Montgomery County Arrest Process

The criminal justice process usually begins when a police officer places a person under arrest. Being arrested in Montgomery County, PA can be an intimidating and stressful experience. If you haven't been involved in the system before, it's important you understand what to expect, and that you're aware of your rights when taken into custody. In this article, we will address what occurs when a person is arrested in Montgomery County, what constitutes a lawful arrest, and the important role an attorney plays throughout this process.

What To Expect When Arrested

When an arrest is made in Montgomery County, you can bet that a defendant will be released. After an officer makes an arrest, a person is taken into custody and holds them until their information is obtained.

If a person is arrested for a summary or misdemeanor offense and doesn't have an extensive criminal history, they'll likely be released. At a later time, they'll be scheduled to appear at an appointment for fingerprinting and photos. After an appointment has been made in any case, a person will be mailed a summons to attend court for Montgomery County Preliminary Hearing.

A Lawful Arrest in Montgomery County

Identifying whether or not an arrest is lawful is an important aspect of your case. If it is determined that an arrest is unlawful, a defendant's case could be dismissed. To figure out if an arrest was lawful in your particular case, you need the help of an experienced attorney who understands state laws. But generally, a person can be lawfully in several circumstances.

If an officer claims to have personally witnessed a person commit a crime, he or she has the authority to arrest them, and any other participants. For example, let's say that a police officer claims to have seen a drug deal. Based on an officer's perception of this crime, he or she is allowed to arrest the parties involved in an alleged criminal act for drug possession or sale.

A police officer can also arrest a person without actually catching a suspect in the commission of a crime. The only element needed to constitute a lawful arrest in this predicament is probable cause. Probable cause technically exists when an officer has a reasonable belief - based on facts and circumstantial facts - that a defendant has committed, or is planning to commit a crime. Perhaps an officer pulls over a vehicle that appears to be driving recklessly. If an officer claims that they can smell the scent of alcohol on a person's breath, that their eyes are bloodshot, their speech is slurred, and that they are visibly nervous. This observation alone can substantiate the necessary probable cause for a DUI arrest.

Lastly, a police officer can arrest a person in Montgomery County if a warrant is issued. A warrant is a legal document issued by a judge or magistrate that calls for the immediate arrest of a person who allegedly committed a crime.

Montgomery County Criminal Defense Attorney

A common mistake that most people make is not retaining a criminal defense attorney soon enough. Once a person is arrested, everything they say or do can be held against them in a case. In order to maximize one's chances of a successful trial outcome, an attorney should be around to advise a defendant from the beginning, when a defendant is making statements to the police or investigators, to the end, when it comes time to defend them in a trial.

Joseph D. Lento has extensive experience helping countless clients with a misdemeanor and felony charges get their charges reduced and dismissed. Contact him online or give him a call at (215) 535-5353 at the earliest available opportunity for assistance.

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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.

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