Philadelphia Criminal Defense Lawyers

Defending Those Accused of Crimes in Philadelphia, Pa

If you’re facing criminal charges in Philadelphia, you need experienced legal representation immediately. Pagano Law’s Philadelphia criminal defense lawyers have over 40 years of combined experience defending clients in state and federal courts throughout Philadelphia, Montgomery, Bucks, Delaware, and Chester counties. Whether you’re charged with drug crimes, DUI, assault, gun offenses, or white collar crimes, our proven criminal defense attorneys fight tirelessly to protect your freedom, your future, and your rights. We’ve successfully defended thousands of clients, securing dismissals, acquittals, and reduced charges in Philadelphia’s toughest criminal cases.

Our Philadelphia criminal defense attorneys know how complex and difficult it can be for clients to navigate the legal system on their own. We believe in treating our clients with the respect they deserve and making sure that their rights are protected throughout the entire process. Regardless of the charges made against you, or which branch of government is leading the investigation, you’re in good hands with Pagano Law. Throughout our career, we have seen every type of criminal case; therefore, we are extremely skilled at reaching a positive settlement. 

We know how overwhelming criminal charges can be for our clients, which is why we want to make sure our clients are supported every step of the way. Get in touch with Pagano Law at (215)-636-0160, and let our team of professional Philadelphia criminal defense attorneys fight for your rights. With Pagano, you’re in good hands.

Philadelphia Criminal Defense Lawyers with 20+ Years of Combined Experience.

Criminal charges are a serious matter that requires serious defense attorneys who can help you recognize your rights. This is why it is so important to have an experienced criminal lawyer to help you obtain the best possible outcome for your case. Our Philadelphia criminal defense attorneys can help you handle any type of criminal matter, from misdemeanors to felonies; we know that it takes a lawyer willing to fight on your behalf. At Pagano Law, we are ready and able to fight for your rights every step of the way. 

Our Philadelphia criminal defense lawyers help our clients with a range of defense, such as: 

• Putting together a comprehensive defense strategy based on facts and hard evidence. 
• Negotiating with prosecutors and the court to get the best possible outcome for your case.
• Fighting for your rights in court.
• Help you understand the potential outcomes of your case, and exploring the legal options that are available to you in your specific situation.

Pagano Law has represented a wide range of clients, and with over 40 years of experience, we are ready and able to help provide our clients with the knowledge necessary to understand their rights and equip them with the information needed to help them fight for those rights. 

How Can a Philadelphia Criminal Defense Lawyer Help?

At Pagano Law, our Philadelphia criminal defense lawyers represent our clients who have been accused of a crime, which could range from a minor misdemeanor to felonies. We represent our clients in court, negotiate plea agreements, and provide our clients with the legal options they need to decide where to go from here. 

As your Philadelphia criminal defense attorney, we will painstakingly analyze your case, making sure we understand exactly the issue at hand and what we need to do to determine the best possible outcome. Our attorneys will negotiate with the prosecution and fight for our clients in court. Our sole purpose is to make sure that the individuals we represent receive a fair trial and that their rights are protected throughout the entire process. Our criminal defense attorneys know the complexities of the law and will help our clients understand the potential outcomes of the case.

Every criminal case is unique, and at Pagano Law, we tailor our defense strategies to fit the specific details of your situation. If you’re in Philadelphia and need a skilled defense attorney, contact us now for a free consultation—because your future is worth fighting for.

What Should I Look for When Choosing a Criminal Defense Attorney in Philadelphia?

When choosing a criminal defense attorney in Philadelphia, it is important to choose an attorney with experience with your type of case. Your attorney should know the nuances of the legal system, court proceedings, and how the prosecution works. Your Philadelphia criminal defense attorney should know how the legal system works in Philadelphia and help our clients navigate its complexities.

What Type of Criminal Defense Cases Do We Handle in Philadelphia?

At Pagano Law, we represent clients facing a full spectrum of criminal charges throughout Philadelphia and the surrounding counties. Our experienced legal team provides aggressive defense strategies tailored to each unique case.

Violent Crimes

Assault & Homicide – We defend clients charged with simple assault, aggravated assault, attempted murder, and all degrees of homicide, building comprehensive defense strategies that challenge the prosecution’s evidence.

