What are my rights after being arrested in Philadelphia?

What are my rights after being arrested in Philadelphia?

Getting arrested can be scary and confusing. Believe me, I get it. As a defense lawyer in Philly for over 10 years, I’ve helped hundreds of clients navigate the system after an arrest. I know all your legal rights and I’m here to walk you through exactly what to expect, step-by-step.

First things first: take a deep breath. Freaking out won’t help, I promise. Let’s tackle this one thing at a time.

At the Police Station

After being arrested, the police will take you to the nearest station for booking. Here’s the drill:

• They’ll take your personal belongings, fingerprint you, photograph you, and record your vital information. They might ask you questions but you don’t have to answer if you don’t want too. More on that later.
• You’ll be allowed to make a phone call – so call a lawyer, friend or family member. Tell them where you are and what happened.
• You’ll also get to see a bail commissioner who can set or deny bail. Don’t worry if bail gets denied – you can always have a bail hearing in front of a judge later.

Your Miranda Rights

I’m sure you’ve heard the phrase “you have the right to remain silent” on TV. Well, in real life, the police MUST read you your Miranda rights before any questioning. These include:

• You have the right to remain silent – so don’t feel like you have to answer police questions if you don’t want to.
• Anything you say can and will be used against you – so keep that in mind before you speak.
• You have the right to an attorney – always a good idea to have a lawyer with you during questioning. The police unfortunately won’t wait until your lawyer gets there to ask you stuff.
• If you can’t afford an attorney, one will be appointed – and guess what, that’s me! I got your back.

Here’s the kicker: If the police don’t properly Mirandize you, any confession or statements you make might get thrown out later. Score!

Getting Out of Jail

After booking, you’ll either:

A) Be released, with or without having to pay bail

or

B) Stay in jail until your trial if no bail was set or you can’t afford what was set

If you bond out on bail, be smart – make all your court dates! A warrant will be issued for your arrest if you miss court, then you’re back to square one. Lame, I know.

While out on bail, obey all laws obviously. Relax. Don’t talk about your case with anyone except your lawyer. Oh, and avoid social media – innocent posts have sunk many clients after an arrest. I once had a client post pics posing with bottles of booze while out on bail for drunk driving… face palm.

Next Steps & Getting a Lawyer

Here’s what you need to do ASAP:

1. Get a copy of your charges & make sure they’re 100% accurate. Clerical errors happen more than you think.
2. Hire a criminal defense lawyer – that’s me! I’ll walk you through the process, investigate your case, negotiate with the DA if possible, and defend you in court if we can’t get the charges dropped completely.
3. Don’t talk to the police or sign ANYTHING without me present. Seriously, their job is to prosecute you, not look out for your best interests.

I get that money’s probably tight after an arrest. But a good lawyer is worth the money, trust me. I offer payment plans and will work closely with you on costs. Plus, first consultations are always free. And if you still can’t afford an attorney, one will be appointed by the court at no cost.

Common Defenses

Here are some of the most common defenses I use to get charges reduced or dismissed entirely:

• Illegal search & seizure – If the police didn’t have probable cause or a warrant, evidence found can get thrown out. This happens more than you’d think!
• Miranda rights violation – Remember what I said about the police not properly Mirandizing you? Well any confession or statements you make can get tossed if they screw this up.
• Misidentification – Eyewitness testimony is super unreliable. So if someone ID’ed the wrong suspect (you), we can fight it.
• Entrapment – If undercover cops pressured you into committing a crime you otherwise wouldn’t have, this is 100% a solid defense.

I have a whole bag of tricks to get charges dropped or reduced. The key is acting fast to preserve all your legal rights.

So take another deep breath. Don’t panic. Call me ASAP after an arrest so we can start building your defense. You got this! And I got your back every step of the way.