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Montgomery Township Criminal Defense Lawyer
Montgomery Township criminal defendants are often naïve when they go into court. They may think that a jury will simply believe their side of the story or that a lack of evidence will acquit them. The realities of dealing with the Pennsylvania justice system are far from logical. Because the laws are so complicated, it is not uncommon for the courts to construe even innocent conduct as a crime by omitting key elements and ignoring evidence to the contrary.
If you try to represent yourself at trial or let an inexperienced attorney try to represent you, you will find that the rules are meaningless. The courts are biased to side with the prosecutors and will break every rule in the book to convict you. They have plenty of prisons to fill up and can use sophistry to justify anything. It is only when you have an independent Montgomery Township attorney on your side that you can fight back. An attorney can take your case to the press when there are grave injustices.
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Traffic Tickets and DUI Charges in Montgomery Township
You might not think that a simple traffic ticket can land you in hot water, but it can lead to imprisonment if you ignore the warnings. If you fail to pay off your tickets, a bench warrant can be issued. Your driver’s license may also be suspended. And if you miss court dates that are scheduled on the matter, you can even be jailed for contempt of court on additional charges.
Pennsylvania has the space to keep people on thin ice. They will broaden the laws to make anything a crime. And you can face five years in prison even if you get a DUI charge.
It doesn’t take much to get charged with DUI. If you have a blood alcohol concentration greater than 0.08 percent, you are in violation of the Pennsylvania drunk driving laws. Of course, you don’t even have to fail the breathalyzer to be charged. The police can testify that you appeared intoxicated and were driving recklessly.
Even if you receive five years of probation, that probation sentence can be converted into an actual prison sentence if you violate. And it doesn’t take much to violate probation in Pennsylvania. The probation officers can create technical rules that make it easy for anyone to violate by sheer negligence. If you miss curfew for any reason, fail to answer a phone call, or have alcohol in your refrigerator during a home spot check, these can all be grounds to send you back to jail.
Montgomery Township Misdemeanors and Felonies
People can easily lose decades of their life by failing to hire experienced representation in Montgomery Township. The prison sentences in Pennsylvania have a base range of 10 to 20 years for Felony 1 charges. And the gravity score that is calculated using prior offenses can increase that maximum term to life in prison.
Furthermore, Pennsylvania can force you to plead guilty to a huge sentence because they trump up the charges with variations. Even though it is one criminal episode, they have so many different laws that you can actually violate five laws in a single minute without even realizing it. Every distinguishable element can double the penalties even if all the other elements of the crime are exactly the same.
In order to present a strong defense, you need the top lawyers in Montgomery Township. Legal theories in Pennsylvania are full of contradictions. The judges don’t like to create any solid rules and often write the law to flip-flop in any direction. This type of judicial legislation makes the laws unclear and easy for anyone to fall into a lengthy prison term.
Only Montgomery Township attorneys who are constantly practicing and sharpening their skills can formulate winning defenses. It is important to have poignant arguments that are based on solid precedents. Sorting through all the voluminous Pennsylvania opinions and persuading a judge that your opinion is from an expert is not possible unless you hire a top-notch attorney in Montgomery Township.
Appearing in court for a criminal charge or traffic charge is unsettling. In addition to worrying about the things you know will take place, you are understandably worried about the things that are unfamiliar to you. If you are required to appear in a Montgomery County Magisterial District Court, you may want to talk to a criminal defense attorney.
Amato Sanita Law Offices have defended numerous clients in Pennsylvania’s Magisterial District Courts. The goal is to tenaciously defend the client while showing the client how much they care.
If your notification tells you to appear in Montgomery County Magisterial District Court 38–1–02, you will be appearing in Elkins Park. This is also true if you have received a summons for a preliminary hearing, preliminary arraignment, traffic citation, non-jury trial, or bench warrant in this court. Elizabeth McHugh is the presiding judge.
For those who are unfamiliar with the location of the court, it is in Elkins Park, approximately nine miles away from City Ctr., Philadelphia. Elkins Park is home to two Magisterial District Courts. So you need to carefully check your paperwork. You want to make sure that you show up at the right court.
The Elkins Park Magisterial District Court is a minor court. That means it is going to handle non-traffic and traffic citations. It will also handle civil cases as long as the damage claim is less than $12,000. Criminal cases and tenant landlord disputes are also heard here.
Magisterial District Courts Located in Montgomery County, Pennsylvania
All summary offenses are handled in Montgomery County Magisterial District Courts. In Pennsylvania, a summary offense is the lowest level offense. These would include things like disorderly conduct, retail theft of items less than $150, drinking underage, or driving with a suspended license.
In Montgomery County, there are 30 Magisterial District Courts. The judges who preside in these courts have the authority to perform marriages as well as administer oaths. Montgomery County Magisterial District Courts are where criminal cases start. In the case of a felony or a misdemeanor, preliminary hearings and preliminary arraignments are held. As felony or misdemeanor cases progress, they will go on to the Montgomery County Court of Common Pleas.
When a person is charged with a criminal offense or traffic offense, they should have an experienced defense attorney with them. Contrary to popular belief, there is no such thing as a minor offense. A supposed minor offense could leave a person in jail for 90 days for the first offense and up to 180 days for subsequent offenses.
The Benefits of Having an Attorney by Your Side in an Elkins Park Courtroom
It is tempting for some to see a summary offense as a small thing and so they opt to plead guilty for it. They just want to put the experience behind them and move forward. This is short-sighted thinking. It fails to factor in how the outcome of the case could impact the person’s future.
Pleading guilty could land you in jail. Just think how that might disrupt your life. After 90 days in jail, will you have a job to go back to? Maybe not. Or think about how your life will change now that you have a criminal record. The implications of that are far-reaching.
It is important for you to retain an experienced criminal defense attorney who will be able to defend you against summary charges. They may be able to help you have a positive outcome. You want a lawyer who knows their way around Pennsylvania Magisterial District Courts. They should be able to give you sound advice and based on the circumstances of your case help to lessen the charges against you or get them dismissed outright.
As an example, if you are charged with retail theft, it could simply be that you mistakenly left the store without paying for the merchandise. Shoplifting is a common offense in the Philadelphia area, and there are a number of defenses that you can use.