Drug Offenses

Drug Crimes – From possession and distribution to manufacturing and trafficking charges, we protect your rights against state and federal drug allegations involving marijuana, cocaine, heroin, methamphetamine, and prescription medications.

DUI & Traffic Offenses

Driving Under the Influence (DUI) – Our attorneys challenge breathalyzer results, field sobriety tests, and traffic stops to fight DUI charges, including first-offense DUI, repeat offenses, and cases involving accidents or injuries.

Weapons Charges

Gun Cases – We handle illegal firearm possession, carrying without a license (VUFA), and weapons trafficking charges, defending your Second Amendment rights while navigating Pennsylvania’s complex gun laws.

Sex Crimes

Child Pornography – We provide confidential representation for those accused of possession, distribution, or production of child pornography, understanding the severe penalties and lifelong consequences these charges carry.

White Collar & Financial Crimes

White Collar Crimes – Our firm defends professionals facing fraud, embezzlement, identity theft, forgery, tax evasion, and other financial crimes that threaten your career and reputation.

Organized Crime & RICO

Organized Crime – We represent clients facing racketeering (RICO) charges, conspiracy allegations, and accusations of involvement in criminal enterprises.

Professional License Defense

Doctors & Healthcare Providers – We protect medical professionals, nurses, and healthcare workers facing criminal charges that could impact their licenses, including prescription fraud, Medicare fraud, and patient abuse allegations.

Law Enforcement Officers

Law Enforcement – We provide discreet representation for police officers, corrections officers, and other law enforcement personnel facing criminal accusations, understanding the unique pressures and consequences they face.

Constitutional Violations

Illegal Search and Seizure – We file motions to suppress evidence obtained through unconstitutional searches of your home, vehicle, or person, protecting your Fourth Amendment rights.

Lack of Probable Cause – When arrests are made without sufficient legal justification, we challenge the validity of the stop, detention, and charges against you.

Justification Defenses

Self-Defense – We build strong cases for clients who acted to protect themselves or others, presenting evidence that your use of force was legally justified under Pennsylvania’s Stand Your Ground and Castle Doctrine laws.

Bail & Pretrial Matters

Bail and Detention – We fight for your release at bail hearings, argue for reduced bail amounts, and work to modify restrictive conditions of release so you can prepare your defense from outside custody.

First-Time Offenders

First-Time Offenders – If you have no prior criminal record, we pursue diversion programs, ARD (Accelerated Rehabilitative Disposition), and alternative sentencing options that can keep your record clean and avoid jail time.

We also work with clients to resolve probation violations. Our Philadelphia criminal defense attorneys know how to defend our clients in the event of a probation violation. Those who are on probation in Philadelphia often have a number of different requirements that they must meet to remain in good standing. However, it is important to recognize that we are only human and make mistakes; therefore, consequences may be placed upon those on probation, such as:

• Failure to appear in court
• Missed check-ins with your probation officer
• Not paying fines or restitution
• Failing a drug test

The consequences of probation violations could range from fines, incarceration, or even an extension of your probation. This situation can take an even more drastic turn if a crime is committed while on probation, leaving the individual to deal with the new criminal charge and the current probation. If you find yourself in any of these situations, your Philadelphia criminal defense lawyers at Pagano Law can help you throughout the process and help you recognize your rights.

If you’re facing criminal charges in Philadelphia, don’t leave your future to chance. Pagano Law is here to protect your rights with an aggressive and strategic defense. Contact us today to schedule a free consultation and start building your case.

How Do Criminal Cases in Philadelphia Work?

Sight Arrest

Criminal cases can start with what is called a “sight arrest”, which is when law enforcement believes that probable cause exists to make an arrest.  Under such circumstances, police may be conducting surveillance for drug activity, or they may, by happenstance, while on patrol, observe activity that is believed to be illegal.  Under such circumstances, the police may make an arrest.  Typically, there is little or no time to hire an attorney until after arrest and after arraignment, and after bail is set.

Investigation

Criminal cases can also start with an investigation.  Under such circumstances, the crime was committed and there were no “sight arrests”.  Law enforcement will turn the case over to special agents or detectives who will investigate.  Investigations may take days, weeks, months and in some cases years.  Sometimes a grand jury will be used by law enforcement to investigate or to charge individuals.  In such cases you may or may not know that there is an ongoing investigation.  There is no right to know if there is or is not an investigation.  In some cases you may be served with a grand jury subpoena or a target letter.  

