Wayne County Criminal Defense

Facing criminal charges in court can be a daunting experience. If you're dealing with a criminal accusation in Wayne County, you're tasked with defending yourself and your future in front of a judge or jury with the power to enforce the harshest penalties under Pennsylvania law. It's crucial to approach these proceedings well-prepared and with the proper legal support. Fortunately, assistance is readily available, just a phone call or click away.

The Criminal Defense Team at the LLF Law Firm brings a wealth of experience in defending clients within Wayne County courts, guiding them through the complexities of the criminal process. Our team possesses the expertise required to navigate the Pennsylvania criminal justice system, aiming to secure the best possible outcome for you. Reach out to the LLF Law Firm today at 888-535-3686 or via our online form.

Types of Criminal Offenses in Wayne County, PA

In Pennsylvania, crimes are categorized into three types, which affect the court's procedures and the maximum penalties allowed: 

  • Summary Offense: As the least severe charge, it carries a maximum of 90 days in jail, although fines of $300 or less are more common. These offenses are adjudicated entirely in Magisterial District Court.  
  • Misdemeanor: Punishments range from one to five years in jail and fines between $2,500 and $10,000, depending on whether it's a first, second, or third-degree misdemeanor. These cases usually begin in Magisterial District Court and then are transferred to the Court of Common Pleas for trial.  
  • Felony: These serious offenses have penalties ranging from seven to 20 years of incarceration and fines between $15,000 and $25,000. Again, the preliminary hearings may occur in the Magisterial District Court before being tried in the Court of Common Pleas.

Wayne County Magisterial District Courts

Wayne County's court system has two levels: the Magisterial District Courts and the Court of Common Pleas. The county hosts three Magisterial District Courts, which manage the initial phases of the criminal process. These include issuing warrants, setting bail, scheduling and conducting preliminary arraignments and hearings, and deciding whether to dismiss cases or escalate them to higher courts.

The criminal process begins with a preliminary arraignment. Here, at one of Wayne County's Magisterial District courts, either in person or through videoconferencing, bail is determined based on the charges and personal details such as:

  • Aggravating factors or premeditation behind the offense  
  • Your ties to Wayne County, including employment, family, and community responsibilities  
  • Any prior criminal record  
  • Whether you are considered a danger to the community or a flight risk

During the preliminary arraignment, you'll be provided with details of the charge, including police reports and complaints that led to the charge, as well as initial evidence gathered by law enforcement. The judge will then set a date for the preliminary hearing at the same Magisterial District Court.

Preliminary Hearing

At the preliminary hearing, the prosecution's task is to present a "prima facie" case against you. This requires showing that the charges are supported by initial evidence and testimony "at first glance." The judge's responsibility is to decide if the evidence is enough to support the charges without evaluating the credibility of the evidence itself.

Should the prosecution fail to provide sufficient backing, the judge may dismiss the charges. Conversely, if the judge finds the evidence adequate, the case will advance to the Court of Common Pleas.

Wayne County Court of Common Pleas

Located at 925 Court St. in Honesdale, PA, the Wayne County Court of Common Pleas manages formal arraignments, jury selection, and sentencing for most misdemeanors and all felonies in the area. The legal proceedings start with a formal arraignment where the charges against you, as brought by the Commonwealth, are formally presented.

During this arraignment, the judge will outline your pretrial rights, which include the ability to:

  • Request evidence from the prosecution  
  • File motions to suppress evidence or testimony  
  • Enter a plea agreement  
  • Request a continuance

If the crime charged carries a penalty exceeding six months in jail, you are entitled to a jury trial, although you can opt for a bench trial with a single judge. A trial date is set unless a continuance is requested by either side.

Trial and Sentencing

During the trial, the prosecution will present its case with evidence and witnesses. Your defense attorney will have the opportunity to cross-examine and present evidence in your favor. The jury or judge will then deliberate and issue a verdict. In a jury trial, the judge instructs the jury to reach a unanimous decision. If found "not guilty," the trial concludes, and you are released. If found "guilty," a sentencing hearing will be scheduled.

Between the trial and sentencing, the Wayne County Parole Office will prepare a pre-sentence investigation report. This involves an interview to assess factors such as:  

  • Your contributions to the community  
  • Employment and family obligations  
  • Previous criminal history  
  • Risk of re-offending  
  • Medical background

Your lawyer might advocate for alternative sentencing options, such as shorter incarceration or serving time closer to home. Nevertheless, individuals connected to the victim may be permitted to present statements urging for the harshest penalty allowed by law.

Appealing Criminal Convictions in Wayne County

Individuals found guilty and/or sentenced for crimes in Wayne County have the option to challenge the verdict or sentencing by appealing to the Pennsylvania Superior Court. Appeals and relevant documents must be submitted within a 30-day window following sentencing or any post-sentencing motions.

An appeal is not a retrial. Instead, the Superior Court evaluates claims of errors made by the Court of Common Pleas, such as allegations of bias or procedural mistakes, using the trial transcript and evidence. If the appeal is unsuccessful, there is a further opportunity to appeal to the Pennsylvania Supreme Court, although only a limited number of these cases are granted a hearing.

Defending Your Rights in Wayne County Courts

Being accused of a crime can have significant impacts on your life and future. Wayne County is rigorous in its prosecution efforts, making it essential to have a robust defense prepared. With so much on the line, having a committed team of professionals on your side is crucial.

At the LLF Law Firm, our Criminal Defense Team is dedicated to crafting a strategic defense that safeguards your rights. We know the workings of the Wayne County Court system, and we have established rapport with local judges and prosecutors to help you reach the best possible resolution. Reach out to us at 888-535-3686 or use our online form.

Contact Us Today!

The LLF Law Firm Team has decades 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 LLF Law Firm today! Our Criminal Defense Team 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, New Jersey, and New York 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, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York 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, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, 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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