In Pennsylvania, the prosecution must follow a specific set of guidelines before ordering the arrest of an individual accused of a crime. For instance, he or she must work together with detectives to establish probable cause and acquire evidence to support this claim. Once he or she meets these requirements, they can approach a judge to acquire an arrest warrant. If you were arrested and accused of a crime, you should contact a Criminal Lawyer in Delaware County to represent you.
The Arrest Process
In order to secure an arrest, detectives or the district attorney must present evidence to a judge. In most cases, the evidence is circumstantial. When this is the case, a defense attorney can file a motion to dismiss the charges if the evidence does not limit the accused directly to the crime. Evidence that could link him or her directly includes DNA evidence, fingerprints, or eye witness accounts.
Initiating reasonable doubt is the most common option to dismiss criminal charges. The prosecution is required to present evidence that allows a jury to convict without a shadow of a doubt. With reasonable doubt, a defense attorney presents evidence that shows a clear alternative to the assumptions made by the prosecution.
When a case is based clearly on circumstantial evidence that cannot provide direct links, an alibi is an effective option to prevent a conviction. If the defendant has a witness who can testify that he or she wasn’t in the location in which the crime was committed, the defense can move to dismiss. However, in cases such as murder trials, the defense will need more than simply witness testimony. This is where credit card transactions with time and location stamps are effective.
Anyone in Pennsylvania who is arrested for a criminal charge has the right to an attorney and a trial to allow them to present a legal defense. A defense attorney can construct a case based on a multitude of legal defenses to discredit the prosecution’s claim. If you are accused of a criminal charge, you should hire a Criminal Lawyer in Delaware County as soon as possible to begin your legal defense. For details visit our website legalphilly.com