In any case, whether it is a “sight arrest” for a simple criminal act or serious criminal act, or whether it is a complex federal investigation, it is vital to your rights and your freedom to immediately seek the services of a qualified and experienced criminal attorney as soon as possible. Never speak to law enforcement without speaking to an attorney first.  

Time is almost always of the essence when you are under arrest or investigation.  Getting the right advice and representation, quickly, may make the difference between getting bail or not, or getting convicted or not.  

It is vitally important to hire an attorney immediately upon learning that you are the target of a criminal investigation. If you are unexpectedly arrested and do not have the opportunity to meet with an attorney before being arrested, it is vital that your loved ones contact an attorney immediately after being arrested. 

In state court cases you will have at most about 15-20 hours before you are arraigned and the commissioner sets bail. Commissioners are not judges and typically they are not attorneys. If you are able to hire an attorney before you are arraigned, your attorney can represent you at your arraignment before the commissioner. In PA, specifically, Philadelphia, the bail set by the commissioner is immediately appealable or reviewable by a Municipal Court judge or a Common Pleas Court judge. If bail is not attainable after the preliminary arraignment and a bail reduction motion can be filed with the court and heard in a few days. If no motion is filed to reduce bail, a bail reduction can be orally raised at the first preliminary hearing listing.  In murder cases you typically do not get bail.

What About Federal Cases?

In federal court cases you can be held without bail.  The government has the right to request a continuance of what is called a detention hearing if they are seeking pretrial detention.  The federal rules allow the government 3 business days after your arrest to a hearing.  If the government is seeking detention they will file a motion stating the reasons for seeking detention.  If you are ordered detained, there is no amount of money that you can pay to be released. 

Common Philadelphia Criminal Charges and Penalties

Understanding the charges you face is the first step in building a strong defense. Philadelphia criminal defense lawyers at Pagano Law regularly handle a wide range of criminal offenses, each carrying specific penalties under Pennsylvania law.

Drug Possession and Distribution Philadelphia prosecutors aggressively pursue drug cases, from simple possession to large-scale trafficking operations. Possession of a controlled substance is typically graded as a misdemeanor, punishable by up to one year in jail and fines up to $5,000. However, possession with intent to deliver (PWID) elevates the charge to a felony, carrying 2-10 years in prison depending on the drug type and quantity. Philadelphia police often use confidential informants and surveillance in drug investigations, making it critical to have experienced Philadelphia criminal defense lawyers who can challenge the evidence and protect your rights.

Assault Charges in Philadelphia Assault charges range from simple assault (misdemeanor) to aggravated assault (felony). Simple assault involving minor injuries typically results in misdemeanor charges with potential jail time up to two years. Aggravated assault—involving serious bodily injury, use of a deadly weapon, or assault on police officers—is a first-degree felony carrying up to 20 years in state prison. Philadelphia criminal courts see hundreds of assault cases monthly, and our criminal defense lawyers know how to build self-defense claims, challenge witness credibility, and negotiate favorable outcomes.

Gun Crimes and Firearms Offenses Pennsylvania has some of the nation’s strictest gun laws, and Philadelphia enforces them vigorously. Carrying a firearm without a license (VUFA 6106) is a third-degree felony with a mandatory minimum sentence in many cases. Possession of a firearm by a prohibited person carries even harsher penalties. Philadelphia criminal defense lawyers at Pagano Law understand the nuances of Pennsylvania gun laws and can challenge illegal searches, question probable cause, and pursue charge reductions or dismissals.

DUI Penalties in Philadelphia Driving under the influence in Philadelphia carries escalating penalties based on blood alcohol content (BAC) and prior offenses. A first-time DUI with BAC of 0.08-0.099% results in six months probation, $300 fine, alcohol highway safety school, and potential license suspension. High BAC cases (0.16% or higher) trigger harsher penalties including mandatory jail time, higher fines up to $5,000, and 12-month license suspension. Our Philadelphia criminal defense lawyers challenge breathalyzer accuracy, question traffic stop legality, and fight to preserve your driving privileges.

