Understanding Your Rights In Criminal Defense

Types of criminal cases we handle:

  • DUI
  • Motor Vehicle Offenses
  • Simple Assault
  • Aggravated Assault
  • Possession/distribution of illegal narcotics
  • Theft/Burglary
  • Homicide
  • Capital Punishment/Death Penalty matters

Our attorneys have represented clients in criminal cases in all areas of criminal law and appeared before numerous Magisterial District Courts, Courts of Common Pleas, the Pennsylvania Superior Court and the Pennsylvania Supreme Court. We also have experience in the Federal Court System.

Attorneys Samuel J. Davis and Jeremy J. Davis are Capital Case qualified and have handled Death Penalty Cases.

It's normal to be upset if you have been charged with a crime. During those fearful and uncertain times, you need to talk to an attorney immediately about the charges and your rights.

You may believe your questions are too basic. Every question you have is important and our job is to answer them as best we can.

  • You have a right to enter a plea of not guilty. There is no requirement that you agree with the Commonwealth of Pennsylvania or the Federal Government that the charges against you are true or correct.
  • You have a right to a trial to be held before a judge or before a judge and a jury. Before a trial, you have a right to a preliminary hearing and pretrial hearing before a judge. Your attorney can also negotiate with the prosecutors regarding the outcome of your case.
  • You have a right to an attorney throughout all proceedings leading up to the trial. If you cannot afford an attorney, one can be appointed free of charge. Of course, a private attorney will be in a position to spend more time with you but will, of course, charge you a fair fee.
  • You are presumed innocent. Just because you are charged with a crime does not mean that the jury will believe that you have committed the crime. They are going to be told by the judge that the charge is nothing more than an allegation and that you, as the accused, are presumed innocent of the crime and remain innocent until and unless the government can prove you guilty of each and every element of the crime beyond a reasonable doubt.
  • You have a right to confront every witness called against you and to have your lawyer ask those witnesses questions.
  • You have a right to have your lawyer gather and present evidence in your own defense and to have witnesses subpoenaed or compelled to come into court and testify.
  • You have a right to remain silent. You can not be required to testify against yourself and if you do remain silent, you have a right to have your lawyer direct the jury that your silence cannot be used against you.

The most important thing to remember is, that if you are charged with a crime, the first person you should talk to is not the police but an attorney so he can advise you about what you should or should not do. If the police are not charging you with a crime and you talk to them, anything you say can and will be used against you, so it's better to call an attorney first.

If you have been charged with a crime, call or email our office and schedule a time to meet with one of our attorneys.