Being charged with a crime can leave you overwhelmed, confused, and in a challenging position. A conviction does not only lead to penalties, but can affect relationships, work, and housing. A Philadelphia criminal lawyer can guide you through the criminal justice system and represent your interests.
At The Law Offices of Lidia Alperovich, LLC, we aggressively defend our clients against misdemeanor and felony charges. Our attorney can help protect your constitutional rights and provide support throughout your case.
Contact us today at (215) 355-9105 for a free case evaluation. Our case results speak for themselves and we will work with you to create a defense strategy that suits your situation.
How Can A Philadelphia Criminal Attorney Help You?
A skilled lawyer with trial experience can be crucial to defending against criminal charges. Whether you are facing state charges or federal charges, your attorney can represent your interests and defend you throughout the criminal justice process.
A Philadelphia criminal defense attorney provides several legal services. In particular, these lawyer can:
- Protect Your Constitutional Rights: During the criminal justice process it is vital to understanding your Fifth Amendment rights and Miranda Rights.
- Legal Representation: Your lawyer can represent you in the courtroom and during conversations with police and the prosecution.
- Raising a Defense: Determining and asserting a defense is important when facing criminal charges.
- Plea Negotiations: If appropriate, our lawyer can evaluate your case and use their familiarity with Philadelphia’s criminal justice system to negotiate a plea.
- Post-Conviction Relief: If you have been found guilty of a crime, our criminal attorney can help you with probation violations, wrongful convictions, and the expungement process.
Our criminal defense attorney will thoroughly review and investigate your case, gather exculpatory evidence, witness testimony, and develop a defense strategy. Our experienced lawyer understands these are emotional situations and is ready to assist you with skill and compassion.
Types Of Cases Handled By A Criminal Attorney
Our criminal defense attorney handles a range of criminal cases, including white collar crimes and violent crimes. Our experienced Philadelphia criminal lawyer can explain the charges against you and the implications of a conviction.
Some examples of offenses, we handle include:
- Drug offenses: Drug crimes are charged based on the type of drug or paraphernalia, the amount of drugs found, and whether you have prior offenses.
- Theft: Theft can be charged as a misdemeanor or felony depending on the value of the property stolen and type of property.
- Shoplifting: Shoplifting is a form of retail theft under Pennsylvania law. These are often misdemeanor charges, but if the property stolen is greater than $1,000, the stolen merchandise is a motor vehicle or firearm, or the shoplifting constitutes a third or subsequent offense, individuals may be charged with a felony
- Fraud: This category of offense includes several different types of misleading behavior. Examples of fraud include forgery, tampering with documents, deception, and identity theft.
- Sexual assault: Accusations of sexual assault are serious and is charged as a second-degree felony. This means that a conviction could result in prison time and thousands of dollars in fines.
- Assault: Assault is divided into two categories: simple and aggravated. Simple assault is typically charged as a misdemeanor while aggravated assault is usually charged as a felony.
- Burglary: A burglary occurs when a home or building that is adapted for overnight accommodation in which at the time of the offense any person is present is entered without permission, with the intent to commit a crime, and the burglar commits or attempts to commit a bodily injury crime. In some cases, burglary will be charged as a felony and result in prison time and monetary fines.
- Homicide or manslaughter: Pennsylvania categorizes the killing of another as: involuntary manslaughter, volunteer manslaughter, third-degree murder, second-degree murder, and first-degree murder. The degree of charge and sentence will depend on the circumstances of the crime.
How to Assert a Defense for Criminal Charge
Asserting an effective defense in a criminal case is crucial. The first step to your defense is to assert your rights during the police interrogation. It is critical to avoid making incriminating statements and to secure legal representation as soon as possible.
The next step is to thoroughly investigate the prosecution’s case. This includes understanding the charges and the evidence. Your defense attorney will review the forensic evidence and determine if there were any constitutional violations, such as an illegal search and seizure.
Your lawyer will likely make a series of pre-trial motions to begin building the foundation of your defense. This can include a motion to suppress, requesting the suppression of evidence obtained illegally or a motion to dismiss if there is not sufficient evidence to support the charges.
At trial, the burden is on the prosecution to prove the accused committed a crime beyond a reasonable doubt. At this stage, the defense can assert defenses to prove no crime was committed or that you are innocent of the crime. The defense may also raise affirmative defenses, like self-defense or entrapment, arguing that you are not liable even if it is proven you committed the crime.
Navigating the Philadelphia Criminal Court System
For those who have been accused of a crime, understanding the Philadelphia criminal court system is essential. An experienced lawyer can help to guide you through the process and set expectations. Understanding the basics of court structure, stages of criminal proceedings, and what to expect at each court appearance can help eliminate additional stress during the process.
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Structure of Philadelphia Criminal Courts
The Philadelphia courts are part of Pennsylvania’s Unified judicial system. There are three layers of criminal courts: Minor Courts, Court of Common Pleas, Superior Court, and the Supreme Court.