Theft and Property Crimes Theft charges in Philadelphia are graded by the value of property stolen. Retail theft under $150 is typically a summary offense, while theft exceeding $2,000 becomes a felony. Philadelphia stores increasingly use sophisticated surveillance and loss prevention tactics, leading to frequent shoplifting arrests. Burglary—entering a structure with intent to commit a crime—is always a felony in Pennsylvania, carrying 10-20 years for first-degree burglary. Philadelphia criminal defense lawyers can negotiate restitution agreements, pursue diversion programs for first-time offenders, and challenge identification evidence.

White Collar Crimes Philadelphia serves as a major business hub, making white collar crime prosecutions common. Fraud, embezzlement, identity theft, and forgery cases often involve complex financial records and lengthy investigations. These cases may be prosecuted in state or federal court depending on the scope and victims involved. Federal white collar convictions typically result in harsher sentences than state convictions. Our Philadelphia criminal defense lawyers have experience handling both state and federal white collar prosecutions, working with forensic accountants and financial experts to build comprehensive defenses.

What to Expect at Philadelphia Preliminary Hearings

The preliminary hearing represents a critical stage in Philadelphia criminal cases, yet many defendants don’t understand its importance. This hearing, held in Philadelphia Municipal Court, determines whether sufficient evidence exists to hold you for trial.

Timing and Location Philadelphia preliminary hearings typically occur within 14-21 days after your arraignment. Most hearings take place at the Criminal Justice Center at 1301 Filbert Street, though some cases are heard in district courts throughout Philadelphia County. Your Philadelphia criminal defense lawyer will receive notice of the hearing date and courtroom assignment.

The Commonwealth’s Burden At the preliminary hearing, the prosecution must establish a prima facie case—showing that a crime occurred and you likely committed it. This is a much lower standard than the “beyond a reasonable doubt” burden required at trial. Philadelphia prosecutors typically present minimal evidence, often relying on police testimony and limited witness statements. However, this doesn’t mean the hearing is unimportant.

Your Criminal Defense Lawyer’s Strategy Experienced Philadelphia criminal defense lawyers use preliminary hearings strategically. While securing a dismissal is possible, the hearing serves multiple purposes: cross-examining Commonwealth witnesses under oath, locking in their testimony for trial, identifying weaknesses in the prosecution’s case, and negotiating with assistant district attorneys. Your lawyer can challenge witness credibility, expose inconsistencies, and build the foundation for your defense.

Possible Outcomes The magistrate can dismiss charges if the Commonwealth fails to meet its burden, reduce charges to lesser offenses, or hold all charges for court. Even if charges proceed, preliminary hearings often lead to favorable plea negotiations. Philadelphia prosecutors may offer better deals after seeing weaknesses in their case exposed during cross-examination. Our criminal defense lawyers in Philadelphia leverage every preliminary hearing to achieve the best possible outcome.

Waiving Your Preliminary Hearing Some Philadelphia criminal defense lawyers recommend waiving the preliminary hearing in exchange for favorable plea offers or when the Commonwealth’s case is strong and cross-examination would only strengthen their position. This decision requires careful analysis of your specific case circumstances and should only be made after consulting with experienced counsel.

Understanding the Philadelphia Bail Process

Being held in custody while awaiting trial can devastate your life, your family, and your ability to assist in your defense. Understanding Philadelphia’s bail process is essential for anyone facing criminal charges.

Initial Arraignment Within 6-8 hours of arrest, Philadelphia defendants appear before a bail commissioner for initial arraignment. The commissioner reviews charges, explains your rights, and sets initial bail. Bail commissioners in Philadelphia often set higher bail amounts than necessary, especially for defendants without local ties or prior criminal records.

Factors Affecting Bail Amounts Philadelphia bail commissioners and judges consider multiple factors: the severity of charges, your criminal history, community ties, employment status, family connections, and flight risk. Violent crimes, gun offenses, and cases involving substantial drug quantities typically result in higher bail. Our Philadelphia criminal defense lawyers can present evidence of strong community ties, stable employment, and family support to argue for reduced bail.

