Arrested or charged with a crime? DON’T DELAY! Time is of the essence! When you have been charged with a crime, what happens next can have a significant impact on your life, family, employment, and your future.
Cappellini Law provides honest advice you can rely on and will accommodate you as soon as possible. We are a 24hour/7day per week law firm ready to help you with the following matters:
- DUI
- Drug arrests involving marijuana, cocaine, heroin, and fentanyl
- Assault
- Theft
- Retail theft
- Burglary
- Terroristic threats
- Sex crimes
- Domestic violence
- Expungements
- Probation violations
- Warrants
- Drivers license suspension
At Cappellini Law, we will help you navigate the criminal process and help you deal with the exact charges you are facing and start moving your life forward.
Cappellini Law will help you during these difficult times and will vigorously fight to protect your due process rights under our Federal and State Constitutions. We will ensure your rights are protected against unlawful search and seizure, self-incrimination, surprise charges and evidence, protection against Double Jeopardy, protection against cruel and unusual punishment, ensure your right to confront witnesses and your right have your case heard by an impartial jury.
Steps of the Criminal Process in Pennsylvania
- Arrest and filing of charges
- Preliminary Arraignment
- Bail
- Preliminary Hearing
- Trial Arraignment – Informally Filed
- Filing of Motions and Discovery
- Resolution of case before Judge VIA plea or resolution by jury trial
- Sentencing
Arrest
Been arrested? Charged with a crime? This is a scary time, and you may be at a loss of what’s next.
Most Importantly, DO NOT talk or speak to law enforcement. You have a 5th amendment right to remain silent. Be respectful to law enforcement but firm. In Pennsylvania, the criminal court process begins when the police file felony and misdemeanor criminal charges in a criminal complaint. If the case is a serious charge, the police will usually get an arrest warrant for the accused.
Bail
Bail is not meant to punish. Its sole purpose is to ensure the accused appears for all court proceedings. All persons charges with a crime are entitled to bail unless the punishment for the charges could result in life in prison, death penalty, or if the District Judge believes the accused is a danger to the community.
Bail can be set in the following methods:
- Released on your own recognizance (R.O.R.)
- Secured Bond
- Unsecured Bond
- Percentage cash bail
- Cash bail
Preliminary Arraignment
At this level, the Magistrate District Judge will read to you the exact charges against you. It is a brief hearing, and, at this stage, the District Judge will also set bail.
Preliminary Hearing
At this level, the District Judge must determine if a “Prima Facie” case has been established. It does not determine guilt or innocence. The District Judge will determine whether there is probable cause to believe a crime was committed and whether there is probable cause to believe that you committed the crime.
Trial Arraignment or Formal Arraignment
If the District Attorney satisfied its burden of proof at the Preliminary Hearing, or of the accused waves his right to a Preliminary Hearing, the Formal Arraignment will occur. At this point, the prosecutor will file the official charging document known as the Criminal Information.
Discovery
I will file motions for you including a motion for Discovery which allows the accused to obtain copies of police reports, witness statements, recordings and physical evidence. The District Attorney must provide this information to me. I can also file other motions including the following:
- Motion to Quash the Preliminary Hearing charges
- Motion to Suppress Evidence
- Motion to Dismiss Charges due to speedy trial violation
- Motion for Change of Venue
- Motion for Continuance of Trial
- Motion to transfer adult charges to Juvenile Court
Plea
Same cases may proceed directly to a negotiated plea agreement. The sentencing judge must approve the conditions of the Plea Agreement.
I have 30 years of experience of negotiating plea agreements in both simple and complex criminal cases.
Trial
In Pennsylvania, a criminal trial can occur before a judge or jury. The Prosecutor must prove the accused’s guilt beyond a reasonable doubt.
Sentence
The judge will normally impose a sentence within the standard range of the Pennsylvania State Sentencing Guidelines.
The defense attorney will present evidence which favors the accused by introducing the following:
- Character Letters
- Character Witnesses
- Proof of substance abuse treatment
- Proof of mental health counseling
- Testimony of family and friends
- Restitution
Should I Represent Myself?
Absolutely NOT! Although you have a Constitutional right to represent yourself, it is not advisable. You need to develop a defense at an early stage in your vase, especially while you are being investigated or after police file charges.
Why Hire Cappellini Law?
I have over 32 years of experience fighting for the accused and injured. I have experience representing individuals during Pre-arrest Investigation, Grand Jury Investigations, Preliminary Hearings, Pretrial Motions, Pleas, Trials, Sentence and Post Sentence issues.
I will guide you through the complex system of criminal law which can be overwhelming and taxing. I give you my word that I will fight for you and keep you apprised of all developments in your case, both major and minor.
I provide representation in Luzerne, Lackawanna, Wyoming, Carbon, Susquehanna, Schuylkill, and surrounding counties.