If you are facing criminal allegations, your freedom may be at stake. Once you serve time, your punishment will still not be over, with many being unable to find a job, suitable housing, or even to have access to their children. These collateral consequences can be far-reaching, putting a wrench in your future.
Criminal charges can be overwhelming, which is where criminal defense attorney Matt Fogal in Chambersburg, PA, can help. Attorney Fogal understands the impact that an arrest, charges, or conviction can have on your life. If you are looking for exceptional representation to safeguard your good name, then Matt Fogal Law Office, LLC, is the right choice for you.
The Criminal Court Process in PA
Criminal Complaint
The criminal complaint sets the stage for the criminal court process. If you have received a criminal complaint, you cannot ignore it. The criminal complaint will include your information, the name of the arresting officer, the date and location of the alleged offense, what laws were broken, and an Affidavit of Probable Cause. The Affidavit of Probable Cause summarizes the facts as gathered by the arresting officer, which the prosecution will rely on as the basis of their case. The complaint often includes a summons that tells the defendant when to appear in court.
Preliminary Arraignment
Your first appearance will be the preliminary arraignment, in which you will appear before the magisterial court. At the arraignment, the charges against you will be read, and the judge will set your bail. Bail will be set based on the severity of the crime, your criminal history, past bail violations, your ties to the community, and if the court deems you to be a flight risk. If you have no prior offenses and are a stable member of the community, the judge may release you on personal recognizance (ROR). Known as an ROR, you will not be required to post any money but will need to sign a form promising to return to court as scheduled.
Preliminary Hearing
This is followed by a preliminary hearing, which is a critical step in the criminal court process. During the hearing, the prosecution will be tasked with presenting enough evidence to show probable cause (a “prima facie” case) for the charges. Understandably, it is sometimes called a probable cause hearing. Although the hearing room or courtroom may make it feel like a trial, it is a brief court appearance. The prosecution will present evidence to a magistrate or municipal court judge, with one or two witnesses usually being called to the stand, subject to cross-examination by the defense.
After all the evidence is presented, the judge or magistrate will determine if there is sufficient evidence to proceed to trial. During this point in the process, an experienced criminal defense lawyer will challenge the evidence against you to potentially get the charges dismissed.
Misdemeanors vs. Felonies
Misdemeanor and felony offenses are two classifications of crimes that carry the potential for imprisonment. A misdemeanor is considered a less serious offense, meaning less jail time and lower fines than a felony. Even so, misdemeanor charges should be taken no less seriously, since a conviction will result in a criminal record that shows up on background checks, preventing you from getting a job or a decent apartment.
Both misdemeanor and felony offenses may be either first, second, or third-degree, from most to least severe. The following is a summary of the penalties for each type of misdemeanor under Pennsylvania law:
- First-degree misdemeanor: A maximum of five years in prison and up to $10,000 in fines.
- Second-degree misdemeanor: A maximum of two years in prison and up to $5,000 in fines.
- Third-degree misdemeanor: A maximum of one year in prison and up to $2,500 in fines. If the misdemeanor is not given a degree classification, it will be charged as a third-degree misdemeanor by default.
Common examples of misdemeanor offenses in Chambersburg, PA include:
- Driving under the influence (DUI)
- Simple assault
- Possession of a controlled substance
- Disorderly conduct (summary offense that can be elevated to a third-degree misdemeanor)
- Minor theft
Felony classifications and penalties are as follows:
- First-degree felony: Maximum of 25 years in prison and up to $25,000 in fines. (A first-degree murder conviction comes with life in prison or the death penalty.)
- Second-degree felony: Maximum of 10 years in prison and up to $25,000 in fines.
- Third-degree felony: Maximum of seven years in prison and up to $15,000 in fines.
Common examples of felony offenses in Chambersburg, PA include:
- Aggravated assault
- Drug Delivery
- Burglary
- Theft of property valued between $2,000 and $100,000
- Identify Theft
- Robbery
Types of Criminal Charges in Chambersburg, PA
The firm handles the following types of criminal offenses:
DUI
Individuals who are suspected of driving under the influence of alcohol or drugs may be charged with a DUI. A DUI charge applies to anyone who is found operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater, or under the influence of a controlled substance. Potential penalties will be based on ant prior DUI offenses, BAC levels, presence of a controlled substance, and aggravating factors. Defendants convicted for a DUI offense may face imprisonment, fines, alcohol highway safety school, and license suspension/revocation.