Types of Bail in Philadelphia Pennsylvania courts use several bail types. Monetary bail requires posting the full bail amount or using a bail bondsman (typically 10% fee). ROR (release on recognizance) requires no money but obligates you to appear for court. Unsecured bail sets a bail amount you only pay if you fail to appear. Nonmonetary conditions may include GPS monitoring, house arrest, or drug testing. Philadelphia judges increasingly use nonmonetary conditions to ensure appearance while reducing jail overcrowding.

Bail Reduction Motions If the initial bail is too high, Philadelphia criminal defense lawyers can file bail reduction motions in Common Pleas Court. These hearings allow your attorney to present evidence and argue for lower bail or release on less restrictive conditions. Success requires demonstrating that you’re not a flight risk and don’t pose a danger to the community. Pagano Law regularly secures bail reductions for Philadelphia clients, allowing them to return home while fighting their charges.

Special Bail Considerations Some charges in Philadelphia carry bail restrictions. Murder charges typically result in no bail or extremely high bail amounts. Violations of Protection from Abuse orders often trigger automatic detainment. Federal cases follow different bail procedures with detention hearings before federal magistrates. Our Philadelphia criminal defense lawyers understand these nuances and fight aggressively for your release at every stage.

Your Rights During Philadelphia Police Encounters

Knowing your constitutional rights during police encounters can mean the difference between freedom and incarceration. Philadelphia criminal defense lawyers emphasize these critical protections.

Right to Remain Silent The Fifth Amendment protects you from self-incrimination. You are never required to answer police questions beyond providing basic identification information. Philadelphia police may pressure you to “tell your side of the story” or claim that cooperation will help you—don’t believe it. Anything you say can and will be used against you. Politely state: “I’m invoking my right to remain silent and want to speak with my Philadelphia criminal defense lawyer.”

Right to Refuse Searches The Fourth Amendment protects against unreasonable searches and seizures. Philadelphia police cannot search your home, car, or person without a warrant, your consent, or specific legal exceptions. If officers ask to search, you have the right to refuse. Say clearly: “I do not consent to any searches.” If police search anyway, don’t resist physically—your Philadelphia criminal defense lawyer can challenge illegal searches in court, potentially getting evidence suppressed.

Understanding Search Exceptions Philadelphia police often search without warrants using legal exceptions: searches incident to lawful arrest, automobile exceptions when they have probable cause, plain view doctrine when contraband is visible, and exigent circumstances involving imminent danger. Understanding these exceptions helps you recognize when police overstep their authority. Our criminal defense lawyers in Philadelphia regularly challenge searches that exceed constitutional boundaries.

Traffic Stops in Philadelphia Philadelphia police conduct thousands of traffic stops weekly. You must provide your driver’s license, registration, and insurance upon request. However, you don’t have to answer questions about where you’re going, where you’re coming from, or what you’re doing. You don’t have to consent to vehicle searches. If police order you out of the vehicle, comply—but continue asserting your rights to remain silent and refuse searches.

Recording Police Encounters Pennsylvania is a two-party consent state for audio recordings in private conversations, but you have the right to record police performing official duties in public. Philadelphia police cannot arrest you solely for recording them, though they may claim you’re interfering with their duties. Keep a safe distance, don’t interfere with their actions, and document everything. These recordings can prove invaluable to your Philadelphia criminal defense lawyer.

What to Do If Arrested If Philadelphia police arrest you, remain calm and cooperative—but silent. Don’t resist arrest physically, even if you believe it’s unlawful. Don’t consent to searches. Don’t make statements. Request a Philadelphia criminal defense lawyer immediately and repeatedly. Contact Pagano Law at (215) 636-0160 as soon as possible. The sooner we’re involved, the better we can protect your rights and build your defense.

Philadelphia Expungement Process: Clearing Your Criminal Record

A criminal record can haunt you for years, affecting employment, housing, education, and professional licensing. Philadelphia criminal defense lawyers help clients understand their expungement options under Pennsylvania law.

What Is Expungement? Expungement is the legal process of erasing or sealing criminal records so they no longer appear on background checks. Pennsylvania law allows expungement in specific circumstances, giving Philadelphia residents a second chance. Once expunged, you can legally state you’ve never been arrested or convicted of the expunged offense. This is crucial for job applications, professional licenses, and housing applications in Philadelphia’s competitive market.

