Criminal Law FAQs

If you are arrested, remain calm and exercise your right to remain silent. Do not resist arrest, argue with law enforcement, or attempt to explain your situation. Politely request an attorney and do not answer any questions without legal representation present. Anything you say can be used against you in court, so it’s best to avoid discussing your case until you consult an attorney.

Expungement laws vary by state, but in Pennsylvania, you may be eligible for expungement if you were arrested but not convicted, completed an Accelerated Rehabilitative Disposition (ARD) program, or if you have summary offenses that are at least five years old with no subsequent criminal activity.

Some felony and misdemeanor convictions can also be sealed under Pennsylvania’s Clean Slate Law. You should consult a criminal defense attorney to determine your eligibility and file the necessary petitions with the court.

Yes, charges can be dropped before trial under certain circumstances. This may happen if the prosecution lacks sufficient evidence, new exculpatory evidence emerges, or the defense successfully challenges the legality of the arrest or search. In some cases, charges are dropped as part of a plea bargain or at the victim’s request, though the prosecutor has the final decision.

Whether you will serve jail time depends on the severity of the charges, your criminal history, and the circumstances of your case. Some first-time offenders may qualify for alternative sentencing, such as probation, community service, or diversion programs. A skilled attorney can assess your case and negotiate for reduced penalties or alternative sentencing options.

An arraignment is your first appearance before a judge after being charged with a crime. During this hearing, you will be formally informed of the charges against you and allowed to enter a plea (guilty, not guilty, or no contest). Bail may also be set at this time.

A preliminary hearing is a proceeding in which the prosecution must show there is enough evidence for the case to go to trial. It allows the defense to challenge the evidence, cross-examine witnesses, and argue for reducing or dismissing charges.

In most cases, yes. Police generally need a warrant to search unless there is probable cause, consent, exigent circumstances (such as immediate danger), or the evidence is in plain view. If you believe a search was conducted illegally, you should speak with a lawyer about filing a motion to suppress the evidence.

If police fail to read your Miranda Rights (right to remain silent and right to an attorney), any statements you make while in custody may be inadmissible in court. However, this does not automatically result in case dismissal. Your attorney can argue for suppression of improperly obtained evidence.

Pleading "no contest" (nolo contendere) means you do not admit guilt but accept punishment. This may be beneficial when civil liability arises from a guilty plea. However, it still results in a conviction. You should consult with a lawyer before making this decision.

You can refuse a search unless the officer has a warrant or probable cause. If asked for consent, you can politely say, “I do not consent to this search.” If law enforcement searches your property without a warrant, do not resist, but take note of the details and speak with an attorney about possible violations.

A bail hearing determines whether you will be released while awaiting trial and under what conditions. The judge considers factors such as the severity of the charges, your criminal history, flight risk, and ties to the community. Bail may be granted as cash bail, bond, or release on personal recognizance.