• 31Jan

    General Advice for Criminal Law Clients in Pennsylvania

    Criminal Law No Comments

    The criminal law process in Pennsylvania can be confusing and stressful. Here are some tips to keep the accused informed:

    1. DO NOT discuss the facts of your case with anybody outside of your attorney

    If anyone, including friends and family, ask you about the facts of your case, it is imperative that you do not discuss it. In addition, if the Police Department contacts you, you should immediately inform them that you have an attorney, and that you have been advised to not discuss anything without your attorney present. You can also pass on your attorney’s contact information. You should then immediately contact your attorney to inform them. Most likely, your attorney will handle all communication from that point forward.

    2. Keep your attorney informed

    Any time you receive new information about your case, it is important to let your attorney know immediately. This may include anything from new charges against you or a change in case status. In addition, it is also important to notify your attorney if your telephone number or address changes.

    3. Keep a documented journal, including photos

    It is extremely important to record everything you can surrounding the events leading up to your case as well as your version of events from the incident resulting in charges. Make sure to photograph anything that may relate to your case, including vehicle damage, injuries, accident sites, etc. It is important that you remain active in your own defense, and it is always better to have too much information than not enough. In addition, if you are advised by your criminal law attorney to attend meetings or fulfill any other tasks, you must provide written proof that these were actually completed.

    4. Respect the court

    If you are required to appear in court, make sure to show the Judge and any other Officer of the Court respect. Your appearance should be neat, and clothing should be business-like. Do not wear tank tops, shorts, or other revealing clothing to a court appearance.

  • 23Jan

    How to Handle Police Questioning During a Routine Traffic Stop

    Criminal Law No Comments

    The scenarios wherein Police want to talk to, or request a statement from, a driver come in various forms.  The form discussed here will be when Police want to question a driver during a vehicle stop.

    It is common for Police to stop a vehicle for a Pennsylvania Vehicle Code “operator” violation, such as exceeding the speed limit.  It is also common for Police to stop a vehicle for a Vehicle Code “mechanical” violation such as a broken taillight. These mechanical violations are often beyond the control and knowledge of the driver, and justify a vehicle stop even if that driver is complying with all other Vehicle Code laws.  In either of these scenarios, Police are permitted to stop your vehicle, obtain basic operator information (i.e. license, registrations and insurance information), and issue a citation if it is required.

    However, at this point the scenario often changes, and drivers must be aware of their rights moving forward.  After Police have issued a written citation, the Probable Cause has been completed.  However, often times Police will engage in additional questioning of the driver, and possibly even try to search the vehicle.

    Once the original Probable Cause for the stop has been completed, Police generally need either new Probable Cause or your consent to search the vehicle.  If they do not have either, they generally may not search your vehicle.  Therefore, it is wise for a driver to refuse a vehicle search. This refusal should be made respectfully and firmly.

    In some cases, Police may insist upon searching or even threaten to tow the vehicle. If this happens, it is important for the driver to inform Police that they must speak with a lawyer immediately.  Typically, this request will end any further questioning.

    Sometimes Police will simply impose their authority and begin to search despite the driver’s refusal.  In this circumstance, a driver should remain silent.  After the search, they will need to hire a lawyer who specializes in criminal law, specifically in the areas of Search & Seizure/Fourth Amendment rights.

  • 16Dec

    Benefits of Hiring a Colorado DUI Defense Lawyer

    Criminal Law No Comments

    An attorney will understand and embrace the challenges in DUI defense and will investigate and exploit issues with every test result.  Because of the complexity and difficulty in preparing successful defenses, you must select your DUI defense lawyer carefully and ensure that their level of knowledge is superior to that of other defense attorneys.  Do not hire based on price alone.  Remember, you often get what you pay for when it comes to criminal defense lawyers.  Almost all criminal defense attorneys claim to “handle” DUI cases.

    DUI is unique in that it is committed primarily by individuals who are respectable citizens who have never been in trouble before and have no prior criminal record.  These individuals often feel as though they made a mistake and that the “system” will understand this, and that they will receive the minimum penalties and thus do not need to spend money on Colorado DUI attorneys, but rather can hire any criminal defense attorney.  As a result, these highly complex cases are handled routinely by attorneys with insufficient knowledge of the extensive scientific, evidentiary, procedural, and tactical considerations involved.  The result is often less than desirable and often very predictable for the client.

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  • 25May

    Awareness of your Right to A Lawyer

    Criminal Law No Comments

    The legal right to Legal Help in the United States

    The Sixth Amendment to the United States Constitution supplies those accused of a felony crime the privilege to be defended by counsel immediately after conventional accusations have been completely brought against them. The initiation of official charges kicks off with an prosecution or the defendant’s first proceeding or bringing of charges.

    As soon as criminal actions are beginning, this right to counsel is present through all criminal process phases. An individual suspected of a crime, must apply for counsel from the applicable government professionals over their own case. If ever the offender can’t manage to pay for the assistance of a criminal defense lawyer, one will be appointed by the government to serve the suspect at zero cost.

    The Fifth Amendment, while not plainly giving the right to counsel, makes clear that when a offender receives “custodial interrogation” by police officers they can employ their Miranda Right to counsel and not be inquired upon all over again unless their adviser Mesa attorney is present. It’s most important to figure out that if you skip the right to an legal representative during interviewing, what you admit will be used to assist further analysis and searches and might be used as proof against you in a court trial.

    Acquiring access to a defense lawyer to work on your behalf if you’re accused of a crime is important for various reasons. Your attorney can:

    • clarify your rights to you and inform you about what to anticipate during each level of the legal system.
    • settle with the local, state or federal government representatives on behalf of you.
    • Be certain that you are lawfully protected during police arrest and court procedures.
    • observe evidence, interrogate witnesses and shape your defense.

    Occasionally defendants will look into giving up their right to defense counsel. Even though the person accused of a crime is an lawyer, it’s not generally in their interest to represent themselves in a court of law. Apart from the clear emotional reasons that could impact self-representation, many citizens aren’t familiar enough with the laws to mount an valuable case.

    Even when you’re not guilty of the offense you’re accused of committing, a criminal defense law firm can help facilitate proceedings and represent your ideal interest at every juncture. By waiving your right to counsel, you frequently give the prosecution and advantage. In a few states, juveniles aren’t permitted to waive their right to counsel in a criminal court case.

    Give your self the top chance feasible to win your criminal court case. Take advantage of your right to counsel and seek and attorney who has familiarity in your unique type of case. Your life will depend on it.

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