Automatic Expungements in Philadelphia Pennsylvania law now provides automatic expungement for certain offenses. Summary offenses (except those requiring sex offender registration) are automatically expunged after five years if you’ve had no subsequent convictions. Second- and third-degree misdemeanors with sentences of two years or less qualify for automatic expungement after ten years with no subsequent convictions. However, Philadelphia courts can be slow processing automatic expungements—hiring a criminal defense lawyer can expedite the process.

Petition-Based Expungements Many Philadelphia residents must petition the court for expungement. You can expunge arrests that didn’t result in conviction, charges that were dismissed or withdrawn, successful completion of ARD (Accelerated Rehabilitative Disposition), acquittals at trial, and pardoned offenses. Our Philadelphia criminal defense lawyers file expungement petitions regularly, navigating the complex paperwork and court procedures.

Sealing vs. Expungement Pennsylvania recently introduced “clean slate” sealing for certain offenses. Sealing differs from expungement—records still exist but aren’t publicly accessible. Offenses eligible for sealing include misdemeanors and ungraded offenses with fines under $2,500 if you’ve been conviction-free for ten years. Philadelphia employers and landlords cannot access sealed records, though law enforcement and certain government agencies can. Our criminal defense lawyers help determine whether expungement or sealing is appropriate for your situation.

Offenses That Cannot Be Expunged Pennsylvania law prohibits expunging certain serious offenses. Murder, rape, sexual assault, kidnapping, and crimes requiring sex offender registration generally cannot be expunged. Most felonies cannot be expunged unless you receive a pardon from the governor. However, Philadelphia criminal defense lawyers can still pursue sealing for some serious offenses if you meet eligibility requirements.

The Philadelphia Expungement Process Expunging records in Philadelphia requires filing a petition in the court where charges originated, serving notice on the district attorney’s office and law enforcement agencies, attending a hearing if the DA objects, and obtaining a court order. The process typically takes 3-6 months in Philadelphia courts, though complications can extend timelines. Pagano Law handles every step, from determining eligibility to obtaining final court orders.

Benefits of Professional Legal Help While you can file expungement petitions yourself, Philadelphia criminal defense lawyers ensure accuracy and completeness. We identify all eligible offenses, file correct paperwork in proper courts, respond to district attorney objections, represent you at hearings, and follow through until records are actually deleted. Mistakes in the expungement process can result in denials, wasted time, and continued criminal record problems. Investment in experienced legal counsel pays dividends in faster, more reliable results.

Moving Forward After Expungement Once your Philadelphia criminal record is expunged, you can legally deny the arrest or conviction on job applications, housing applications, and other forms. However, always consult with Philadelphia criminal defense lawyers before answering questions about your criminal history—some applications require disclosure even of expunged records. Understanding your rights and obligations protects you from unintentional violations while maximizing the benefits of your clean record.

Philadelphia Court Information 

Philadelphia Municipal Court System

The Philadelphia Municipal Court handles the majority of initial criminal proceedings in the city. This court has jurisdiction over all misdemeanor cases, summary offenses, and preliminary hearings for felony charges. Understanding how Municipal Court operates is essential for anyone facing criminal charges in Philadelphia, as this is typically where your case will begin.

The Municipal Court is divided into several specialized divisions including the Traffic Court Division, which handles DUI cases and traffic violations, and the Criminal Division, which processes misdemeanor offenses ranging from simple assault to retail theft. Cases that begin in Municipal Court may be resolved there or transferred to the Court of Common Pleas if they involve felony charges.

Philadelphia Court of Common Pleas – Criminal Division

For felony charges in Philadelphia, cases proceed to the Philadelphia Court of Common Pleas Criminal Division after preliminary hearings. This court handles serious offenses including aggravated assault, robbery, rape, murder, and major drug trafficking charges. The Court of Common Pleas also reviews appeals from Municipal Court and handles expungement petitions for criminal records.

The Criminal Division operates with a complex case management system that includes pre-trial conferences, motion practice, and formal trial proceedings. Philadelphia’s Common Pleas judges maintain individual courtroom procedures and scheduling preferences, making local knowledge of specific judges’ practices invaluable when preparing your defense strategy.

