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What should I do if I’m arrested for a crime in Philadelphia?
What Happens When You Are Arrested in Philadelphia?
The First Steps After Arrest
If you’re placed under arrest in Philadelphia, the police will likely handcuff you and transport you to the nearest station. You’ll be fingerprinted, photographed, and asked for basic information like your name, address, etc. This is all standard procedure after an arrest.
You’ll also be searched. Officers can legally search your person, belongings, and vehicle without a warrant upon arrest. Any evidence found can be used against you. Be cooperative during searches but don’t voluntarily offer any information.
A critical first step is to invoke your right to remain silent! Tell the officer politely but firmly: “I will not answer any questions until I speak to my attorney.” Then stop talking. Anything you say can come back to haunt you. Silence is golden when arrested.
The booking process and search can be long, uncomfortable affairs. Stay calm. Getting upset will not help your case. Contact a lawyer as soon as possible after arrest so they can start working on your defense.
Getting Out of Jail After an Arrest
For minor offenses, you may be able to bail out after booking using cash or bond. But if police view your charges as serious, you’ll likely need to see a judge first. Here’s how that shakes out:
Preliminary Arraignment
In Philadelphia, your preliminary arraignment must happen within 48 hours after arrest. This hearing is when a judge:
- Formally charges you
- Decides whether to let you out on bail/bond or keep you in custody
- Sets your bail amount if needed
Arrange for your lawyer to be present at this vital hearing! An attorney can argue for your release or reduced bail. They know how to poke holes in the prosecution’s arguments.
If no judge is available within 48 hours, you must be released. But for serious alleged crimes, don’t expect that to happen.
Posting Bail in Philadelphia
Bail is money or property you provide to the court as collateral, allowing your release from jail until trial. The judge sets your bail amount based on factors like:
- Severity of the charges
- Your criminal history
- Flight risk concerns
- Danger to the community
There are typically two options for posting bail:
- Cash Bail – You or family/friends pay the full bail amount in cash to the court. You get the money back after showing up for all court dates.
- Surety Bond – You pay a non-refundable percentage fee (usually 10%) to a bail bondsman, who posts a surety bond for the full bail amount to the court on your behalf.
A bondsman’s services allow release without paying the bail amount up front. But it comes at a cost. Make sure to understand all fees and collateral consequences before using a bail bondsman.
If you can’t afford to post bail, you’ll await trial dates in jail. That really puts you behind the 8-ball in building your defense. A skilled lawyer may get the bail lowered or waived so you can fight your case from outside a cell.
Common Defenses to Criminal Charges
The allegations against you determine what defenses may beat the charges. Common defenses in Philadelphia criminal cases include:
- Illegal Search & Seizure – Evidence is thrown out if gained through an unlawful search without probable cause.
- Misidentification – Eyewitnesses sometimes identify the wrong person. An attorney can challenge shaky ID evidence.
- Self-Defense – Use of force was legally justified to protect yourself from harm.
- Consent – The “victim” actually consented to the alleged criminal act.
- Diminished Capacity – You lacked mental ability to form criminal intent due to mental defects or intoxication.
- Entrapment – The police improperly induced you into committing a crime you otherwise wouldn’t.
An experienced lawyer knows how to craft the right defense strategy for your unique case. Don’t go it alone against seasoned prosecutors. Hire legal help immediately after arrest.
Should I Take a Plea Deal?
After filing charges, the prosecution may offer a plea bargain to avoid trial. This involves pleading guilty in exchange for lesser charges or a lighter sentence. Tempting right? Hold up!
Never accept a deal without discussing options with your lawyer first. Plea bargains close doors that may have led to dismissed charges or acquittal at trial. Once you plead guilty, there’s no going back.
In rare cases, refusing a deal to fight at trial can make sense. But in reality, deals often provide the best outcome versus gambling on trials. Just make sure you understand all the implications before pleading out.
Get Your Case Dismissed!
Even after arrest, it is possible to beat the charges and walk away clean. Work closely with your attorney to find legal holes that justify dismissal.
For example, if police lacked probable cause for the arrest, an attorney can file a suppression motion to exclude all evidence stemming from it. Case dismissed!
Statute of limitations expirations, illegal searches, lack of evidence, technical errors, and other issues also allow charges to get tossed pre-trial. Don’t give up hope.
Stay Strong Amidst the Storm
Dealing with criminal charges is overwhelming no matter what. But take it step by step, day by day. Lean on family and friends for support during this difficult season.
Stay positive and solution focused. You got this! It may feel impossible now, but so many have walked this road before and came out the other side stronger. Things will get better.
With an experienced criminal defense lawyer guiding you, justice can still prevail. Stay strong, keep the faith, and focus on doing the next right thing. Brighter days lie ahead!