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W. Jeffrey Leonard, Esq., P.C.

 

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When you hire us you are telling the police and prosecution that you mean business. We will ensure that they take you seriously. We never pressure our clients into accepting a plea offer. We will fully explain the strengths and weaknesses of your case and help you understand the process. If you want a trial, you will get a trial, and we will aggressively fight for you. We care passionately about the constitutional rights afforded to every citizen. We know police often, by mistake or otherwise, violate constitutional protections, such as, the right to be free of unreasonable searches, seizures, and arrests. We believe deeply in your right to privacy and have the experience to capitalize on any police or prosecution mistakes or oversteps. Hire a trusted, local, and highly recommended firm for your case. If you are arrested or receive a criminal summons do not talk to the police! Politely refuse and call us as soon as possible. Preliminary Arraignment – if an arrest has been made or an arrest warrant issued the accused must appear before a Magistrate for a preliminary arraignment. The defendant will be advised of his/her rights, receive a copy of the criminal complaint the police filed, and the defendant’s release conditions will be issued. An attorney at this stage can help influence the release conditions, such as lowering the amount of money that will be required to post bond. Preliminary Hearing – at a preliminary hearing before a Magistrate the District Attorney is required to present evidence to show that it is more likely than not that the defendant committed the crime accused of. The burden here is not the famous beyond a reasonable doubt standard, and is therefore an easier standard to meet. At the preliminary hearing you will be asked to plead guilty or not guilty to the DUI charges brought against you. If you are still in custody you must be arraigned within 48-72 hours of being taken into custody. If you posted bail your arraignment can occur at a later date. If there is enough evidence the Magistrate will move the defendant’s case to the Court of Common Pleas. This is also an important time for the defense counsel. It is an opportunity to cross-examine the Commonwealth’s witnesses, inspect other evidence, and begin providing a narrative to the DA about the human side to the defendant. Formal Arraignment – at this stage the defendant is given a copy of the criminal information and given notice of certain rights and time deadlines to file certain pre-trial motions. The formal arraignment takes place after the preliminary hearing and is only taken to this stage if the Magistrate Judge presiding over the preliminary hearing deems that there is enough evidence against you to take your case to the Court of Common Pleas. Pretrial Conference – the defendant will appear with his/her attorney and meet with the district attorney before the Judge assigned to the case. This time is used for the parties to get together and update the Judge on that status of the case, i.e. is this case proceeding to trial, will there be a plea deal, does any party still need discovery, etc. Plea Disposition or Trial – to plea or not to plea… at our firm we will never push you into a plea deal if that’s not what you want. If you want a trial we will take your case to trial. Sometimes a plea offer may be in your best interest. We will make sure we lay out the upside and downside to accepting such an agreement and provide our professional opinion so that you have all the information you need to make an informed decision. Sentencing – Judges wield a certain level of discretion when it comes to determining a sentence. They also will look to the Pennsylvania Commission on Sentencing to check the guidelines for your particular charges and prior record. Having an experienced lawyer may also help improve your chances of receiving penalties alternative to jail, such as home electronic monitoring, work release, etc.

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