Preliminary Arraignment Process in Philadelphia

Within hours of your arrest in Philadelphia, you’ll attend a preliminary arraignment where bail is set and formal charges are read. This hearing typically occurs at the Criminal Justice Center located at 1301 Filbert Street. During preliminary arraignment, a bail commissioner or magistrate judge determines whether you’ll be released on your own recognizance, required to post bail, or held without bail pending trial.

The preliminary arraignment also establishes your next court date, usually a preliminary hearing scheduled within 3-10 days for defendants in custody or within 14-21 days for those released on bail. This rapid timeline makes immediate legal representation critical, as important decisions about your defense strategy must be made quickly.

Preliminary Hearing Procedures

Pennsylvania law requires the Commonwealth to establish a prima facie case at the preliminary hearing, demonstrating that a crime was committed and that you likely committed it. In Philadelphia, these hearings occur before Municipal Court judges who determine whether sufficient evidence exists to hold you for trial. The prosecution must present witnesses and evidence, while your defense attorney can cross-examine witnesses and challenge the Commonwealth’s case.

Approximately 60-70% of felony cases in Philadelphia Municipal Court result in charges being held for court, though skilled defense attorneys often succeed in having charges reduced or dismissed at this critical stage. The preliminary hearing represents your first opportunity to assess the prosecution’s evidence, identify weaknesses in their case, and sometimes negotiate favorable plea agreements before formal arraignment.

Philadelphia District Attorney’s Office Practices

The Philadelphia District Attorney’s Office prosecutes all criminal cases within city limits, operating through specialized units that handle specific types of crimes. These units include the Major Trials Unit for homicides and serious violent crimes, the Special Investigations Unit for police misconduct and public corruption, the Economic Crimes Unit for white-collar offenses, and the Gun Violence Task Force for firearms offenses.

Understanding which unit is handling your case provides insight into prosecution strategy and potential outcomes. Each unit maintains different policies regarding plea negotiations, diversionary programs, and sentencing recommendations. The DA’s office also operates several alternative prosecution programs including the Accelerated Rehabilitative Disposition (ARD) program for first-time DUI offenders and certain other offenses.

Philadelphia Pre-Trial Services and Supervision

If released on bail in Philadelphia, you may be assigned to Philadelphia Pre-Trial Services, an agency that monitors defendants awaiting trial. Pre-Trial Services conducts risk assessments, may require regular check-ins, and can impose conditions including electronic monitoring, drug testing, or geographic restrictions. Violating Pre-Trial Services conditions can result in bail revocation and immediate incarceration.

The agency also provides the court with recommendations regarding bail modifications and compliance reports that influence plea negotiations and sentencing. Maintaining good standing with Pre-Trial Services demonstrates responsibility to prosecutors and judges, potentially affecting case outcomes favorably.

Accelerated Rehabilitative Disposition (ARD) in Philadelphia

Philadelphia offers ARD as a diversionary program primarily for first-time DUI offenders and some non-violent offenders without significant criminal histories. The program typically requires 6-12 months of supervision, community service, drug and alcohol treatment when applicable, and payment of fines and costs. Successful completion results in charges being dismissed and eligibility for expungement.

However, ARD acceptance requires prosecutorial approval, and the Philadelphia District Attorney’s Office maintains strict eligibility requirements. Offenses involving accidents with injuries, high blood alcohol content levels, or certain criminal histories may disqualify applicants. Philadelphia ARD participants must also complete all requirements within the specified timeframe, as violations result in program termination and resumption of criminal prosecution.

Philadelphia Bail Guidelines and Reform

Philadelphia has implemented bail reform measures designed to reduce pre-trial detention for low-level offenses. The city now uses risk assessment tools to evaluate defendants’ likelihood of appearing for court and potential danger to the community. These reforms have increased the percentage of defendants released on unsecured bail or on their own recognizance, particularly for non-violent offenses.

Despite these reforms, Philadelphia judges retain broad discretion in setting bail amounts, especially for violent crimes, cases involving firearms, or defendants with extensive criminal histories. Bail hearings in Philadelphia allow defense attorneys to present evidence of community ties, employment, family obligations, and other factors supporting release on reduced bail or alternative conditions.

What are the Penalties for a Criminal Conviction in Pennsylvania?

