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Criminal Defense in York County, PA

Arrested? We Can Help.

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The Bare Law Firm LLC provides a free office visit for criminal cases. Cases accepted include criminal trials, drunk driving- DUI, thefts, assaults, summary offenses, misdemeanors, felonies, juvenile offenses, and traffic charges.

WE WILL HELP YOU!

We will inform you and answer all your questions and make sure you understand the criminal proceedings.
We will present any evidence which supports a reduction of charges or a finding of not guilty.
We will challenge evidence submitted against you.
We will negotiate reduced jail time, fines, house arrest, work release, and penalties.
We will defend, protect, and inform you throughout the proceedings.

Criminal Law Case FAQs

A criminal record could cause problems in an employment opportunity, even if you have been only charged once for a crime. Sometimes even the least serious crimes may prevent you from obtaining certain types of employment or could cause you to lose your job. Also, a charge can be used against you if you are charged for a crime again in the future.

A crime is an action which is against the law or ignoring an action which is required by law. Committing a crime can subject you to penalties such as fines, imprisonment or both. The more serious the crime, the more severe the penalty. Crimes are divided into three major groups: summary offenses, misdemeanors and felonies.

Summary offenses include most traffic violations, disorderly conduct and first-offense shoplifting. Summary charges are brought against a person through a citation from a police officer (as in the case of most traffic violations) or by a summons from a district justice to appear and answer to charges.

If the person charged wants a hearing, it is held by the district justice. If that person is found guilty and a fine or prison sentence is imposed, he/she can appeal the decision to the Court of Common Pleas in the county where the charge was filed. The appeal must be made promptly or the opportunity to appeal will be lost.

Another possibility for the handling of summary offenses recently has been put into effect. This procedure is known as Accelerated Rehabilitative Disposition, or "ARD". Prior to a hearing in a summary offense matter, you should discuss the possibility of ARD with your lawyer.

Misdemeanors and felonies are more serious types of crimes. Misdemeanors include driving under the influence of alcohol or drugs, assault and some types of theft. Charges such as robbery, burglary, rape and murder are examples of felonies.

In case of misdemeanor and felony charges, there will be a preliminary hearing before a district justice. This is not a trial. The district justice does not determine guilt or innocence in cases of misdemeanors or felonies, but determines only if the Commonwealth is able to prove a charge that should be tried in court. If so, the trial is then held in the Common Pleas Court of the county where the charges are filed.

DRUNK DRIVING OR DUI?

Driving a motor vehicle under the influence of alcohol or controlled substance that causes you to operate your vehicle unsafely or above the legal level may have a substantial impact on your life.

Serious consequences may occur as a result of a conviction including:

Many factors control the penalties you may suffer including:

Important defense considerations include:

Whether the evidence is adequate?
Facts and circumstances surrounding the arrest
Improper test procedures
Why you were stopped?
Witness statements
Victims and police officer's positions

WHAT IF I AM STOPPED BY A POLICE OFFICER?

Police may ask you to identify yourself or question you briefly without arresting you. They may also issue a citation to you for a summary offense. If an officer takes you into custody or otherwise deprives you of your freedom, informs you of your rights or that you are under arrest and indicates that you are being held for a crime,
you have been arrested.

It is a crime to resist arrest by the police. The officer may use reasonable force if necessary to make the arrest. You should not resist an officer arresting you or interfere in the arrest of another person. If you think that you rights are being violated, remember exactly what is being done and tell your lawyer about it as soon as possible.

WHEN CAN THE POLICE CONDUCT A SEARCH?

Not all police searches require a search warrant. If you consent or allow police to search you or your property, they do not need a warrant and any evidence found may be used against you.

If you are arrested, the police do not need a warrant or your consent to search. Prior to an arrest, police may conduct a "pat-down" to determine if a person is carrying a weapon. A warrant or consent is not necessary for this search. Also, after an arrest, police are allowed to "frisk" a person to determine whether he/she is carrying weapons or other illegal items. Police are also permitted to search the immediate area.

A warrant or consent also is not needed in what are called "exigent" circumstances. Exigent circumstances arise when police officers are faced with what reasonably appears to be an emergency demanding an immediate search. This may happen when valuable evidence would otherwise be lost or damaged or when a suspected criminal is likely to escape before a warrant can be obtained. In any of these situates you should not obstruct or resist a search.

There are other instances in which the police are not legally required to obtain a warrant or your consent prior to a "search and seizure." If you feel that the police have improperly searched you or your property, you should discuss the matter with a lawyer.

WHAT IF I AM CHARGED WITH A CRIME?

When you are charged with a crime, especially a misdemeanor or felony, you have certain rights. The two most important rights you have are the right to remain silent and the right to have a lawyer present at all stages of the process. You should be aware of these rights and remember them. They apply not only after you have been charged with a crime, but even if you believe you are suspected of having committed a crime.

