Criminal Law Overview
Whether you have already been arrested, suspect you might be charged with a crime, or have reached the end of your case and wish to expunge your record, our attorneys can help you.
Our criminal defense team is lead by senior partner Robert C. Keller. Prior to becoming a private defense attorney, Mr. Keller served as an Assistant District Attorney/Prosecutor for nine (9) years, where he prosecuted cases involving all criminal charges. During the last 30 years he has tried thousands of criminal cases in both the Federal and State Court System, in all of the surrounding counties. He has achieved numerous ‘not guilty’ verdicts for his clients. He represents defendants accused of all charges, ranging from simple traffic offenses to high profile drug and homicide cases. He is assisted by Daniel M. Frank who also served with the District Attorney’s Office before joining the firm as an associate in 2009.
No matter the severity of your case, our attorneys have substantial knowledge of the criminal process and we are familiar with judges and prosecutors who will likely be assigned to your case. Over the years, our attorneys have handled numerous high profile criminal defense cases. Our success in these matters has earned us a reputation that is recognized and respected by attorneys and judges in our area.
Our office also handles Federal charges as well as appeals to Superior Court and PCRA petitions, which are usually based on claims of “ineffective assistance of counsel.”/
It is important to know whether you are facing state or federal charges. Federal criminal charges typically put you up against a larger and more experienced prosecution team and carry severe mandatory prison sentences.
If you have been contacted by a police officer, detective or FBI agent to provide a statement or other assistance in the investigation of a crime, you should not do so without legal counsel as anything you say could be used against you in a further proceeding. If the Commonwealth has offered you leniency (a deal), you should have legal counsel to solidify the offer. A self-incriminating statement could lead to an indictment or arrest.
An inexperienced attorney could make matters even worse for you. Our office often handles appeals for defendants who have been convicted because their counsel made a legal error or was simply inexperienced or unfamiliar with the trial process or the law itself. From minor traffic citations to felonies punishable by life sentences, your selection of the right attorney from the start may affect the rest of your life.
Our office offers a FREE, no obligation, legal consultation at which time we will advise you of your rights and available options. We offer affordable payment arrangements and accept most major credit cards. We have offices located in Havertown, Media, Philadelphia and Bucks County. For your convenience, we can be reached twenty-four (24) hours a day. If you or someone you care about is in need of an experienced criminal trial attorney, contact our office today.
The Criminal Law Process
The following is a brief description of the criminal process in the Commonwealth of Pennsylvania:
ARREST / SUMMONS
All cases brought by the Commonwealth of Pennsylvania begin with an arrest or a summons to appear in Court. A summons is often used in DUI cases where charges are not brought against you immediately.
Preliminary Arraignment
The preliminary arraignment takes place before a magisterial district justice. At this time, you are informed of the charges pending against you. Cash Bail or Unsecured Bail is usually set at this time.
Magisterial District Justice
A magisterial district justice is the judge of the district court. These courts have limited jurisdiction and are restricted to handling minor offenses, small claims and preliminary hearings. They also set bail.
Cash Bail
Cash Bail is a monetary amount set by the district judge for the purpose of ensuring that the accused appear at subsequent proceedings and remain within the jurisdiction of the court. If the bail is paid, the defendant may be released from incarceration. If the defendant is released on bail and fails to appear in court at the next listing, the bail may be forfeited and the defendant may be incarcerated until the conclusion of his/her trial.
The 8th Amendment of the U.S. Const. provides that excessive bail shall not be required. Often, the Judge relies on the opinion of bail interviewer in setting bail.
Unsecured Bail Bond
An unsecured bail bond is not secured by any deposit of money or lien on property.
Unsecured bail is a bail bond for which the defendant must pay if he/she fails to appear in court when so ordered or upon breach of a material condition of his/her release, (i.e. violation of a stay away order).
PRELIMINARY HEARING
The preliminary hearing is the first stage of the criminal court process that allows you, the accused, an opportunity to confront the evidence against you. At a preliminary hearing, the Commonwealth must establish a prima facie case of guilt against you.
At this level, it is important to develop and implement a strategy that will last throughout the duration of your proceedings. At this hearing, your attorney will have the opportunity to cross-examine witnesses (including officers and detectives) who testify against you. If the proper evidence is not introduced, an experienced attorney can have some or all of the charges dismissed.
Many defendants fail to understand the importance of having a knowledgeable and experienced attorney represent them at this hearing, although this hearing often establishes your fate in the criminal system.
From a strategic point of view, your attorney can lock witnesses into their testimonies before they are prepared by the prosecutor who may ultimately try your case. A good strategy at the preliminary hearing may allow you to develop a motion to suppress the evidence, which can be presented to the judge at the trial level before the trial even begins. In other situations, it may be necessary for you to waive your preliminary hearing in order to get a better sentence or plea offer if the case is moved to the Court of Common Pleas, (i.e. trial court level). It is in your best interest to have skilled counsel at this hearing.
Disclaimer
The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of attorney client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.
