What To Expect After Filing Charges in Montgomery County

In Montgomery County, the criminal process is started when a police report is filed by an officer. At this point, a prosecutor (the Commonwealth) will determine if the case will be charged, or if the matter should be pursued. If charges are filed, the process will officially begin.

If you've been charged with a crime and don't know what to do next, your first step should be to hire an experienced criminal defense attorney. It's also important you know the basics of the system. In this article we'll address the process, and what to expect now that charges have been filed against you.

Preliminary Hearing

A preliminary hearing is scheduled within 30 days of the initial arrest. It is usually conducted within the district that the alleged crime took place. This hearing is a defendant's first court date and will set the tone for the rest of the criminal prosecution process. This is why it's recommended that you don't attend a preliminary hearing without an attorney by your side.

At this hearing, the prosecution (the Commonwealth) will have the burden of proving that there is enough evidence to put you on trial. In other words, the prosecution will have to present evidence that could convince a reasonable person that a crime was committed and that it is likely that you were somewhat affiliated with this crime. The evidentiary standard in a preliminary hearing is “probable cause,” which is significantly lower than the “beyond a reasonable doubt” standard used in an actual trial.

If a judge decides that the burden has been met, the case will advance to the Court of Common Pleas. If, however, a judge rules that there isn't enough evidence to continue, the case will be dismissed.

Arraignment

Approximately 30 to 60 days after a preliminary hearing is an arraignment. At an arraignment, a number of things will occur: the court will notify you of your official charges, an amount for bail will be set, and most importantly, you and your attorney will be asked to enter a plea. It is imperative you have an attorney by your side to weigh the options for your unique situation.

Pre-trial Conference

As its name implies, a pre-trial conference is scheduled a few weeks before trial to inform the judge of the status of a case. A case may be set to go straight to trial, delayed, or a plea deal may be in the works. Whatever state a defendant's case happens to be in, the course of action that will be taken will be discussed between a criminal defense attorney, the prosecution, and a judge in this phase.

Trial

If a plea deal isn't negotiated, the case will go to trial. A trial will either be conducted before a judge and jury or solely a judge. However, in the majority of criminal cases in Montgomery County, the verdict is decided by a jury. If you aren't familiar with how a trial is conducted, here is a general overview of the order of events:

  1. Opening statements
  2. Presentation of prosecution's evidence
  3. Presentation of defense's evidence
  4. Closing arguments
  5. Verdict

Montgomery County Criminal Defense Attorney

If you've been arrested for the first time, you should consult with a Chester County criminal defense attorney to discuss your options. Attorney Joseph D. Lento has successfully represented numerous clients who've acquired misdemeanor and felony charges and has helped them get their sentence reduced, and their charges dismissed. For a case evaluation, contact him today online or by phone at (215) 535-5353.

Contact Us Today!

Footer 2

Attorney Joseph D. Lento has nearly a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu