Being arrested is a traumatic experience, but you can take a few calm, deliberate steps to stabilize the situation. This article will explain what the next steps are in Chester County and how to advocate for your legal rights. You will be informed of the time frame involved in the process, the basics of bail, and the process for moving forward in court, enabling you to thoughtfully advocate for yourself and talk with confidence to a criminal defense lawyer in Coatesville Pa.
What Happens After Arrest?
At the time of arrest, you will be taken in for booking and will have a preliminary arraignment before a Magisterial District Judge (MDJ); at this hearing, you will learn of the charges, your rights, and if bail applies what the conditions are. Although this is a nerve-wracking process, it is important to remain calm, give basic identification information, exercise your constitutional right to remain silent until you have spoken to a Chester County criminal defense attorney, and comply with the police during the booking hearing.
Now that we’ve highlighted a few of the things you will experience, let’s put it all into focus. Remember, early on, small choices about what you say, who you call, and the speed at which you enlist counsel can really affect your case. A local criminal defense lawyer will know the judges, the district attorney’s policies, and even the options available (like diversion). Here’s what we can anticipate typically will happen:
- Booking and the decision for release: This includes fingerprinting, photographs, and checking for open warrants; then the MDJ will determine your conditions of release.
- Bail set or release on your recognizance (ROR): You could be released on your promise to appear (ROR), release with no monetary bail, or monetary bail release with conditions.
- Preliminary hearing scheduled: The court will set a date for your preliminary hearing, where it will hear evidence on whether there is sufficient evidence to continue on the case; your attorney may challenge the evidence early on.
- Protect your right: You have the right to decline to be questioned until you have spoken with a lawyer; that’s your right to ask for a criminal lawyer in Coatesville PA.
Do I Need a Lawyer for Arraignment?
Yes. A lawyer is your protection from making mistakes you didn’t need to make before your preliminary arraignment. It is unnecessary to tell the officers or the prosecutor your side of the story at this point\ your lawyer will be able to do that for you, protect your Miranda rights, and ask for less restrictive bail. If you are struggling financially, the court should discuss public defender – private counsel and an assignment of legal representation.
A lawyer who practices criminal defense in Coatesville Pa will also help you understand what charges you are facing (summary, misdemeanor, or felony) and what impact they may have on employment, licensing, or immigration status. A lawyer can also assist in preserving any defenses, ensuring compliance with conditions of the bail, and qualifying for programs like the ARD program in Chester County.
How Long Does a Case Take in Chester County?
There is no one answer to this question. Criminal cases generally pass through the court system through several stages which take weeks to months. It really depends on how serious the charge is, how busy the court is, and whether you are attempting a plea, diversion, or a trial. Car accidents, for instance, can sometimes take nine months just to complete evidence testing, or a witness cannot be found, or it may take weeks to negotiate a deal with the District Attorney.
Read more on criminal law.
As a reasonable way to set expectations—and create less anxiety—consider looking at your case more broadly, rather than looking at specific dates. This is what you can generally expect, not guarantees:
- Early Stage – this is the time elapsed from your arrest until you have your preliminary hearing, at which time the judge will rule whether your case proceeds forward.
- Middle Stage – sometimes several weeks or few months can pass in here, as you await the formal arraignment, discovery, and any motions you or the DA may seek in the case.
- Resolution Stage – depending on whether your case resolves in a negotiated plea, diversion, or whether you ultimately receive a trial date, the length of time can vary greatly, likely depending on your type of case, whether it involves DUI, or if there is expert testimony or your charge is a complex felony.
During this entire process, you have the right to receive timely updates from your lawyer or criminal defense attorney, and you have the right to hear about realistic options available to you based on the facts you provide. For example, in Pennsylvania, there are options to expunge records based on eligibility, and in regards to probation and parole in PA, your lawyer can share possible strategies you can employ on post sentencing purposes if the sentencing process becomes a concern to you.
Pennsylvania Bail and Release Basics
Bail, or whatever the term for court process to release you, isn’t intended as punishment; it’s assurance that you’ll return for the court process. In Pennsylvania, judges can select that you simply be released on recognizance, that is, no money down; they may decide on the use of unsecured bail, that is you owe money if you fail to appear, or a predetermined money amount to be posted as bail on your behalf, or allow a bondsman you pay to do for you.
Conditions reasonably similar to bail, may include no contact with alleged victims, prohibitions on traveling, the use of drugs and/or alcohol and testing conditions.
Here is what bail is: https://money.howstuffworks.com/bail.htm
If you have an issue with a condition, don’t wait, get your lawyer to seek immediate modification on your behalf, particularly if the condition appears unfavorable when considering your job or family needs.
If you are subject to a high bail amount or bail in any amount, a criminal lawyer in Coatesville Pa, can argue for reduction in bail amount by providing evidence of community involvement, stable employment, that you are not a failure to appear for past appearances. Moreover, keep your court dates. Once you fail to appear for a court hearing, the court automatically issues a bench warrant for your arrest, this makes it increasingly difficult to obtain a bail pending your next appearance.
Thinking about other costs associated with your court process and complying with those too (there could also be fines); working through challenges if they arise, this will assist in maintaining compliance while your case is pending.
Chester County Court Process Steps
Having an understanding of the overall context, timelines, and potential outcomes of your case will help reduce your anxiety and also prepare you for barriers that can arise. Each phase has its purpose, risks, and opportunities to negotiate and achieve the prescribed objectives.
The scope of your lawyer’s role is to protect your rights at every stage, and to explore potential negotiating leverage with the law enforcement authorities i.e., weak evidence, legal defects, other better alternatives (diversion, reduced charges)
Reference the following outline to follow your case along a pathway:
- Arrest and Charging – police report a complaint; charges are set;
- Preliminary Arraignment – served by judge to describe charges, and your rights; decides on bail;
- Preliminary Hearing – (Magisterial District Court) this is where the DA must have enough evidence for the court to proceed, your attorney may ask questions of witnesses, and can challenge potential gaps or weakness in evidence;
- Formal arraignment (Court of Common Pleas, West Chester) – you plead to charges and enter motions deadlines, and discovery;
- Pre-Trial phase – your lawyer reviews the evidence, can file motions to suppress whatever is possible, and negotiate with the DA; this is often where many Pennsylvania DUI charges and other cases are negotiated to closure;
- Plea, Diversion, or Trial – there may be options for you, ARD program in Chester County, if first-time eligible; plea through negotiation; or go to trial before jury or judge;
- Sentencing and Compliance – if you are found guilty/plea, judgement is meted out by judge, your lawyer will assist you with mitigation, and post sentence rights.
Final Thoughts
You are not alone; you have likely been through a horrific experience. There are options available to you. Consult with a local Chester County criminal defense attorney before you take further steps in your case.
A criminal lawyer in Coatesville Pa, can help you understand the misdemeanor vs felony in PA law; if it is your first date in Magisterial District Court – preliminary hearing; inform you about other options available ultimately, to work to the best outcome for your life and future.
