Pennsylvania courts when a person's bail is set. Knowledge is power, and having this knowledge will allow the strongest arguments to be made by the defendant's attorney to get the lowest bail possible.
When a person is arrested in Pennsylvania, whether in Philadelphia, or any of Pennsylvania's 67 counties, the setting of, and posting of bail will often be one of the first experiences that a defendant and his or her family has to endure after the arrest itself. Understanding what bail is in a fundamental sense will help a person charged with a crime and his or her family in better understanding the bail process in Pennsylvania.
After a person is arrested and charged with a crime in Pennsylvania, the preliminary hearing will be one of the first court proceedings in many instances. Understanding basic principles of what a preliminary hearing is in Pennsylvania will help a defendant understand what is at stake, and will help the defendant prepare accordingly.
A proper defense to a DUI prosecution in Pennsylvania, as with a proper defense to any criminal prosecution, is dependent upon thorough preparation by the defense attorney. "Every battle is won or lost before it is ever fought” - Sun Tzu, The Art Of War. A defendant facing DUI charges should understand the basic steps that should be taken when defending against DUI charges - This guide will help.
After a person is arrested and charged with a crime in Pennsylvania, the preliminary hearing will be one of the first court proceedings in many instances. Outside of Philadelphia, in Pennsylvania counties such as Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton for example, most persons charged with criminal offenses will have to appear for a preliminary hearing at the applicable magisterial district court. In Philadelphia, persons charged with a felony offense(s) will have to appear for a preliminary hearing. Regardless of where a defendant's preliminary hearing is scheduled, understanding what purpose the preliminary hearing serves in Pennsylvania will help a defendant better understand this critical stage of the Pennsylvania criminal court process.
When a person is arrested and charged with a crime, there will be many questions as to what lies ahead. Because the preliminary arraignment is one of the first steps in the Pennsylvania criminal court process, questions as to what happens at a preliminary arraignment often arise. Appearing before the court for the first time can be a burdensome experience, but understanding what takes places at a preliminary arraignment in Pennsylvania will help ease the burden.
When a person is arrested in Pennsylvania, one of the first steps to take place in what can often be a long process is the preliminary arraignment. Understanding what a preliminary arraignment is will help a person and his or her family understand both the criminal charges and what may lie ahead.
When a person is on parole and faces a violation hearing, a critical question is whether the person is on county parole or Pennsylvania State parole. Understanding the difference between the two kinds of parole will determine what prospective steps forward should be taken to defend against alleged parole violations.
There are many similarities and also many differences regarding probation and parole in Pennsylvania. When a person is sentenced to probation or is paroled, if there no issues and the person successfully completes his or her period or probation or parole, such a variation on imprisonment is obviously a favorable resolution. Understanding one's rights and responsibilities while on probation or parole is critical to avoiding issues, however, because the stakes are high when a probationer or parolee faces a violation of probation (VOP) hearing or a parole revocation hearing.
When pre-trial motions are used effectively in Philadelphia Municipal Court, these motions will often determine who wins and who loses. Understanding not only which pre-trial motions can be pursued on a defendant's behalf, but also which will be most effective, is critical to achieving success in the courtroom.
When a person is arrested in Philadelphia, the person’s vehicle is often involved. Why the vehicle came to be stopped by the police and how the vehicle came to be searched often can win or lose the prosecution’s case. Understanding when and what the police can search is critical to success in a criminal case. The following article explores important court decision as to what constitutes a valid car search, and what will be considered invalid.
When a person is charged with a crime in Philadelphia, an effective defense attorney will do everything possible to get the client the best possible result. Different strategies must be employed at different stages of the criminal court process. One such strategy is litigating appropriate pre-trial motions to aggressively defend against the case.
When a person is on probation or county parole in Philadelphia and is arrested, a decision has to be made regarding whether the person should I “701 consolidate” his or her case(s). More specifically, should the person charged "bring" his or her open Philadelphia criminal court case(s) to a Municipal Court or Common Pleas Court VOP for resolution? Understanding what a "701 consolidation" is will help when having to make what can be a difficult decision at times.
People miss court in Philadelphia on any given day for various reasons, and when this happens, a bench warrant may be issued. When defendant misses a criminal court hearing in Philadelphia, a bench warrant will be issued and the person may also have to defend against a contempt of court charge. Presenting the best possible defense to the issuance of a bench warrant and/or a contempt charge in Philadelphia is critical to achieving the best possible outcome.
Being charged with a domestic violence offense in Philadelphia carries severe potential consequences. Understanding how domestic violence cases in Philadelphia are addressed by the Philadelphia court system and the Philadelphia District Attorney's Office is critical to achieving the best possible outcome when faced with the burden of having to defend against such charges.
There are many drug arrests in Philadelphia every year, and a significant part of the Philadelphia Municipal Court trial docket is made up of possession of drug cases. An effective defense attorney will employ many strategies to achieve the best possible outcome for a defendant charged with drug offenses in Philadelphia. One such strategy is litigating a Motion to Suppress.
The preliminary arraignment is far more important that most defendants, defendants' families, and even most attorneys realize. Although the preliminary arraignment is primarily used to determine how much bail, if any, a defendant must pay to be released pending trial, it is also an opportunity for the defendant's defense attorney to collect information about the prosecution's evidence and simultaneously provide effective bail arguments.
If a criminal defendant is convicted in Philadelphia Municipal Court, the defendant has two options to appeal: 1) a de novo appeal; or 2) a writ of certiorari appeal. A defense attorney can help a defendant decide which kind of appeal is best in light of the particular circumstances of the case.
Understanding how Philadelphia Municipal Court works is critical to achieving a favorable outcome when defending against criminal charges in Philadelphia County.
When a person is arrested and charged with a crime in Philadelphia, the person will always have to at least initially address the matter in the Criminal Division of Philadelphia Municipal Court. Understanding how a criminal case will proceed in Philadelphia Municipal Court will not only help achieve a better outcome, but will also help ease the concern of a defendant and his or her family. The following article provides a basis for understanding Philadelphia Municipal Court's Criminal Division.