If you or a loved one has been charged with a crime in Allegheny County, it's easy to feel scared, frustrated, or anxious. Thinking about what you're up against can be incredibly overwhelming. Thankfully, an experienced attorney can do a lot to fight for your best interests. The LLF Law Firm can break a complicated process down into more manageable chunks. After years of experience defending criminal cases throughout Pennsylvania, the LLF Law Firm Criminal Defense Team is here to help. Call 888.535.3686 or get in touch online.
After the Arrest
Navigating the legal proceedings for criminal cases in Allegheny County can be complicated. Below is a concise outline of the stages you may encounter if you're charged with a crime. Learning about the process can help address any worries you have. Of course, it's important to remember that procedures can differ based on the classification of the crime. Title 18, Chapter 1, Section 106, outlines specific crime categories.
Three Categories of Violations
There are three classes of offenses in Pennsylvania: summary offenses, misdemeanors, and felonies.
Summary offenses typically involve less serious matters. They're sometimes referred to as non-traffic offenses, though their scope may be broader depending on the circumstances. Generally, these cases remain at the preliminary level and can lead to imprisonment for up to 90 days. Magisterial District Judges preside over hearings related to summary offenses.
Misdemeanors represent a higher degree of offense and typically proceed to the Court of Common Pleas following the preliminary hearing before the district judge. Misdemeanors are categorized into first, second, and third degrees, carrying sentences ranging from one to five years.
Felonies are the gravest class of offenses and, akin to misdemeanors, advance to the Court of Common Pleas after the preliminary hearing. Felonies may result in imprisonment for seven to more than ten years, contingent upon whether they are classified as first, second, or third-degree, with first-degree felonies being the most severe.
Preliminary Proceedings
Your first appearance in court will be a preliminary arraignment before a Magisterial District Judge. Most judges work normal weekday business hours from 8:30 am to 4:30 pm. There is also usually an "on-call" judge available to oversee preliminary arraignments between 4:30 pm and 11:00 pm on weekday evenings and between 8:30 am and 11:00 pm on weekends and holidays. In certain circumstances, the Magisterial District Judge may conduct the preliminary arraignment remotely.
During the preliminary arraignment, the Magisterial District Judge will set your bail, if there is any. Bail is set in accordance with the type of crimes allegedly committed. Other factors include a previous criminal record, whether the judge thinks you're a danger to the community, and whether you're a flight risk.
At this stage in the process, it's wise to have an experienced, knowledgeable criminal defense attorney from the LLF Law Firm Criminal Defense Team advocate on your behalf. We can argue for a lesser bail amount or even fight for no bail, depending on the situation at hand.
The district judge will set the date for your preliminary hearing and will give you a copy of the criminal complaint in your case. In Allegheny County, the date for your preliminary hearing is generally about eight weeks after your preliminary arraignment.
The Preliminary Hearing
At your preliminary hearing, you'll have the choice to proceed to a formal hearing or waive it and advance to the formal arraignment. The decision should be discussed with your attorney in-depth, as waiving the preliminary hearing doesn't imply an admission of guilt or the forfeiture of your rights.
If you opt not to waive the hearing, the district judge will evaluate the evidence presented by the government and decide if a "prima facie" case exists. If established, the case moves to the Allegheny County Court of Common Pleas; if not, it may be dismissed. It's important to arrive on time for the hearing, plan for parking, and discuss strategies with your attorney beforehand to ensure you're well-prepared.
Criminal Information
The criminal information phase of your criminal case is the preparation and service performed by the prosecution. They'll create a document that lists the charges brought against you by the government. It will outline the relevant acts that the government claims you did, when and where the crimes took place, and the specific laws they say you have violated. This document is essential, as it tells you and the Court of Common Please precisely what you're being charged with and why.
The Formal Arraignment
After the preliminary hearing, you'll go to a formal arraignment at the Court of Common Pleas, overseen by a different judge. During this arraignment, you can choose to waive the reading of the charges (without admitting guilt or giving up rights). The court will inform you and your attorney about pretrial rights, like requesting evidence, filing motions, and entering a plea. Sometimes, your attorney can attend on your behalf. Having an experienced lawyer from the LLF Law Firm Criminal Defense Team can make all the difference in the process.
The Trial
Next, a trial date is determined. Trials in the Court of Common Pleas are scheduled during specific time periods known as trial terms. These terms usually occur once a month and last for one or two weeks.
If you opt for a jury trial, 12 citizens from Allegheny County will serve as jurors. They will hear evidence and arguments from both the prosecution and defense. The judge will provide legal instructions to the jury, who will then deliberate and reach a verdict based on the evidence presented.
Some defendants choose to waive a jury trial. Non-jury trials can be arranged at any time, and in these cases, the judge makes the final decision after reviewing evidence and arguments. Deciding whether to have a jury trial is a strategic choice best made with guidance from an experienced criminal defense attorney with the LLW Law Firm Criminal Defense Team.
Sentencing
During sentencing, the judge typically allows victims to speak or submit written statements detailing how the crime impacted them. The judge then issues a sentence, which usually begins right away but might sometimes be delayed. An experienced criminal defense attorney can still be helpful at this stage by presenting arguments and alternatives to support a more lenient sentence.
After the judge imposes a sentence, the defendant has ten days to request reconsideration. This request must be based on valid grounds, such as the judge making an error in considering certain factors or overlooking relevant information in the pre-sentence investigation report. However, it's uncommon for a judge to change a sentence, so it's crucial to discuss any such request with a seasoned criminal defense lawyer from the LLF Law Firm Criminal Defense Team before proceeding.
Get Help From an Allegheny County Criminal Defense Lawyer
The impact of criminal charges in Allegheny County can be long-reaching. It's important to remember: you don't have to go it alone. The LLF Law Firm is here to help. We work tirelessly to achieve the best possible results for our clients. If you or a loved one is in trouble, contact us today at 888-535-3686 or reach out to us online.
