What Happens After You Are Charged With a Crime in Pennsylvania
Many people ask this same question. The Keystone State has one of the highest arrest rates in the country. Generally, the defendant is either a first-time offender or currently under court supervision (probation or parole). Arrests are truly frightening in these cases. These individuals do not know what to expect. They do know the direct and collateral consequences of a criminal conviction are terrible.
A criminal defense lawyer is a strong advocate for criminal defendants. More importantly for purposes of this post, a State College criminal defense lawyer is a trusted advisor and counselor. An attorney guides cases through the complex criminal law process, explaining things in English, not legalese, all along the way. Then, when prosecutors make plea bargain offers (as they almost always do), lawyers give thumbs-up or thumbs-down recommendations.
Getting Out of Jail
First things first. Getting out of jail is usually the top priority for defendants and State College criminal defense lawyers alike.
Extended pretrial detention wreaks havoc on a person’s life from several perspectives. In many ways, the damage that pretrial detention causes, especially the emotional damage, is permanent. Pretrial release also gives a lawyer time to fully develop all possible procedural, substantive, and/or affirmative defenses.
Because Pennsylvania has such a high arrest rate, as mentioned above, several jail release options are available. These options help clear jails, thus reducing maintenance costs for cities and counties. Jail release options usually include:
- OR Release: The county often releases defendants on their own recognizance if they face nonviolent charges and have not been in trouble before. The low cost is a definite plus. However, the wheels of justice often turn slowly. Immediate OR release usually isn’t available.
- Cash Bond: In contrast, most defendants can post bond while they’re still in the holding area. Posting a bond is like leaving a security deposit for an apartment or a Halloween costume. Cost, which can exceed several thousand dollars, is the biggest drawback of cash bonds.
- Bail Bond: In many ways, a bail bond is a hybrid between a cash bond and an OR release. Bail bond release is almost immediate, and most bonding companies only charge about a 15% premium. For these reasons, nearly all Centre County jail inmates partner with bail bond companies.
All three forms of pretrial release involve some external supervision. This supervision often includes remaining in the county and avoiding further trouble with the law. Offense-specific conditions, such as a keep-away order in a domestic battery matter, are common as well.
Identifying Defenses
To get a batter out, one fielder must throw the ball, and another must catch it, at least in most cases. The same thing is true in criminal law. A jail release can lay the groundwork for a successful criminal defense. But a State College criminal defense lawyer must identify all possible defenses and seal the deal.
Procedural defenses include violations of the Fourth and Fifth Amendments. The Fourth Amendment limits the power of search and seizure, and the Fifth Amendment protects individuals from abuses of government power.
A substantive defense is an inability to prove all elements of a criminal offense beyond a reasonable doubt. If Eric is charged with drug possession, the state must not only prove that the drugs were close to Eric. The state must also prove he had exclusive control over them.
Affirmative defenses in criminal cases include coercion, entrapment, and, especially in battery cases, self-defense.
Connect With a Dedicated Centre County Lawyer
Your worst moment never defines who you are. For a confidential consultation with an experienced criminal defense lawyer in State College, PA, contact Decker Bradburn. Contact us online or call 814-308-8895. Virtual, home, and jail visits are available.