Legal Question in Criminal Law in Pennsylvania
I am a student and was arrested for fighting and drinking underage however I was never breathalyzed and my side of the story was never heard and my rights were never read to me. What should I expect out of my court hearing?
4 Answers from Attorneys
They don't have to read you your rights unless they ask you a question, which they obviously didn't. All they need for the fighting (you didn't day what the charge was...simple assault? Harassment?) are witnesses who will say you hit someone. Underage requires some proof of possession or consumption. Breathalyzer isn't necessary.
You need a lawyer. There are sepcial programs for first offenders.
WHAT AREA ARE YOU IN?
Call me for free phone consultation. 215 732-4000
This could have career implications if not handled properly.
Saul Segan
www.saulhsegan.com
The first hearing will be your preliminary hearing. At this stage, you are not "guilty" or "not guilty." Rather, the court determines if a crime was actually committed and if you were more likely than not the person that committed it. This is a crucial stage of the prosecution, and you should be represented by counsel. If you are in the western part of the state, feel free to call me with any further questions.
Hire a lawyer or expect to be asked if you qualify for the public defender. Don't try to go through this without the advice of counsel....things have a habit of lingering and if you don't take care of this completely, expect it will show up at an inopportune time, like when you look for a job! Call me if you want to discuss in detail or write me back direct at [email protected]
Mike
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