The Philadelphia Municipal Court is a Minor Court. This court handles preliminary hearings, setting bail, and deciding whether serious criminal cases should go to the Court of Common Pleas.
The Court of Common Pleas are the state’s trial courts. Trials are heard by juries and judges.
The Superior Court is the intermediate appellate court that hears criminal appeal cases. The Pennsylvania Supreme Court is the ultimate authority on state law matters and hears appeals from the lower courts.
In addition, there are multiple players with the court system including judges and prosecutors. A trial attorney can help explain the Philadelphia court system and what to expect during court proceedings.
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Key Stages in Criminal Proceedings
There are several stages in criminal proceedings. Unfortunately, it can be a lengthy process and is in part dependent on the court’s calendar. In a criminal case, you can expect the following to occur after an arrest:
- Preliminary arraignment: The preliminary arraignment takes place within 72 hours of the arrest. At this stage, the judge reads the charges against you, explains your rights, and sets bail.
- Preliminary hearing: The preliminary hearing is scheduled during the preliminary arraignment. At this hearing, the judge will decide whether the prosecutor has sufficient evidence to bring charges.
- Formal arraignment: At the formal arraignment, the judge will again read the charges and you will enter a plea.
- Plea negotiations: If you enter a plea of not guilty, the case will proceed through the system. In many cases, the prosecutor may make an offer for a plea deal and/or your defense attorney may negotiate a plea deal.
- Pre-trial conference: If the case will proceed to trial, a pre-trial conference will be scheduled. During this conference, the parties and the judge will discuss the status of the case and calendar trial dates.
- Jury selection: Once the case proceeds to trial, one of the first steps will be jury selection. The prosecution and defense attorney can ask potential jurors questions and choose jurors.
- Jury or non-jury trial, or guilty plea: A trial before a jury or judge (if the right to a trial by jury is waived) will take place. These trials can last several days depending on the complexity of the case. If a guilty plea has been entered before going to trial, the case will proceed to the sentencing phase.
- Presentence investigation: The probation department will conduct a presentence investigation (PSI) and create a reporter on your personal background. This report is used to determine an appropriate sentence.
- Sentencing: The length of a sentence will depend on the crime and if there are any mandatory minimums. Otherwise, the sentence will be up to the judge’s discretion. At sentencing, both the prosecutor and defense attorney can present arguments and suggestions for an appropriate sentence. The victim and family-members may speak and witnesses may be asked to provide testimony.
- Appeal: If you are found guilty of a crime, you may be able to appeal your conviction. Options to appeal are limited, so speaking with an appellate lawyer can be crucial at this phase.
Your criminal defense attorney can walk you through the stages of the criminal court process and what to expect during court appearances.
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What to Expect at Each Court Appearance
What happens at each hearing will differ and these court proceedings can be highly technical. At the bail hearing, for instance, the judge will hear from both sides and decide only on the matter of bail. During pre-trial conferences, the judge will ask for updates on the case and there may be hearings on any pre-trial motions.
On the other hand, the trial may be much more involved. This process involves jury selection, arguments from both sides, witness testimony, and presentation of evidence. Depending on the complexity of the case, the trial can last multiple days. Legal representation can be especially crucial once a case goes to trial.
Your level of involvement in each of these hearings will depend on your and your attorney’s strategy for the case. Remaining respectful and diligent throughout the process is important.
Penalties for Criminal Convictions in Philadelphia
Felony charges and misdemeanor charges come with different penalties. Each category is broken down into subcategories depending on the type of and severity of the offense. If you’ve been accused of a crime, it is critical to understand the level of the offense and the potential penalties you may be facing.
There are three degrees of misdemeanors in Pennsylvania:
- First-Degree: Up to 5 years in jail and/or a $10,000 fine.
- Second-Degree: Up to 2 years in jail and/or a $5,000 fine.
- Third-Degree: Up to 90 days in jail and/or a $5,000 fine.
Similarly, there are three degrees of felony charges:
- First-Degree: Up to 20 years in prison and/or $25,000 fine.
- Second-Degree: Up to 10 years in prison and/or $25,000 fine.
- Third-Degree: Up to 7 years in prison and/or $15,000 fine.
Finally, murder of the first degree is a mandatory sentence of life imprisonment without the possibility of parole or death. However, the Commonwealth has not executed anyone since 1999 and the Commonwealth is currently taking steps to abolish it.
Contact a Philadelphia Criminal Lawyer at The Law Offices of Lidia Alperovich
When you need defense counsel with courtroom experience, The Law Offices of Lidia Alperovich can help. We understand the importance of providing our clients with an aggressive defense and developing a strategy to achieve a favorable outcome.
If you’ve been arrested or charged, contact us at (215) 355-9105 for a free consultation. Our experienced Philadelphia criminal attorney is ready to provide you with immediate help.