What Does It Mean to Be in Police Custody?

Do you know someone who the police have just arrested? Whether it is you or someone you know, being in police custody is an unnerving experience.

Being taken into police custody can mean several things. The nature of police custody goes beyond detention. As law enforcement personnel take someone into their custody, the arrested still retains certain rights. Also, police custody presupposes the provision of information leading to the arrest or detention.

Miranda Rights

One of the first elements of being taken into police custody is knowing your rights. Under the law, officers who perform an arrest must inform suspects of their rights. In the context of police custody, these rights are none other than Miranda Rights.

Miranda Rights protect individuals from self-incrimination. This is why arresting officers tell suspects that certain actions and statements can be used in court.

Besides protecting an individual from self-incrimination, Miranda Rights also include terms for seeking legal counsel. The Rights provide that arrested persons can seek legal counsel regardless of whether they can afford one or not. Miranda Rights also allow arrested individuals with legal counsel to have the lawyer present during police questioning.

When an individual is taken into custody, they need to be made fully aware of their Miranda Rights. Any failure to read arrested individuals’ rights constitutes illegal detention.

Does Being in Police Custody Mean Being Taken to Prison?

The answer is “no.” There is a difference between being taken into police custody and being taken to prison. Police custody is necessary for either investigation or temporary detention for minor offenses.

In Philadelphia and any other part of the United States, going to prison only happens after a conviction. Convictions come after a judicial ruling. Between a judicial ruling and an arrest, there are still several steps that do not always lead to a criminal conviction of the arrested person.

If you or someone you know has been detained for a crime, having a criminal defense lawyer will be helpful.

What Are the Elements of Police Custody?

The following are the elements of being legally taken into police custody:

Being Read Your Rights

As mentioned earlier, officers need to read you your Miranda Rights before arresting you. You can exercise your right to hire a criminal defense lawyer.

Information on the Reason for Your Arrest

Officers need to inform you of why you are being detained. Police officers cannot arrest you for no reason. The only time they can make an immediate arrest is when they see you committing a crime on the spot.

Restrictions on Your Movement

During the arrest, an officer restricts movement with the use of handcuffs. The police station creates a blatter of an individual’s arrest before the individual is taken to a holding cell. Within the holding cell, individuals have freedom of movement within supervision.

Taken Into Police Custody? Call a Criminal Defense Lawyer

A criminal defense lawyer in Philadelphia can be immensely helpful during your detention. Should matters escalate to a trial, later on, you will be glad you called one.

For legal counsel and representation that has your best interests at its core, call us at Brennan Law Offices.

 

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How To Appeal Your Wrap Sheet on Criminal Record

Criminal Record? How To Appeal Your Wrap Sheet. That is the question many people ask themselves when they are looking for jobs and want to answer “no” on any criminal background check. When you have a criminal record, it can seem like your options are limited or non-existent, but that doesn’t need to stop you from having a successful career. Here, we will help teach you how to appeal your wrap sheet on criminal records with tips and tricks that can make all of the difference in your search for employment.

1. Expunge Your Records

Many people do not realize there are ways to expunge your criminal record. Expunging is the legal process of making designated information unavailable through routine record searches. This does not erase or destroy it; instead, an order of expungement (which varies by state) provides retrieval and removal of the records, but they are marked to indicate they can only be revealed under court order. An expungement is suitable for the person whose record it is, but not necessarily for anyone else. Expunged records may also be sealed.

2. Get a Certificate of Rehabilitation

A Certificate of Rehabilitation is a document that “certifies” you have been rehabilitated and are considered free from your prior criminal history by a Philadelphia criminal attorney. If possible, this should be applied prior to starting job-hunting. You cannot apply for a certificate unless five years have passed since completing your sentence (or release on parole or probation). You must have also been released from prison, parole, and probation without further criminal problems during those five years.

3. Get a Pardon

A Pardon is a document that “certifies” you have been pardoned for a conviction of a crime from a criminal lawyer in Philadelphia, and removes your civil disabilities. With a Pardon, you can say you have never been convicted of a crime. Five years must pass from when you finished any incarceration and when the application was filed to get one. There are different pardons, so be sure to research which one would work best for your situation.

4. Update Your Resume

If your criminal record prevents you from getting a job, don’t just leave it off your resume. Be proactive and take the time to highlight everything on your resume not related to your criminal record so if they do run a background check on you, the non-relevant information will be what pops up first. Make sure not to lie on your resume but find creative ways to highlight the positives and hide the negatives.

Conclusion

Don’t let a criminal record stop you from providing for your family. If you are currently unemployed, it may be time to explore new career paths to accommodate your situation. There are many resources available that can help. Just do your research and be proactive.