Criminal convictions in Pennsylvania can lead to loss of voting privileges, loss of employment, depending on which job you have, and the label of a convicted felon on your record. Some of the penalties you could face in Pennsylvania include:

Misdemeanor of the 1st Degree

• The most serious misdemeanor, punishable by up to 5 years in prison and fines up to $10,000. Examples include simple assault or theft of property worth $200-$2,000.

Misdemeanor of the 2nd Degree

• Punishable by up to 2 years in prison and fines up to $5,000. Examples include harassment or theft of property worth less than $200.

Varies by Statute

• These misdemeanors do not fall under a specific degree but have penalties set by statute. An example might include certain regulatory offenses.

Felony of the 1st Degree

• The most serious non-capital felony, punishable by up to 20 years in prison and fines up to $25,000. Examples include rape, kidnapping, and voluntary manslaughter.

Felony of the 2nd Degree (Violent)

• Punishable by up to 10 years in prison and fines up to $25,000. Examples include aggravated assault or robbery without a deadly weapon.

Felony of the 2nd Degree (Non-violent)

• Punishable by up to 10 years in prison and fines up to $25,000. Examples include certain types of fraud or large-scale theft.

Felony of the 3rd Degree (Violent)

• Punishable by up to 7 years in prison and fines up to $15,000. Examples include stalking or terroristic threats.

Felony of the 3rd Degree (Non-violent)

• Punishable by up to 7 years in prison and fines up to $15,000. Examples include possession of a controlled substance with intent to distribute.

Felony of the 3rd Degree (Violent)

• Punishable by up to 7 years in prison and fines up to $15,000. Examples would be less severe forms of violent offenses, such as certain assaults.

Felony of the 3rd Degree (Non-violent)

• Similar to the above, punishable by up to 7 years in prison. Examples include certain types of white-collar crime or repeat DUI offenses.

Felony of the 3rd Degree or Lower-Level Felony

• Punishable by up to 7 years in prison and fines. These would generally be considered lower-level felonies, often involving non-violent offenses.

Accused of a crime in Philadelphia? Pagano Law provides experienced, dedicated legal representation to defend your rights and your future. Let us guide you through this challenging time—schedule a free consultation today and take the first step toward a strong defense.

Understanding Your Rights in Pennsylvania

It’s critical to understand your rights in Pennsylvania, especially when it comes to law enforcement officers. You do not have to speak to the police, regardless of what they might say. Our attorneys are ready and able to take on law enforcement when they are in the wrong and stand up for their rights.

How Can a Philadelphia Criminal Defense Attorney Help?

Being criminally convicted is a serious offense and can have dire consequences without a trusted Philadelphia criminal defense attorney by your side. Simple things such as finding an apartment or a job can become difficult with a felony on your record. Therefore, it is critical that you have an experienced criminal defense attorney by your side.

The Philadelphia criminal defense attorneys at Pagano Law will help you expunge or seal your criminal record. Get in touch with our attorneys to get your life back on track today!

From your first consultation, our goal at Pagano Law is to help you feel comfortable and that you can trust us as your attorneys. Our Philadelphia criminal defense attorneys will help you understand the nuances of your case and walk you through the options and potential outcomes. 

So, why choose Pagano Law as your criminal defense lawyer in Philadelphia? Our track record and experience speaks for itself.

• We have a proven track record of success for our criminal clients, helping them get their life back on track.
• With over 40 years of combined experience, our firm understands criminal law in Pennsylvania.
• Our team of attorneys will consult professionals, such as private investigators and experts, to help back up your case.
• We understand the legal system in Pennsylvania and will help guide our clients in the right direction. 
• The will and drive to fight for our clients in court, even negotiating plea bargains where appropriate. 
• Our criminal defense attorneys are skilled negotiators who know how to negotiate with the prosecution. 
• Using our experience and resources we will build you a strong case that will help provide you with the best outcome possible for your case. 

Have You Been Wrongfully Accused? Contact Pagano Law Today!

Now that you know more about how our Philadelphia criminal defense lawyers at Pagano Law can help you, get in touch with us today for a free consultation. We belief that every client deserves a fair and just trial, and we will not quit until we fulfill this mission for all of our clients.  

Get in touch with our attorneys at 215-636-0160 to start the process. Don’t try to handle the legal system on your own, contact Pagano Law today!

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