How to Fight Minor Misdemeanor Charges in Philadelphia

How to Fight Minor Misdemeanor Charges in Philadelphia

If you or your child have been charged with a minor misdemeanor in Philadelphia, it can be a scary situation. But don’t panic! There are things you can do to fight the charges. I’m going to walk you through the process step-by-step so you know exactly what to expect and how to handle it.

What Are Common Minor Misdemeanors in Philly?

Some of the most common minor misdemeanors people get charged with here are:

• Public drunkenness
• Disorderly conduct
• Retail theft under $50
• Loitering
• Minor in possession of alcohol
• Possession of a small amount of marijuana

While these charges aren’t super serious, you still don’t want to end up with a criminal record. So it’s important to take them seriously and fight back.

Get a Free Consultation with a Defense Attorney

The first thing you’ll want to do is meet with a criminal defense attorney for a free consultation. They’ll be able to review the details of your specific case and lay out your options. Here’s a good firm to contact.

When you meet with the lawyer, bring any paperwork you received from the police or court. Be ready to explain exactly what happened that led to the charges. The attorney will let you know if they think the case can be beat entirely, or if a plea bargain is your best option.

Understand the Possible Penalties

The penalties for minor misdemeanors in Philadelphia really vary case by case. But in general, you could be looking at:

• Up to 1 year in jail
• Up to a $1,000 fine
• Probation
• Community service
• Mandatory drug or alcohol counseling

Your defense attorney will give you a better idea of what exact penalties you might realistically face if convicted. This will help you decide how aggressively you want to fight the charges.

Explore Defense Strategies with Your Lawyer

There are a variety of defense strategies your attorney may recommend depending on the details of your case. For example:

• Invalid traffic stop – If you were pulled over without probable cause, evidence obtained may be inadmissible.
• Illegal search – If your property was searched without a warrant or consent, that evidence could get thrown out.
• Misidentification – Eyewitness misidentification is common. You may be able to show you weren’t the perpetrator.
• Self-defense – For assault charges, you may be able to claim you acted in self-defense.

Your attorney will determine if any of these defenses could get your charges dismissed or reduced.

Negotiate a Plea Bargain

If your lawyer doesn’t think the case can be completely beat, they may advise negotiating a plea bargain. This involves pleading guilty in exchange for reduced charges or a lighter sentence. The prosecutor may agree to this to avoid the time and expense of a trial.

Be wary of accepting any plea deal before discussing options with your lawyer. Make sure you understand exactly what rights you’d be giving up and what the final penalties would be.

Take It to Trial

If you can’t get the charges dropped entirely through motions and negotiations, your last resort is taking it to trial. Your attorney will vigorously defend you before the judge or jury.

Be prepared that a trial is time-consuming and there are no guarantees. But sometimes it’s the best option if you have a strong defense and are facing serious penalties. Your lawyer can advise you if it’s wise to go to trial vs attempting to plea bargain.

Get Your Record Expunged

If you do end up convicted of a minor misdemeanor, all hope is not lost. Many minor convictions in Philadelphia can be expunged from your record after a period of time. An expungement attorney can guide you through this process.

Having your record expunged will allow you to truthfully claim on job and housing applications that you do not have a criminal record. Your defense lawyer can let you know if expungement is an option in your case.

Don’t Go It Alone

Trying to navigate the criminal justice system alone without legal representation is extremely unwise. Minor charges can still have major consequences that follow you for years. So get advice from an experienced misdemeanor defense lawyer in Philadelphia as soon as possible. With their help fighting the charges, you have a much better chance of avoiding conviction and penalties.

Good luck and don’t be afraid to reach out to me if you have any other questions!