Violent Crimes
A violent crime is any offense that is performed against another person, with the intent of threatening to inflict harm, attempting to harm, or inflicting harm on that person. Common violent crimes in Chambersburg include rape, robbery, assault, and kidnapping.
Property Crimes
The Commonwealth imposes severe punishments against illegally seizing or destroying another person’s property or money. Property may be taken without threat of force or intimidation, or by force. When property is taken without force, it is classified as theft, while robbery entails using force or threatening force. Other property crimes include vandalism, trespassing, and forgery (altering documents to use without a person’s permission for financial gain).
Expungements
If you have been charged with a crime in Pennsylvania, you may be eligible to have your record erased through a process known as expungement. Expungement is available to charges that have been dismissed, withdrawn, nolle prossed (the prosecution formally dropped charges), or resulted in a “not guilty” verdict. Under 18 Pa.C.S. §9122(b)(3), summary offense convictions (the most minor criminal offense in PA) are eligible for expungement as long as the individual remains free of arrests or prosecutions for five years after conviction.
Pardons
If your offense is not eligible for expungement, then you may apply for clemency. Clemency is the process of having your crime pardoned by the Governor. A pardon will reinstate any civil rights you lost, including the right to vote, travel outside the U.S., and renew professional licensure. In an unconditional pardon, the Governor will forgive your offense. If granted, you will automatically have the crime expunged from your record. It is essential that you consult with a Chambersburg criminal defense attorney to determine your pardon eligibility, as well as to guide you through the process.
Potential Defenses to Criminal Charges
A criminal defense lawyer will craft a compelling argument based on the specifics of your case. A criminal defense attorney must prove enough evidence to establish the defense, while the prosecution will have the burden of disproving it.
Common defenses entail any of the following:
- Constitutional Violations: The police and prosecution have a duty to respect your constitutional rights. Common constitutional violations in a criminal case include Fourth Amendment violations, in which the police fail to obtain a warrant or get your consent before a search. Brady violations, in which the police or prosecution fail to disclose exculpatory information, are also a violation of your Constitutional rights. A Brady violation may result in a mistrial, a new trial, a dismissal of the charges, a reversal of the conviction, or no consequences if the withheld information is not integral to your case.
- Duress: If you were forced to commit a crime due to a threat of yourself or others being harmed, then you may claim duress. However, not every defendant can claim duress; only those who had no means of escape and who had a reasonable fear of being harmed can do so. Be aware that the prosecution will probably try to challenge this defense with evidence that you negligently or recklessly placed yourself in an unsafe situation.
- Self-Defense: 18 Pa.C.S. §505 allows you to use self-defense if you believe that you or others are at risk of serious bodily injury or death. Unlike other states, Pennsylvania law does not require retreat. However, the amount of force must be proportionate to the danger you are facing. This also applies to the use of deadly force. If you claim self-defense, the prosecution may try to find evidence that the amount of force you used was excessive or that you were the aggressor.
You Need an Attorney with a Clear Understanding of the Judicial System
It is vital that you have an experienced criminal defense attorney who can ensure that your rights are protected. The prosecution’s case-in-chief will be presented first at trial, which will allow your lawyer to test the strength of the government’s case. If the prosecution presents weak evidence, a defense attorney will attempt to poke holes in their case, in hopes of securing a “not guilty” verdict.
If your charges are not able to be dropped or dismissed, Attorney Fogal will attempt to negotiate with the prosecutor. There are a couple of options, one of which may be Accelerated Rehabilitative Disposition (“ARD”). ARD allows your case to remain in pre-trial status until you complete the program. Afterward, your charges will be dismissed, and you can apply to the court to have the offense expunged from your record.
If you are not eligible for ARD, then Attorney Fogal will attempt to reach a plea agreement with the assigned prosecutor. A plea agreement can take many forms, such as pleading guilty to some charges while others are dropped, pleading guilty to a lesser offense, or pleading guilty in exchange for a more lenient sentence. Attorney Matt Fogal will not stop until he can get a sentence that allows you to spend the least amount of time behind bars.
Speak with Chambersburg Criminal Defense Lawyer Matt Fogal Today
Being arrested or charged with a criminal offense can be intimidating, leaving you wondering about your legal options. At Matt Fogal Law Office, LLC, Attorney Fogal’s experience as the former District Attorney for Franklin County allows him to stay one step ahead of the government. If you want knowledgeable, confident representation of your interests, choose attorney Fogal. To schedule a confidential consultation with the firm, feel free to reach out online or by calling (717) 868-8151.