Reading Criminal Defense Lawyers
Anyone facing criminal charges may feel overwhelmed and terrified. Those individuals who have no prior experience with the criminal justice system are likely wondering what comprises the investigation and pretrial process. A person who has been charged with a major crime may be aware of potential punishments, which only increases their anxiety.
The government has abundant resources to build its case against you. When it comes to defending your rights, you could not ask for more competent counsel than the legal team at Fanelli, Evans & Patel, P.C.
Criminal Procedure in PA
Following a crime, the criminal justice system consists of the following steps:
Police Are Notified
Law enforcement is made aware that a crime has been committed, but they have no responsibility to inform the perpetrator that he or she is a “person of interest.”
Criminal Investigation Begins
Law enforcement agencies will begin interviewing the victim, suspects, and witnesses. The collection of physical evidence may include taking photographs, taking crime scene measurements, and having witnesses and the victim identify potential suspects in police line-ups.
A person is under custodial interrogation when he or she is detained by the police, not free to leave, and are being questioned. Most confessions are made when the police begin interrogating suspects. Acquiring representation even this early in the process is essential to protecting your rights.
Complaint is Filed
Police will file a complaint with the district justice. If a warrantless arrest is made, then the complaint is filed afterward. The complaint identifies the suspect, states the crime that he or she is being charged with, and provides a summary of the facts discovered so far in the investigation.
If the police choose not to file the complaint, a private complaint may be filed. For a private party to file the complaint, the District Attorney must first approve it.
Summons or Arrest Warrant is Issued
Once the complaint is filed, if you have committed a more serious crime, you will be arrested. For a minor crime, you will be issued a summons, which will notify you of the date of your preliminary hearing.
Preliminary Arraignment
You will appear before a district justice, where you will be read your constitutional rights and provided with a copy of the complaint. At this time, a preliminary hearing will be scheduled, which will take place between three to ten days following the preliminary arraignment.
Preliminary Hearing
Sometimes called a probable cause hearing, the preliminary hearing is where the prosecution will present evidence to establish that you committed the alleged crime. If probable cause is established, then the case will proceed to trial. If it is not, then the charges against you will be dismissed.
Formal Arraignment
At the formal arraignment, you will be advised of the final charges filed against you. All pretrial motions (asking the court to take specific action) must be filed within 30 days of the formal arraignment.
Call of the Criminal Trial List
At this court appearance, a judge will hear motions and pleas regarding various cases. This takes place at least two weeks before the next criminal trial term. If your case is not dismissed, you will be required to appear in court on the first day of jury selection.
Pretrial Conference
A pretrial conference is the final hearing before a case proceeds to trial. A pretrial conference is held before jury selection begins. If a plea deal is not reached, then you will enter a not guilty plea, and your case will proceed to trial.
Reliable Representation from a Reading Criminal Defense Lawyer
If you have been charged with a crime, you need a legal team that is prepared to fight for you. With over 100 years of combined experience, our Reading criminal defense lawyers know how to present compelling evidence to achieve a successful case outcome. Contact Ken Millman at Fanelli, Evans & Patel P.C. by completing our online contact form. or by calling 484-869-2113 to schedule your free consultation.