Q: Can I get my case dismissed if I was not read “my rights?”
A: A police officer is supposed to give “Miranda warnings” (right to remain silent, etc.) after an arrest. However, the only consequence of a Miranda violation is that the prosecution may not use any statements given after the arrest as proof of guilt. While a case will not automatically get dismissed for a Miranda violation, such an occurrence can significantly weaken a case against someone accused of a crime.
Q: What are my rights if I have been accused of a crime?
A: Those accused of crimes in Pennsylvania have a number of rights guaranteed by both the United States and Pennsylvania Constitutions including, for example, the right against unreasonable searches and seizures, the right against self-incrimination, the right to due process, and a number of other privileges. A criminal defendant is also presumed innocent until proven guilty, which means the prosecution has the burden of proving guilt beyond a reasonable doubt. An experienced criminal defense attorney can discuss all of these rights with someone accused of a crime.
Q: Why should I hire a criminal defense attorney?
A: An experienced criminal defense attorney is often the best asset for someone accused of a crime. Such an attorney knows the law and court procedures, and will utilize this knowledge to vigorously defend your interests and protect your legal rights throughout the criminal justice system.