The most important things to remember when you have been charged or think you will charged of a crime are:

Be aware of your rights.
Be courteous and respectful to the police and the court. They will understand if you choose not to discuss your case since it is your right.
Make arrangements for bail as soon as you can. You may use the services of a bondsman or you may post bail with your own money or real estate, or that of a friend, when you have complied with all appearances and the trial is completed, your money will be returned and the real estate will no longer be subject
to your appearance in court.
Do not give up the right to a preliminary hearing unless your lawyer advises that you do so.
Listen to your lawyer. If you are told not to discuss your case with anyone, follow the advice.
If you are arrested for driving under the influence of alcohol or drugs, you may be asked to take a breath test, blood test or urine test. You have the right to refuse such tests, but if you do you will lose your driver's license for one year. The police officer should tell you that you do not have a right to have a lawyer present or to discuss the request for a test with a lawyer prior to the time that you must answer the request.

WHY SHOULD I BE CONCERNED BY CRIMINAL CHARGES?

A criminal record could cause problems in an employment opportunity, even if you have only been charged once for a crime. Sometimes even the least serious crimes may prevent you from obtaining certain types of employment or could cause you to lose your job.

Also, a charge can be used against you if you are charged for a crime again in the future. For example, an earlier charge may be used in a pre-sentence report and may result in a more severe sentence for the current crime. In addition, in such cases as shoplifting, the first conviction is recorded and should you be charged for the same crime again, you will no longer face a summary charge but will be charged with a misdemeanor, which carries a more severe penalty.

For these reasons, you should realize that a criminal charge is serious not only because of the punishment which you may receive now, but also because of the affect it may have upon your future. Because a criminal charge is so serious, it is important that any criminal charge be handled properly.

WHAT IS THE CRIMINAL JUSTICE PROCEDURE?

Crime Occurs
Victim or Witness report crime to Police
Police Investigation - Victim or Witness Interviewed
Victim may contact Victim/Witness Department
Suspect Not Arrested or Released -or- Criminal Complaint Filed and Suspect Arrested or Notified by Mail
Suspect Charges as a Defendant. Arraignment by District Justice. Bail set and date set for Preliminary Hearing -or- If Suspect is under 18 years old then Juvenile Court
Preliminary Hearing Held:
Case Dismissed
-or- Case Bound over to Court:
Arraignment -Trial Date Set
Pre-Trial Conference
Plea Agreement -or- Trial in Court
Not Guilty: Defendant Released
-or- Guilty: Sentencing By Court

Pre-Sentence Report
Sentencing
Post-Sentence Motions
Appeals to Higher Courts

WHAT ARE MY LEGAL RIGHTS?

RIGHT TO AN ATTORNEY:

You have the right to an attorney during court proceedings. If you qualify with low income you may be entitled to a public defender or court appointed attorney.

RIGHT TO REMAIN SILENT:

You have the right not to self incriminate yourself and not to be forced to confess to a crime without notice of your constitutional rights.

RIGHT TO CONFRONT WITNESSES:

You have the right to question any witnesses face to face.

RIGHT TO A JURY TRIAL:

You have a right to a speedy and public trial for most crimes. During the trial you have the right to a jury of your peers. The jury must be unanimous. You are presumed innocent and must be found guilty beyond a reasonable doubt.

YOU HAVE THE RIGHT OF NOTICE:

You have the right to be notified of the reason you are being detained. You must be given a written copy of all charges. You have the right to bail in most cases.

RIGHT TO PRODUCE EVIDENCE:

You have the right to offer testimony and evidence to establish doubt.

WHAT ARE SOME TYPES OF CRIMINAL CASES?

Summary offenses include, harassment, disorderly conduct, some retail thefts, and most traffic violations. Summary charges are brought against a person through a citation from a police officer or by a summons from a district justice to appear and answer to charges.

Misdemeanors and felonies are more serious types of crimes. Misdemeanors include driving under the influence of alcohol or drugs, assault, and some types of theft. Charges such as robbery, burglary, forgery, drug use, and murder are examples of felonies.

WHAT ARE COURT PROCEEDINGS?

In cases of misdemeanor and felony charges, there will be a preliminary hearing before a district justice. This is not a trial. The district justice does not determine guilt or innocence in cases of misdemeanors or felonies, but determines only if the Commonwealth is able to prove a charge that should be tried in court. If so, the trial is then held in the Common Pleas Court in the county where the charges are filed.

WHY SHOULD I BE CONCERNED WITH CRIMINAL CHARGES?

A criminal record could cause problems in an employment opportunity. Sometimes even the least serious crimes may prevent you from obtaining certain types of employment or could cause you to lose your job. A criminal charge can be used against you. For example, an earlier charge may be used in a pre-sentence report and may result in a more severe sentence for any future crime. Criminal charges are very serious, so it is important that you are adequately represented by an attorney throughout the entire process.