Contesting Violent Crime Charges in Philadelphia Court

Contesting Violent Crime Charges in Philadelphia Court

Being charged with a violent crime in Philadelphia can be an incredibly stressful and frightening experience. As a defendant, you may feel overwhelmed and unsure of how to proceed. The good news is that you have rights under the law, and there are steps you can take to contest the charges and protect yourself. In this article, we’ll walk through some of the key things to know if you find yourself facing violent crime charges in Philly.

Understanding the Charges

The first thing to do is get very clear on exactly what you’ve been charged with. Violent crimes can include things like murder, rape, robbery, aggravated assault, domestic violence, and more. The specific charges will be outlined in your criminal complaint. Your lawyer will go over the elements of each charge with you, what the prosecution needs to prove, and the potential penalties if convicted. Pay close attention here – the details matter.

Getting an Experienced Criminal Defense Lawyer

Once you understand the charges, your next move should be hiring an experienced criminal defense lawyer, if you don’t already have one. An aggressive defense lawyer who regularly handles violent crime cases in Philadelphia will be familiar with the prosecutors, judges, and processes. They can advise you on the law, strategy, and your options. Don’t go it alone – the legal system is complex. A good lawyer is essential.

Looking at Bail and Pretrial Release

After being arrested, you’ll go before a judge who will decide whether to set bail. If you can post bail, you’ll be released until trial. If not, you’ll remain in jail. Your lawyer will argue for the lowest bail or your release on your own recognizance. Factors considered include flight risk, danger to the community, and prior record. Be prepared to surrender your passport and agree to pretrial supervision if released.

Considering a Plea Bargain

Many violent crime cases end in plea bargains rather than going to trial. The prosecution may offer a deal like reducing the charges in exchange for a guilty plea. Your lawyer will review any offers and advise if a plea is in your best interest. Think carefully before accepting. You’ll have to admit guilt and face penalties. But sometimes pleas offer the best outcome versus risking trial.

Gathering Evidence and Alibis

Your lawyer will immediately start investigating the charges and building a defense, looking at the evidence (or lack of) against you. If you have an alibi or witnesses who can corroborate your story, provide that information ASAP. Evidence that counters the prosecution’s case will be crucial. Be honest with your lawyer so they can fully assess how to defend you.

Understanding Self Defense Arguments

If you’re claiming self-defense, be prepared to prove you acted reasonably to protect yourself from harm. Things like injuries sustained, 911 calls, and witness statements will back up your story. If you used a weapon, expect questions on whether that level of force was justified. Talk to your lawyer about strengthening your self-defense argument.

Fighting to Exclude Evidence

Before trial, your lawyer will look to have damaging evidence thrown out if it was obtained illegally. This could include things like improper searches, forced confessions, or eyewitness misidentifications. If the evidence is ruled inadmissible by a judge, it can’t be used at trial. Suppressing evidence could cripple the prosecution’s case against you.

Considering an Insanity Defense

In some cases, an insanity defense may be appropriate if you were suffering from mental illness or a disability that made you unable to understand your actions or know right from wrong. This is hard to prove and rarely used successfully. Your lawyer can advise if an insanity defense could apply. Expect to undergo psychiatric evaluation by an expert.

Selecting a Jury

If your case goes to trial, jury selection will be critical. Your lawyer will question potential jurors to weed out bias and pick those likely to view facts in your favor. Things like attitudes on violent crime, law enforcement, race, self-defense laws, and other issues may come into play. Picking the right jury improves your odds at trial.

Anticipating the Prosecution’s Arguments

Your lawyer will try to anticipate the arguments and evidence the prosecution will use against you. This could include things like: motive to commit the crime, physical evidence linking you to the scene, incriminating statements you made, eyewitness testimony placing you as the perpetrator, or a lack of alibi. Being ready to counter these arguments is key.

Taking the Stand

You’ll need to decide whether to testify on your own behalf. Your lawyer can advise if it will help or hurt your case. If you have a solid self-defense claim or rock-solid alibi, testifying may sway a jury in your favor. But if you have a criminal record or may not hold up well under cross-examination, it could backfire. Think this through carefully.

Understanding Sentencing if Convicted

If you are found guilty at trial, your lawyer will advocate for the lightest sentence allowed by law. Factors like having no prior record, showing remorse, or contributing positively to society may help. The judge will consider sentencing guidelines and issue a prison term, probation, fines, etc. Be prepared for the worst, but hope for the best.

Facing violent crime charges is scary. But having an experienced lawyer fighting aggressively on your behalf can make a huge difference. Know your rights, build the strongest defense possible, and don’t give up hope. With perseverance and a good legal strategy, you may be able to get charges reduced or even dismissed. Don’t go through this alone – help is out there.