Any criminal charge is a serious matter. Working with an attorney to protect your rights and obtain the most favorable result is vital.
Our Butler criminal defense lawyers were prosecutors before they were defense attorneys. They understand both sides of the system and are committed to providing our clients with the most effective defense possible. Call today to schedule an initial meeting.
Although the criminal justice system requires law enforcement personnel to treat everyone as innocent until proven guilty, this does not always happen.
Officers and prosecutors have the advantage of familiarity with the process and can exploit individuals. The earlier we get involved, the greater the impact our criminal defense lawyers in Butler can have.
In many cases, an arrest is when the accused first learns they are under suspicion of a crime. Sometimes, however, a person receives a request from a law enforcement officer to answer questions about an ongoing investigation.
Anyone asked to help law enforcement with an investigation should contact one of our attorneys. They could be present at the interview and protect the individual’s right against self-incrimination. In some cases, we might recommend declining the opportunity for an interview.
When someone is arrested, they are entitled to a bail hearing within 48 hours. This is known as a preliminary arraignment and occurs in front of a magistrate judge. Generally, everyone is entitled to bail; however, when certain crimes are charged such as homicide, bail may be denied.
Our Butler attorneys can present evidence and articulate the relevant bail factors to be considered by the judge to enhance the probability of the defendant being released on bail as opposed to being incarcerated and having to post money with a bail bondsman to be released.
The first and perhaps most critical stage of a criminal prosecution is the preliminary hearing. During this hearing the prosecutor must establish prima facia evidence that a crime was committed, and that the defendant probably committed the crime. This is a far cry from proof beyond a reasonable doubt and the burden is very low, which is why some criminal defense attorneys will recommend their client waive these hearings for court; however, our Butler attorneys generally elect to have the preliminary hearing, because we learn information which can be critical to planning your defense, and are able to pin down any witnesses that testify as to what they will say if the case proceeds to trial. At the conclusion of the preliminary hearing our attorneys will often request the court to dismiss certain charges if the prosecution has failed to meet their very low burden however, often times all charges are held for court and for future proceedings at the Court of Common Pleas.
The next, hearing after the preliminary hearing is formal arraignment at the Court of Common Pleas, which is the first appearance at this next level. This hearing is often waived too, as our appearance is generally not required, as it is so early in the proceeding; however, this is a critical hearing, as it starts the time running by which the government must provide us with written discovery, and we must file certain pretrial motions should there be any issue in your case.
Therefore, it is imperative that we are engaged early in the proceedings so that we can aggressively fight your case, every step of the way.
During discovery, the prosecutor and the defense must exchange evidence. While they review each other’s evidence, the sides usually negotiate to resolve the charge.
In some cases, evidence produced during the discovery phase—or problems with the prosecution’s evidence—can lead a prosecutor to reduce a charge to reach a plea agreement or drop it altogether.
When facing criminal charges, building a strong defense starts with understanding the elements of the offense—the specific facts that the prosecution must prove beyond a reasonable doubt to secure a conviction. If the state fails to prove even one element, the case may be dismissed, reduced, or result in an acquittal.
A skilled Butler County criminal defense attorney will carefully analyze the evidence, witness statements, and legal standards to determine the best defense strategy. There are two primary ways to challenge a criminal charge:
Since the burden of proof is on the prosecution, a strong defense often involves challenging the evidence or proving that an essential element of the crime is missing. This may include:
In some cases, the defense strategy may involve presenting an affirmative defense—a legal justification that explains the defendant’s actions and negates criminal liability. Common affirmative defenses include:
Preparing an effective defense requires a deep understanding of Pennsylvania law, procedural rules, and the strategies that work in court. A defense attorney can:
If you are facing criminal charges, your future is on the line. The right defense strategy can make all the difference. Contact Benjamin Levine Law today for a confidential consultation and start building your defense.
Criminal charges can have life-long consequences. Working with an experienced legal professional could significantly impact the outcome.
Reach out to a Butler criminal defense lawyer when you are arrested. They could guide you through every aspect of the criminal process and help develop a solid defense strategy.