Being arrested in Juniata County can feel like the world has come crashing down. If you or a loved one are in this situation, it's natural to be concerned about the future and feel anxiety about the criminal justice process. The stakes are high, and an adverse outcome could have long-lasting consequences. However, a dedicated and experienced attorney from the LLF Law Firm Criminal Defense Team can positively impact the outcome.
Have you been arrested in Juniata County? No matter the charges, your freedom could be on the line, and your reputation could suffer if you're convicted. With that said, you don't have to fight the Juniata County Prosecutor alone. You have a constitutional right to legal counsel, and you deserve an attorney who will fight for you with skill and determination. Call the LLF Law Firm Criminal Defense Team at 888.535.3686 or contact us online.
Pennsylvania's Three Offense Classifications
The Pennsylvania Criminal Code breaks legal violations into the following three classifications:
- Summary Offenses
- Misdemeanors
- Felonies
Summary Offenses
Summary offenses are generally considered the least serious violations of the criminal code. These are commonly known as “non-traffic offenses,” and they are usually handled in preliminary hearings without progressing to a criminal trial. Although summary offenses are less serious than misdemeanors or felonies, they can still lead to jail sentences of up to 90 days and significant fines.
Misdemeanors
Misdemeanor offenses are more serious and are usually heard in the Court of Common Pleas after the preliminary hearing that follows your arrest. Examples of misdemeanors include minor traffic offenses (e.g., speeding, driving without a license), property crimes (e.g., petty theft, shoplifting), and possession of small amounts of certain controlled substances.
Misdemeanors are grouped into three degrees, which include first, second, and third degrees. The more serious the offense, the higher the degree of the charge. Punishment for misdemeanors ranges from one year in jail (first degree) and a $2,500 fine up to five years in prison and a $10,000 fine (third degree).
Felonies
Felonies are the most serious violations of law in Pennsylvania and are heard in the Court of Common Please following a preliminary hearing. Examples of felonies include violent crimes (assault with a deadly weapon, murder), vehicular offenses (DUI with an accident-causing injury or death), and drug offenses (possession with intent to distribute). They are also classified by degree (first, second, and third).
First-degree felonies are the most serious, but all felony convictions include substantial jail time and fines. Punishment for felony convictions ranges from seven years in prison (third-degree) to 20 years (first-degree) and fines from $15,000-$25,000. Felony convictions may also prevent you from holding professional licenses or owning firearms after you serve your sentence.
Pre-Trial Process
After your arrest, your initial court appearance will be held by a Magisterial District Judge. This hearing is known as a preliminary arraignment, and the District Judge will determine whether you will be released on bail before trial. Factors the District Judge will consider in assessing whether to release you on bail include:
- The severity of the offense
- Whether you would pose a danger to the public if granted bail
- Your previous criminal history (if any)
- How likely you are to flee the jurisdiction before trial
Generally, the more serious your charges are, the higher your bail amount will be. In cases where the District Court Judge believes you are likely to flee or pose a threat to the public while on pre-trial release, they may not grant you bail at any amount. Regardless of whether you are granted bail, the District Judge will also set a date for your preliminary hearing and provide you with a copy of the charges against you.
The preliminary arraignment is an important opportunity. An attorney with the LLF Law Firm Criminal Defense Team can assist you here by arguing for the lowest bail possible or even for you to be released on your own recognizance with no bail amount.
Preliminary Hearing and Formal Arraignment
The District Judge at your preliminary arraignment does more than just assess your bail amount. They will also review the evidence against you in the charging documents and determine whether the prosecutor has provided “prima facie” evidence that you have committed a crime.
You and your attorney can waive this hearing and move straight to a formal arraignment. This is a strategic decision that will not be taken as a guilty plea or waiver of your rights. Your attorney will advise you on what they believe to be the best course of action.
If the District Judge believes prima facie evidence of a crime exists, they will move the case to a formal arraignment in the Court of Common Pleas. The District Judge may dismiss your case if they don't believe the prosecution has shown prima facie evidence that you've committed the crime you were charged with. You will also be furnished with the criminal information in your case.
This is a document that formally lists the following information:
- A full summary of the charges against you
- A summary of the events (e.g., where, when, and how the crime occurred)
Arraignment and Trial
If the District Judge moves your case to arraignment, it will take place in the Court of Common Pleas, where the charges will be formally read for the record. You have the option of waiving the reading of the charges, but your decision is not a waiver of your right to trial or your presumption of innocence.
The arraignment is also where you formally plead to the charges against you, and the judge advises you of your rights at trial. Examples of those rights include the ability to subpoena witnesses, file motions with the court, and request evidence from the state. If you plead not guilty, the judge will also set your trial date
The Trial is where you will have the opportunity to present evidence on your behalf and challenge the state's evidence against you. You can choose for your trial to be decided by 12 Juniata County Citizens or to have a bench trial in which the sitting judge will determine your guilt or innocence.
This is an important decision that you and your attorney will collaborate on making. Your final choice will be rooted in your trial strategy. The LLF Law Firm Criminal Defense Team will work closely with you to devise the most effective trial strategy possible. We've fought and won criminal cases of all kinds throughout Pennsylvania and in Juniata County.
How Can the LLF Law Firm Criminal Defense Team Help?
We will do everything in our power to defend your innocence and force the prosecution to meet their legal standard of providing proof beyond a reasonable doubt. Our team will challenge the evidence against you and highlight any weaknesses in the prosecution's case. Your attorney will also look for any procedural errors made by the police during the arrest process or the prosecutor during the pre-trial phase.
The purpose of this is twofold. First, it may help us establish reasonable doubt in your case. Second, it may increase our leverage in negotiating with the prosecutor or presenting it as a mitigating factor for whoever decides your case (judge or jury). It may also give us grounds to file an appeal in the event of a guilty verdict. The most important thing to know is that we'll never stop fighting for you.
We Want to be Your Juniata County Criminal Defense Lawyer
No one ever wants to deal with the Juniata County Criminal Justice System. However, if you must face this system, please remember you don't have to face it alone. The LLF Law Firm Criminal Defense Team will dedicate all our resources and experience to defending your freedom, future, and reputation. We're here to help, and most importantly, we want to help. Call us today at 888-535-3686 or reach out to us online.
