Pittsburgh Pennsylvania Criminal Defense Attorney – Criminal Trials from Start to Finish
As a Pennsylvania criminal attorney who practices in Pittsburgh, I am regularly engaged by clients who have never been in trouble before. When people are charged with a criminal offenses in Pennsylvania for the first (and hopefully last) time they often exhibit three emotions; confusion, fear, and anger. The most common questions asked are, “What will happen to me?”, “What is the process from here?”, and “What is my best defense?”
The answers can be complicated. However, the best criminal attorneys in Pittsburgh know that experience and a thorough understanding of the Criminal Trial Process usually leads to the best criminal defense in Pittsburgh and Pennsylvania. The following subtopics are presented here to 1) give you a general understanding of the Criminal Trial Process and 2) help in the decision of whether to hire a Pittsburgh defense attorney.
Arrest & Arraignment
You may not realize it, but your criminal trial actually started before the police decided to arrest you. It began with law enforcement observing or collecting evidence that will be used against you. After collecting what they believe to be sufficient evidence, the police arrest or in some cases charge by summons. Following arrest, you will be brought before a Judge or Magistrate who will 1) explain what you are being charged with, 2) set how much much bail you must post to get out of jail, and 3) set a date for your preliminary hearing. This process is known as the preliminary arraignment.
Prior to, during, and following arrest, the police will ask you questions. I will only say this once, DON’T SPEAK TO THE POLICE. Any Pittsburgh criminal lawyer worth his or her salt will tell you the same thing. There is no good reason (and many bad reasons) to speak with the police before speaking to a licensed PA criminal lawyer. When the police say, “Anything you say can and will be used against you in a court of law,” they are not kidding. Remember, the police are in the business of obtaining convictions, not acquittals.
Preliminary Hearings
The Preliminary Hearing can be the most important hearing in the Criminal Trial Process. It is the first time that the DA will be required to reveal witnesses and evidence against you. It is also the first time that defense lawyers will have an opportunity to test this evidence through cross examination. A top Pennsylvania criminal defense attorney will know how to use this opportunity to achieve the best results for your case.
It is important to note that, at the Preliminary Hearing, the evidence is somewhat limited by law. The DA is not required to prove the case beyond a reasonable doubt at this point. In fact, the DA only has to show that, more likely than not, 1) a crime has been committed and 2) you are the person who committed it. Sometimes the DA cannot meet even this low burden and the case will be dismissed. Often, because the standard of proof is so low, at least some of the charges will be “Held for Trial” at the Court of Common Pleas.
Regardless of how serious your case is, you should always have an experienced PA criminal attorney representing you at your Preliminary Hearing.
Formal Arraignment & Pretrial Dispositions
If your case is “Held for Trial” at the preliminary hearing, your next court appearance will be the Formal Arraignment (usually 6 – 8 weeks following the preliminary hearing). Formal Arraignment is the process by which the District Attorney’s Office formally initiates criminal charges at the Court of Common Pleas level. Formal Arraignment may or may not be held in front of a Judge in Pennsylvania Courts (there is often not a judge for the Allegheny County Courts). The permanent judge for your case will be assigned at this time and a Pretrial Conference will be scheduled.
Between Formal Arraignment and the Pretrial Conference, an experienced Pittsburgh criminal attorney may file several pretrial motions. Most importantly, you are entitled to what is called “Discovery.” Requesting discovery requires the DA to provide you with almost all the information that will be used to prosecute you so that your attorney can properly prepare for trial. Once your lawyer has the discovery, he may file what is called an Omnibus Pretrial Motion containing many specific requests for relief, including suppression of evidence. Under the Pennsylvania Rules of Criminal Procedure, this motion must be filed within 30 days of Formal Arraignment.
Your Pretrial Conference will usually occur within 4 – 5 weeks following Formal Arraignment. Again, depending on the jurisdiction, a judge may or may not be present. As an experienced Allegheny County Criminal Lawyer, I know that most of the judges in the Allegheny County Courts do not preside over Pretrial Conferences. Often, the Pretrial Conference is the first time that your Pittsburgh defense lawyer will have the opportunity to seriously discuss a resolution to your case with the DA. If a resolution can be reached such as a plea bargain, your case will be scheduled for plea court. On the other hand, if it appears that an impasse cannot be bridged, your case will be scheduled for trial. Depending on the court, your pretrial motions will be ruled upon before or on the day of trial.
