What to Expect from the Criminal Trial Process in Pennsylvania
Are you facing a criminal trial in Pennsylvania? It can be nerve-wracking when you don’t know how the process works. Plus, taking control of your situation can seem impossible when you are scared and worried about facing the criminal trial process. However, you can plan and take action more confidently when you know the court procedures and what to expect during your criminal trial. After all, knowledge is power.
This is why you should hire a criminal defense attorney from Marinaro Law. You won’t have to rely on what you might remember – you will have access to a team of legal knowledge and wide expertise. For example, our attorney, Michael Marinaro, worked as a forensic chemist for nearly a decade and can provide unique insights into the case you are facing. This kind of expertise and knowledge can make facing the criminal trial process far more manageable.
The Pre-Trial Court Process
Before court procedures begin, many legal steps occur and can be even more important to your outcome than the trial itself. After arrest and being placed in a holding cell, you will have to follow the standard court procedure, which ensures you have every opportunity to understand your situation and the charges against you:
- Preliminary Arraignment: You will be presented before a magisterial district judge. This judge provides a copy of the criminal complaint, sets bail (Depending on the offense and your criminal record), and advises you on your right to counsel.
- Preliminary Hearing: A district attorney will attempt to prove that a criminal offense was committed and that you were the one who committed the offense for the proceedings to continue.
- Formal Arraignment: You are formally charged by the Commonwealth of Pennsylvania at this stage in the criminal process. This is when you enter your guilty, not guilty, or no contest plea.
- Discovery: During this step, you are entitled to discovery – all of the evidence planned for use in your case. Evidence may be challenged, dismissed, or invalidated by the time discovery ends.
- Pre-Trial Conference (Call of the List): The trial judge is advised of the case by both parties, and the judge will then set a date for jury selection and pre-trial motions. If a plea bargain has been reached, this is the first opportunity for resolving the case.
Even before the trial occurs, there are many steps and individual opportunities to strengthen your case and find holes in the prosecution’s reasoning. The importance of having legal counsel at your side as early as possible cannot be stressed enough. Everything in the criminal trial process itself is founded on these steps.
The Pennsylvania Criminal Trial Process
After establishing trial details, you will proceed through the criminal trial process. This process may be lengthy, depending on the nature of the offenses in question and the backlog of trials in the area.
- Choosing Trial by Jury or Trial by Judge: If a jury is chosen, the jury selection process is undertaken to select a pool of unbiased jurors.
- Opening Statements: The prosecution and defense present their sides of the case and state what they expect from the evidence presented.
- Prosecution: The Commonwealth of Pennsylvania establishes the evidence for the charges found in discovery. If witnesses are brought to stand, your defense may cross-examine.
- Defense: After the prosecution lays out their argument, your defense attorney will present evidence on your behalf and call witnesses – who the prosecution may also cross-examine.
- Closing Arguments: Both sides argue their cases, using the facts and laws to press the validity of their case. Your attorney needs to establish reasonable doubt for the judge or jury for an acquittal of the charges.
- Jury Instructions: The judge explains the law to jurors, who will take an oath to follow and uphold the law.
- Deliberations: The jury then deliberates, discussing the case and their understanding as presented by the defense and prosecution. All 12 jurors must agree on the same guilty or not guilty verdict.
After Your Trial
Once the verdict is read, the legal process includes a few more steps, depending on your case results. If not guilty, you will likely be released – though you may be kept in jail if other charges are pending trial.
If you are found guilty, there are two possibilities:
- Sentencing: The standard next step is sentencing. The judge will determine and issue your sentencing and penalties.
- Appeal: If the prosecution or defense disagrees with the verdict on any count, they may go to the Court of Appeals to possibly send the case to a higher court. Rarely does this make it to the Supreme Court.
- Pardon/Expungement: Depending on the nature of the offense, it may be possible to seek expungement – removal from your public criminal record after a pre-determined number of years.
Protect Yourself With the Criminal Attorneys at Marinaro Law
Being accused of a crime is stressful enough, but navigating the criminal trial process and court procedures can be confusing on top of an already difficult time. Choosing experienced and knowledgeable legal counsel is essential to proceeding through your trial successfully.
Picking Marinaro Law Firm is choosing more than 30 years of experience, criminal law expertise, and rigorous defense that will be at your side every step of the way. You need a team that will dig into your case and understand the details. Marinaro Law Firm is that team for you.
Don’t settle for anything less than the knowledgeable and confident counsel you need – contact Marinaro Law Firm today.
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