IF YOU ARE ARRESTED

1. Stay Calm

Once the police have decided to make an arrest, creating a scene or resisting arrest will not help you. In fact, it may lead to additional charges. Even if you feel you are being treated unfairly or are being wrongly accused, try to remain calm.

2. Know Your Rights

Any individual charged with a crime has the right to remain silent and is not required to answer any questions posed by police regarding the charges or potential charges. You also have a right to have a lawyer present during any questioning. Generally, it is in your best interest to consult with an attorney at Donohue & Donohue or another criminal defense attorney before answering any questions or making any statement to police. If you clearly indicate to police that you want to be represented by an attorney all questioning must immediately stop.

WHAT TO EXPECT AFTER YOUR ARREST IN PENNSYLVANIA

If you are arrested on a felony or misdemeanor charge one of two things will happen.

First, you may be released by the police after processing and will be served with a summons to appear in court on a particular date.

Secondly, the police may elect to detain you until a magistrate judge is available to conduct a preliminary arraignment. If you are detained for a preliminary arraignment, the preliminary arraignment will normally be conducted within a few hours depending on the availability of a magistrate judge. If the arrest is at night, it may take several additional hours before your hearing takes place.

At the preliminary arraignment you will be informed of the charges against you, advised of your next court date and bail will be set. If bail is posted, you will be released with a subpoena to appear in court for a preliminary hearing some time in the future. If bail is not posted, you will be transported to the county jail to await your preliminary hearing date.

The preliminary hearing will be conducted in the local magisterial district court where the incident occurred. The preliminary hearing is not your trial, it is a hearing to determine whether the state can present sufficient evidence of a crime that you should stand trial and the burden of proof is lower than at trial. If it is determined that sufficient evidence exists to warrant a trial, your case will be sent to the Pennsylvania Court of Common Pleas in the county of the alleged offense. If the district judge determines that the evidence is insufficient to warrant further prosecution, the case will be dismissed. You have a right to be represented by an attorney at your preliminary hearing. Be sure to exercise that right by obtaining an attorney before your scheduled preliminary hearing.

IF YOU ARE STOPPED FOR DUI

You will be asked to submit to chemical testing. If you refuse to give a sample of your breath or blood your license to drive will be suspended for one year regardless if you are convicted of DUI. A DUI convictions , depending on the tier and whether it is a first or subsequent offense, may carry a separate license suspension that runs consecutively to the suspension for the refusal.

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