An arrest in Pennsylvania commences a legal process with the potential for serious and significant implications which may include a criminal record, loss of driver’s license, imprisonment, large fines and other potential losses such as employment, custody rights and other important freedoms.
In Pennsylvania, the process that unfolds after an arrest involves various steps, each designed to uphold the rights of the accused. Having a basic understanding of the process involved, knowing your rights following an arrest, and being aware of the options regarding phone calls and bail are important aspects of this process.
Your rights under the appliable laws are your first line of defense when it comes to being arrested, and it is, therefore, extremely important that you understand them as well as the process involved when it comes to being arrested and charged with a criminal offense or offenses. When facing criminal charges, it is important that you remember these two rights above all else: (i) First, that you have the right to remain silent, and (ii) second, that you have the right to an attorney. The right to remain silent, more commonly known as part of the Miranda Rights, ensures that individuals are informed of their right to remain silent during police questioning. Anything said can be used against the individual in court, so it is advisable to exercise this right at the first available opportunity until legal counsel is present. The right to an attorney essentially provides that every individual has the right to an attorney, and if they cannot afford one, the court will appoint one.
It is imperative that you assert both of these rights at the first available opportunity pending contact with a criminal defense attorney familiar with Pennsylvania Law(s). These rights serve as a defense mechanism against potential injustices and protect your legal integrity. Explicitly stating your wishes to enact your rights is fundamental and can affect the course of your case.
An arrest can occur by your local police or state police, depending upon which has proper jurisdiction over the underlying matter, following an investigation of alleged criminal acts or more immediately at the scene of the alleged criminal act(s) if the officer has probable cause to believe that a crime has been committed. Probable cause essentially means that there is sufficient information, or evidence, at the relevant time in response to which the Officer believes it to be more likely than not that a criminal act has been committed on your part based upon the information available to him/her at the time.
Once arrested, you will generally then be taken by the involved Officer(s) to the local police station or state trooper barracks in order to be processed, which involves taking your photograph/fingerprints, and obtaining some basic information about you which will be entered into the “system”. Once processed, you will then wait to be seen by a Magisterial District Judge (MDJ) who will provide you with what is known as a Preliminary Arraignment to determine whether to keep you in custody or release you on bail. Contrary to popular belief, there is no specific constitutional right to a phone call after an arrest. You will, however, be permitted to make a phone call following your Preliminary Arraignment.
If it is determined by the Judge that you may be released on bail, he/she will also then determine the amount of bail which is required on your part, which can be $0 if released upon your own recognizance, known as ROR. Otherwise, a fixed amount above $0 dollars will be set based upon the severity/nature of the crime(s) with which you have been charged as well as whether you present as a potential flight risk if released. You will generally be required to post only ten percent (10%) of the total bail in order to secure your release. Once processed and released, you will be given paperwork of various kinds which will include a Notice to Appear for what is known as a Formal Arraignment before the Court of Common Pleas of the County which has jurisdiction over the case/matter.
The Formal Arraignment is the first step of the criminal process before the appropriate Court of Common Pleas and is generally followed by a Pre-Trial Conference before the Judge Assigned to the Case, and then a Trial Date, unless the matter is able to be resolved prior thereto thru the filing of appropriate Motions by your Attorney to have the matter dismissed, Plea Agreement, or other available Pre-trial dispositions, such as Accelerated Rehabilitative Disposition (ARD) if same is offered and available for your criminal case.
If you’re arrested, it is imperative that you retain the assistance and representation of a criminal lawyer near you so as to ensure that your rights and interests are properly protected.
The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Robert B. George, Esquire at 610-565-5700 or at [email protected].
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The information that our blogs provide does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. Information in our blogs may not constitute the most up-to-date information. Readers of our blogs should contact a qualified attorney to obtain legal advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of any information in our blogs without first seeking legal advice from a qualified attorney. Only the reader’s own attorney can provide assurances that the information contained in our blogs – and any interpretation of it – is applicable or appropriate to the reader’s particular legal issue. Use of, and access to, the information in our blogs does not create, and is not intended to create, an attorney-client relationship between the reader and our law firm or our blog authors.
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