Getting arrested can be a pretty scary experience. Having a police officer arrest you and put you in their car can give you a pit in your stomach. That's especially true if you feel you've done nothing wrong. So what do you do if you're arrested?
Your rights are your legal shield, so you must know them if charged with a criminal offense.
When facing criminal charges, remember these two rights above all else: First, you have the right to remain silent, and second, you have the right to an attorney.
So, if you're not sure what to do, assert those rights and contact a criminal defense lawyer familiar with Pennsylvania laws.
What Happens When You're Arrested?
The police can arrest you following an investigation or on the spot. However, they must have enough evidence to charge you with the crime.
Your arrest gives the police the ability to take your photograph and get fingerprints. A Magisterial District Judge (MDJ) determines whether to keep you in custody or release you on bail.
Understanding Essential Rights if You're Arrested
We mentioned two of your most critical rights based on criminal laws, but let's expand on each of them.
The Right to Remain Silent
In criminal cases, the Miranda rights protect you. You can stay silent in the US and other countries to avoid pleading guilty. To utilize this right effectively, clearly state that you wish to remain silent.
The Right to an Attorney
Whether you can afford one or not, you have the right to have a criminal lawyer present during any questioning. Courts will assign you a public defender if you can't afford it. Ensure you explicitly request your attorney and refrain from answering questions without them present.
Securing a skilled criminal defense attorney can impact your case if you're arrested. So, if possible, talk with and hire a private attorney with a practice area specializing in criminal law. Openly share your case details with them to craft a strong defense.
Protection Against Unlawful Searches and Seizures
Police officers may not search you or your property without probable cause or a warrant, except in certain circumstances. To protect this right, you should never consent to a search.
Right to Know the Charges Against You
The arresting officer must inform you why they're arresting you and what the charges are against you. Ensuring you receive this information is critical to preparing a defense.
These rights serve as a defense mechanism against potential injustices and protect your legal integrity. Explicitly stating your wishes to enact your rights is fundamental and can impact the course of your case.
A criminal defense lawyer can assess your arrest's circumstances to present a potential defense.
Pennsylvania Statute of Limitations
It's important to note that even if you avoid an arrest, a prosecutor may file charges later. For severe crimes like murder, there's no limit to file charges. However, lesser offenses carry a two to 12-year statute of limitations.
For example, drug offenses have a four-year statute for filing charges in Pennsylvania.
Consult with a Criminal Defense Lawyer to Navigate Bail
Depending on the charges and jurisdiction, you can post bail if you're arrested. It allows for your release while awaiting trial. There's an assurance you will appear for all court dates.
Bail acts as insurance between the court and you (the defendant). If the court offers a reasonable amount, you can pay it using cash. Otherwise, you might need a bail bond. A criminal lawyer may be able to argue for reduced bail.
With a bail bond, you pay a percentage of the bail amount to a bail bond agent, typically 10-15%. That fee is non-refundable. A criminal defense lawyer can assist you with the process.
In some instances, courts may deny bail depending on the crime. That's especially true if you present as a flight risk.
Navigating Possible Outcomes of an Arrest
Legal proceedings can conclude in various ways, and it is essential to prepare mentally and logistically for each potential outcome. When accused of committing a crime, you face multiple outcomes.
Case Dismissal
The best outcome is case dismissal if you're arrested. However, the arrest may remain on your record. So, it would be best to explore options with your criminal defense attorney for expunging it.
Acquittal
Even when acquitted, the process can leave scars. If you remain anxious, seek therapeutic assistance to navigate residual stress or anxiety.
You may consider some reputation management agencies to rebuild and repair professional and personal relationships.
Conviction
Facing a criminal trial that leads to conviction is the worst possible outcome. However, in some instances, there may be grounds to appeal your conviction. That's where an experienced criminal defense lawyer is essential. They can explore options for revisiting the case.
Otherwise, you'll have to live with the court-imposed penalties, which might include a fine, probation, or prison time. Again, a seasoned criminal defense attorney may negotiate a reduced sentence.
We are Criminal Lawyers Near You
If you're arrested, you must seek a criminal lawyer near you to mount a defense. Our firm handles criminal arrests in Bucks, Delaware, Montgomery County, and Pennsylvania. Our criminal lawyer can help devise a defense strategy focused on the acquittal of charges and, at the very least, work to reduce your sentence.
We handle severe crimes like murder and lesser crimes involving traffic tickets. Either way, you'll be in good hands with our experienced and recognized attorneys.