Criminal Defense Attorney Pennsylvania: What To Do When Facing Charges (2026)
Facing criminal charges in Pennsylvania is serious — the stakes include your freedom, your record, and your future employment. This guide walks you through your rights under Pennsylvania law, the PA court process from arrest to sentencing, and how to find a qualified criminal defense attorney who can fight for you.
Updated: July 2026 · 8 min read
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What To Do Immediately After a Pennsylvania Arrest
What you do in the first hours after a Pennsylvania arrest can significantly affect your case. Follow these steps:
- Do not resist arrest. Resisting is a separate M2 charge in Pennsylvania (18 Pa. C.S. § 5104) and will make everything worse.
- Invoke your right to remain silent. Say: "I am invoking my right to remain silent and I want an attorney." Under Pennsylvania law and Miranda, questioning must stop.
- Do not consent to searches. State clearly: "I do not consent to any searches." Officers may still search in certain circumstances, but your objection is legally preserved.
- Attend the Preliminary Arraignment. In Pennsylvania, you will appear before a Magisterial District Judge, often within hours of arrest, to be informed of charges and set bail. Having an attorney here can significantly affect your bail conditions.
- Contact a criminal defense attorney before your Preliminary Hearing — typically scheduled within 3–10 days. This is your first major opportunity to challenge the charges.
Pennsylvania Criminal Court Process: Step by Step
Arrest & Booking
You are taken into custody, charged, and booked. For most offenses, held pending preliminary arraignment (usually same day or next morning).
Preliminary Arraignment
Before a Magisterial District Judge (MDJ). Charges are read; bail is set. This hearing is often at night or early morning. If you can't make bail, you stay in county jail.
Preliminary Hearing
Before the MDJ, usually 3–10 days after arrest. The DA must establish a prima facie case. Your attorney can cross-examine witnesses and challenge evidence. Charges can be reduced or dismissed here.
Formal Arraignment (Court of Common Pleas)
You enter a formal plea in the felony/higher misdemeanor court. Most defendants plead not guilty at this stage to preserve options.
Pre-Trial Motions
Your attorney files motions to suppress evidence, dismiss charges, or challenge the legality of police conduct. These often determine the outcome before trial.
Plea Negotiations
Most PA cases resolve here. Your attorney negotiates with the ADA for reduced charges, ARD (Acceleratory Rehabilitative Disposition for first-time offenders), or sentencing recommendations.
Trial
Bench (judge) or jury trial. Pennsylvania juries must be unanimous for conviction. Your attorney presents defense, cross-examines witnesses, and challenges the prosecution's case.
Sentencing
PA uses Sentencing Guidelines (204 Pa. Code Ch. 303). Prior record score + offense gravity score determine the standard sentencing range. Your attorney presents mitigating factors.
Pennsylvania Criminal Charge Levels & Penalties
| Level | Examples | Max Prison | Max Fine |
|---|---|---|---|
| Summary Offense | Disorderly conduct, minor traffic | 90 days | $300 |
| Misdemeanor 3 (M3) | Simple assault (minor), harassment | 1 year | $2,500 |
| Misdemeanor 2 (M2) | Simple assault, theft $200–$2K | 2 years | $5,000 |
| Misdemeanor 1 (M1) | DUI (high BAC), terroristic threats | 5 years | $10,000 |
| Felony 3 (F3) | Theft $2K+, simple assault w/ injury | 7 years | $15,000 |
| Felony 2 (F2) | Robbery, drug trafficking | 10 years | $25,000 |
| Felony 1 (F1) | Aggravated assault, rape, arson | 20 years | $25,000 |
| Murder 1st Degree | Intentional killing | Life or death | — |
Source: 18 Pa. Consolidated Statutes. Actual sentences depend on prior record score and offense gravity. Consult an attorney for your specific charges.
Getting Started: How To Find the Right PA Criminal Defense Attorney
Choosing the right criminal defense attorney in Pennsylvania can make a significant difference in your outcome. Here is what to evaluate:
- Pennsylvania bar admission. Verify at the Pennsylvania Unified Judicial System attorney search portal.
- County court experience. Philadelphia, Allegheny (Pittsburgh), Montgomery, Bucks, Chester, and Delaware Counties each have distinct DA offices and judge cultures. Local experience matters.
- Criminal defense focus. A general practitioner is not the same as a dedicated criminal defense attorney. Look for someone whose practice is primarily criminal law.
- ARD eligibility assessment. Pennsylvania's Acceleratory Rehabilitative Disposition (ARD) program for first-time DUI and other offenders can result in expungement. Make sure your attorney evaluates this option.
- Trial record. Ask how many jury trials they've handled in the past two years in Pennsylvania courts.
Pennsylvania Cities: Find a Criminal Defense Attorney Near You
Pennsylvania Criminal Defense FAQ
How long does a criminal case take in Pennsylvania?
Pennsylvania summary offenses resolve in weeks. Misdemeanor cases typically take 3–9 months. Felony cases often take 9–24 months from arrest to resolution, depending on charge complexity and trial demand. Pennsylvania's Rules of Criminal Procedure (Rule 600) require that trials commence within 365 days of the complaint — violation is grounds for dismissal.
What is the difference between a summary offense, misdemeanor, and felony in Pennsylvania?
Pennsylvania has three criminal tiers. Summary offenses (lowest) carry up to 90 days in jail and $300 fine. Misdemeanors are M3 (1 year), M2 (2 years), or M1 (5 years). Felonies are F3 (7 years), F2 (10 years), or F1 (20 years), with first-degree murder carrying life or death. The level of offense determines your exposure — always confirm the grade of your specific charge with an attorney.
Can a criminal conviction be expunged in Pennsylvania?
Pennsylvania allows expungement of summary convictions after 5 years and completion of sentence. Most misdemeanors can be expunged under Act 56 (2016) or through the Clean Slate Law (automatic sealing after 10 years for qualifying M2/M3 offenses). Most felonies cannot be expunged or sealed. A criminal defense attorney can evaluate your eligibility and file the petition.
What should I do if police want to question me in Pennsylvania?
Invoke your rights clearly. Say: "I am invoking my right to remain silent and request an attorney." Under Pennsylvania law (and the Fifth Amendment), police must cease questioning once you request counsel. Do not try to explain your way out of a situation — even innocent statements can be twisted. Contact a PA criminal defense attorney immediately.
How does bail work in Pennsylvania?
Pennsylvania uses monetary bail and non-monetary conditions. After arrest, a Preliminary Arraignment before a Magisterial District Judge (usually within hours) sets bail. Factors include flight risk, prior record, and charge severity. A criminal defense attorney can argue for lower bail or release on recognizance (ROR). If bail is denied, you can request a bail reduction hearing.
How much does a criminal defense attorney cost in Pennsylvania?
Pennsylvania criminal defense fees vary by charge and attorney. Summary offense defense: $500–$2,000. Misdemeanor defense: $1,500–$6,000. Felony defense: $5,000–$30,000+. Trial cases cost more. Many PA attorneys offer free consultations. If you cannot afford a lawyer, the court will appoint a public defender (Pennsylvania Public Defender Act). Get a full written fee agreement before retaining anyone.
What is a preliminary hearing in Pennsylvania and do I need an attorney?
A preliminary hearing in Pennsylvania is held before a Magisterial District Judge, typically 3–10 days after arrest for those in custody. The prosecution must show a prima facie case — that a crime was committed and you probably committed it. This is a critical hearing: your attorney can challenge evidence, cross-examine witnesses, and potentially get charges reduced or dismissed. Always have representation at a preliminary hearing.
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