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Defending Against Philadelphia Curfew Violation Allegations
Defending Against Philadelphia Curfew Violation Allegations
Getting accused of violating Philadelphia’s curfew laws can be scary. But with the right defense strategy, you may be able to get the charges dismissed or reduced. This article will walk you through some of the common defenses used against curfew violation allegations in Philadelphia.
Challenging the Stop
One defense strategy is to challenge the legality of the stop itself. In order to stop someone for a curfew violation, the police need reasonable suspicion that a crime has occurred. If the stop was illegal, any evidence obtained as a result may be suppressed. An experienced criminal defense lawyer can review the circumstances of the stop and file a motion to suppress if there are grounds to challenge it.
Challenging Probable Cause
Police also need probable cause to make an arrest for a curfew violation. Probable cause means sufficient facts and circumstances to lead a reasonable person to believe that a crime was committed. A criminal defense lawyer can argue there was no probable cause if, for example, you were simply walking home from work during curfew hours.
Contesting Identification
In some cases, the police may have stopped the wrong person by mistake. Eyewitness misidentification is a common cause of wrongful arrests. If you were misidentified as the person violating curfew, an attorney can file a motion contesting the accuracy of the identification. This may get the charges dismissed immediately.
Affirmative Defenses
There are several affirmative defenses that may excuse an otherwise illegal curfew violation:
- Necessity – You violated curfew because of an emergency situation
- Self-defense – You were protecting yourself from harm
- Duress – Someone threatened or coerced you into violating curfew
- Mistake of fact – You reasonably but mistakenly believed you were complying with curfew
An experienced lawyer can help investigate the facts and build an affirmative defense case if one these defenses may apply.
Curbside Justice Program
Philadelphia offers a Curbside Justice program that allows some curfew violations to be resolved without a trial. The program involves community service and classes in exchange for avoiding conviction. A lawyer can advise if you are eligible and help negotiate a favorable Curbside Justice resolution.
Fighting the Charges at Trial
If no pretrial motions or affirmative defense works, the final option is taking the case to trial. A trial attorney can cross-examine the prosecution’s witnesses about inconsistencies and challenge the credibility of evidence. The burden is on the prosecution to prove guilt beyond a reasonable doubt. An experienced trial lawyer may be able to create enough doubt to win an acquittal.
Mitigating Penalties If Convicted
If convicted of a curfew violation at trial, a lawyer can advocate for the minimum fines and penalties allowed under the law. They can present mitigating factors like lack of criminal history, youthful age, and other extenuating circumstances. While avoiding conviction is the goal, skilled counsel can help reduce the consequences if found guilty.
Seeking Expungement Post-Conviction
A curfew violation conviction stays on your record and can hurt future education and employment prospects. Many first-time offenders are eligible for expungement in Pennsylvania. An attorney can file the expungement petition and represent you at the hearing to clear the conviction from your record.
Consult an Experienced Criminal Defense Lawyer
Defending against curfew violation allegations requires an in-depth understanding of Philadelphia’s complex curfew laws and police procedures. An experienced Philadelphia criminal defense lawyer will know all the possible defenses and strategies to get your charges dismissed or reduced. They will aggressively defend your rights at every stage of the case. Don’t go it alone against the government – consult a dedicated curfew defense attorney right away.