Legal Process
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To someone who has never been arrested before, court process can seem overwhelming. At Amori & Associates, LLC, we help our clients understand and navigate the legal process by explaining the charges against them and informing them about what they can expect at each stage of the process.
The basic elements of the court process present in virtually every Pennsylvania criminal proceeding are as follows:
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This is only a brief introduction to the legal process. We will be up front and honest about the strengths and weaknesses of your case and give you a realistic perspective on the possible outcomes. We then fight aggressively to help you achieve the best possible outcome. Contact Amori and Associates, LLC today at
(570) 421-1406 for a no obligation consultation.
The basic elements of the court process present in virtually every Pennsylvania criminal proceeding are as follows:
- Preliminary Arraignment. The arraignment is the first formal court appearance and is where you will be advised of the charges and the potential penalties associated with the charges. During this proceeding, you will be asked to enter an initial plea, which should always be “not guilty,” and the initial amount of bail will be set. You should seek consult with an attorney at this stage to start preparing your criminal defense.
- Discovery. Your attorney will file a motion seeking a judge to enter a court order requiring the government to provide your attorney with copies of any and all police reports, statements from any alleged victims and witnesses, and any physical evidence that the government intends to use against you. In the event that the government fails or refuses to provide such evidence, Amori & Associates will file a motion to compel the government to produce certain items to which you are entitled.
- Preliminary Hearing. The preliminary hearing is the stage at which your attorney can require the government to provide a preview of the evidence that they intend to use against you. The magisterial district judge must decide if there is sufficient evidence against you to proceed to trial. During this hearing your attorney may seek to cross examine the government’s witnesses in order to determine any initial weakness in the government’s case.
- Negotiating a Plea (Plea Bargaining). Sometimes, the best outcome is a plea bargain. Plea bargaining involves pleading guilty to a charge in exchange for the prosecutor dropping a more serious charge. When a trial is the best option, Amori & Associates is ready to fight. But sometimes, the most realistic thing to do is plea bargain.
- Pre-Trial Motions. When a case does not plead out, the process moves to trial. Before the trial happens pre-trial motions to the court to attempt to exclude evidence.
- The Trial. The trial is the stage in the process everyone knows about. It is important to choose an attorney who has experience selecting jury members and trying cases, so he or she can make the right tactical moves before the trial. At trial, that experience is even more important. Your attorney must understand how to present your case and persuade a jury.
- Sentencing. Sometimes, despite an attorney’s best efforts, charges can result in convictions. Your attorney’s job is not done, however. Your attorney can aggressively argue for a sentence that is substantially lower than that for which the prosecution is asking. This can include a shorter jail term, a shorter probation, loss of fewer privileges such as driving, and a smaller fine.
- Appeals. Even after trial and sentencing, your attorney’s job may not be done. If you lose at trial, you have the right to appeal. When appeals are successful, however, you may be entitled to a new trial or you may be set free.
- Expungement. Finally, if you are found not guilty, you should get your arrest records expunged. Expungement erases your criminal arrest as if it never happened, so if you are asked on a job application if you have ever been arrested, you can answer, “no.” Contact Amori & Associates for more information about expungements.
Contact Us
This is only a brief introduction to the legal process. We will be up front and honest about the strengths and weaknesses of your case and give you a realistic perspective on the possible outcomes. We then fight aggressively to help you achieve the best possible outcome. Contact Amori and Associates, LLC today at
(570) 421-1406 for a no obligation consultation.
513 Sarah Street, Stroudsburg, PA 18360
(570) 421-1406
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(570) 421-1407 - Fax
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