Criminal FAQ

FAQs

All Criminal FAQ:

How does a preliminary hearing protect me from an unlawful arrest and detention?
A: The Commonwealth must show that your arrest meets the minimum requirements established by law. At this preliminary hearing, the Commonwealth must make at least a prima facie case – that…
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How do I choose the right lawyer for my criminal case?
A: Many people who face criminal allegations have never been in trouble before. For this reason, they have not needed a criminal defense lawyer until now and do not know how to choose…
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How do I decide whether the lawyer is right for me?
A: In addition to making sure that your lawyer is knowledgeable about the issues likely to appear in your case, you will want to assess whether you can work with him…
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How long will it take to resolve my case?
A: It depends upon the unique nature of your case. Some cases are resolved at the preliminary hearing. Others are resolved after pre-trial motions. Others are resolved either before or after…
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I hear that many people waive their preliminary hearing. Should I waive my preliminary hearing?
A: It depends. A preliminary hearing is important because it helps you and your lawyer learn more about the circumstances surrounding the allegations. More information is always better than less information.…
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I received court papers that require me to appear for a preliminary hearing. Do I have to appear in person?
A: Yes. You must appear in Court on the date and time set for your preliminary hearing. If you fail to appear, a warrant for your arrest will be issued. This…
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What can my lawyer do to help me get prepared for my preliminary hearing?
A: Many things. Your lawyer can prepare for the preliminary hearing by spending time with you, learning about you, learning about what happened (or didn’t happen) that resulted in your charges,…
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What is a suppression hearing?
A: If your case is not dismissed (or resolved to your satisfaction) at the preliminary hearing, your lawyer might file pretrial motions, resulting in hearings. Some of these motions may argue…
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What is the ‘speedy trial rule’?
A: The speedy trial rule prevents someone from having allegations remain unresolved for an unreasonable period of time. Our understanding of fundamental fairness is violated when someone has criminal allegations “hanging…
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