Pleas & Negotiated Settlements
Ask an Allegheny County criminal attorney, Pittsburgh defense lawyer, or any top Pennsylvania criminal defense attorney, and they will tell you that most criminal cases end in some sort of alternative disposition to trial. Why? There are a number of reasons. Some people cannot and do not want to handle the stress of trial. Some folks admit that they committed at least some of the crimes charged and therefore want defense lawyers to just help them avoid jail time. Still others will enter an alternative disposition program like ARD or PWV which will eliminate any criminal record upon completion of classes and probation.
Sometimes people end up pleading to a case that they otherwise wanted to fight because their attorney was afraid to go to trial. This is unfortunate. As a criminal defendant, there are always three decisions that should be left up to you: 1) Whether to plead Guilty or Not Guilty, 2) Whether to testify or not testify, and 3) Whether to have a jury trial or a bench trial. While you should consider your lawyers advice in making these decisions, you are the person who will have to live with the consequences of making them, not your attorney. I cannot speak for any other Pittsburgh criminal lawyer, but I will never force a client to plead guilty when they want a trial. Trial is what you are paying for and if you want it, you will get it!
Bench Trials
Under both the United States Constitution and the Pennsylvania Constitution, you have the absolute right to a jury trial … most of the time. There are circumstances under which you might be charged with a crime and are not entitled to a jury trial (first time DUI in Pennsylvania or Pittsburgh, Possession of Marijuana, summary offenses, etc.). The law only requires that you be afforded a jury trial where the maximum punishment for the crime charged is more than 6 months. Therefore, if the maximum sentence you are facing is 6 months or less, you have no right to a jury trial.
Of course, there are situations where and experienced Pittsburgh Criminal Lawyer may advise for a bench trial. This can be for any number of reasons including:
- There may be a legal defense to the crime that a jury may not understand as well as the judge.
- There may be facts that they judge has learned in pretrial hearings that will help you win your case.
- You may be willing to plead to lesser charges but the DA won’t budge. Having a bench trial allows the judge to force the result where the DA won’t budge.
Jury Trials
At this point, your attorney has litigated all of your pretrial motions, it has become clear that the case is not going to settle, and the only thing left to do is pick the jury. In Pittsburgh, and everywhere else in Pennsylvania, you will select 14 jurors (12 regular and 2 alternates) to decide whether the DA can prove the case beyond a reasonable doubt. Depending on the severity of the crime charged, you will have the right to exclude 5 – 7 people from the jury without giving any reason (called Preemptory Challenges). Otherwise, you will need a good reason to exclude a citizen from the jury (called Challenges for Cause).
Following selection of the jury, trial will commence with opening instructions from the Judge. The DA will then give an opening statement and an experienced Pittsburgh criminal attorney will often elect to do the same. Following opening statements, the DA will present witnesses and evidence seeking to establish proof of guilt beyond a reasonable doubt. The best criminal attorneys in Pittsburgh will have enough trial experience to know how to effectively cross examine these witnesses (and remember, sometimes the best cross examination is no cross examination at all).
Once the DA has presented all of his/her evidence, it will then be open for your attorney to present any witnesses or evidence that may be helpful to your case. In some cases, a top Pennsylvania criminal defense attorney will not present any evidence at all (I have done this) and argue solely that the DA has not presented enough evidence for a conviction. In either event, upon the close of your defense, if the DA has no rebuttal, your attorney will then make a closing argument to the jury. This is essentially the most important argument of your case. Your attorney will not only have to argue his points, but will have to guess at the DA’s points ahead of time. The DA will close last, and the Defense is almost never afforded an opportunity to respond. So make sure you hire a Pittsburgh criminal lawyer that will get it right the first time!
After closing arguments the jury will be instructed on the law by the judge and sent to deliberate. During deliberation there may be questions that the jury asks of the court. If this happens, your attorney and the DA will both be consulted by the judge as to how to answer the question, if at all. The jury’s verdict must be unanimous one way or the other as to any or all charges. Anything in the middle will result in a hung jury after which the judge will enter a mistrial. If that happens, the DA will have the opportunity to try the case again until a verdict is reached. Once the verdict is reached, the trial is over.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
|