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How Studying Criminal Law Can Impact Your Career As A Police Officer

The field of criminal law is a diverse and fascinating one, with lawyers handling cases from petty theft to murder. If you’re considering a career in law enforcement, then it’s important that you consider the impact studying Criminal Law can have on your future success as a police officer. This blog post will explore how studying criminal law can help improve your skills as an officer and provide valuable insight into the legal system.

1. Understanding the Legal System

One of the key benefits of studying criminal law is providing a basic understanding of the legal system. As a police officer, it’s important that you are familiar with the different aspects of the legal system, from criminal procedure to constitutional law. By studying criminal law, you will learn about these different aspects and be better equipped to handle criminal cases as an officer.

2. Enhancing Investigative Skills

Criminal law also enhances your investigative skills, which can be extremely valuable in law enforcement. Criminal investigations are often complex and require officers to gather evidence and interview witnesses. Studying criminal law will teach you how to effectively investigate crimes and build a strong case against the accused.

3. Applying Legal Concepts to Your Job

Studying criminal law can also benefit your career as a police officer by applying legal concepts to your job. By having a basic understanding of criminal law, you will be able to apply different aspects of the legal system to real-world situations that arise on the job. For example, the best criminal lawyers in Philadelphia can use the law of homicide to determine whether or not killing was justified.

4. Enhancing Your Communication Skills

Studying criminal law will also improve your communication skills as an officer. This is particularly important because it’s essential that officers communicate effectively with others to ensure the best outcomes in criminal investigations. By studying criminal law, you will learn how to effectively communicate with lawyers, judges and other members of the legal system.

5. Gaining a Competitive Edge

Finally, studying criminal law can also give you a competitive edge over other officers. By having a strong understanding of criminal law, you will be better equipped to handle criminal investigations and prosecutions. This can be an important advantage when competing for promotions or assignments within your department.

Studying criminal law is an excellent way to improve your skills as a police officer and better understand the legal system. By understanding the different aspects of criminal law, you will be better equipped to handle criminal investigations and prosecutions. The best criminal defense attorney in Philadelphia will guide you through the legal proceedings, so get in touch with us right away if you have been charged with a crime. Our lawyers are highly experienced and will provide you with expert legal guidance throughout your case.

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What Is A Strict Liability Crime?

A strict liability crime is one that is classified as a criminal activity regardless of what someone’s intentions were. Even if you did not have criminal intentions, you can still be charged with a crime. You need to hire the best criminal defense attorney in Philadelphia if you have been accused of a strict liability crime.

What Are Examples of A Strict Liability Crime?

Statutory Rape

This is a crime that occurs when a person has sex with an underage person. You could be charged with a crime even if you were unaware of the fact the person was underage. It also does not matter if the underage person consented to the act. Additionally, it is possible for you to be charged with a crime if you intended to have sex with the underage person, but you did not carry out the actual act.

You Sell Alcohol to an Underage Person

It is illegal for anyone to sell alcohol to someone who is under the age of 21. It doesn’t matter if you believed the person was at least 21-years-old.

Traffic Offenses

The vast majority of traffic offenses are classified as strict liability crimes. If you are caught speeding, then you may be charged with a strict liability crime. It doesn’t matter if you did not believe that you went over the speed limit.

Possible Defenses

The reason that you should hire a criminal defense attorney in PA is because there are many possible defenses that you can use. You may be able to use one of the following defenses.

Contributory Negligence

Your attorney can argue that the plaintiff is partially responsible for the crime. The plaintiff may still be able to recover some damages.

Assumption of Risk

There are some issues that involve consent. If the plaintiff has engaged in a risky activity, then they may not be able to recover any damages.

Abuse or Misuse

It is common for people to file claims if they have been hurt by using a product. It is possible for people to recover damages from using a defective product. However, if the person intentionally misused or abused a product, then this can be used as a defense.

Comparative Fault

Comparative fault raises the question of how much the plaintiff contributed to their own issue. The plaintiff can get part of their claim reduced if they contributed to the crime.

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Case By Case: 3 Determining Factors in Sentencing

One of the basic principles of law regarding crime and punishment is that punishment should fit the crime. Most state legislatures have structured sentencing guidelines with this in mind. Additionally, there are federal guidelines as well that apply when determining what crimes should carry significant prison sentences, all based on this suitable fit principle. The problem for many defendants is that they often get charged with more serious crimes than they actually commit, meaning that even a plea bargain for a low-level felony can result in an extended period in jail in some instances based on potential reasonable doubt. Here is a look at what the courts evaluate when determining an appropriate punishment following a conviction or when offering a plea bargain.

Material Evidence

One of the most important aspects of determining sentencing is what actually happened during the commission of the crime. Even a murder case can have its weaknesses. The level of intent and premeditation can be important. Additionally, racketeering can be an issue that enhances punishment as well when multiple individuals have colluded to commit a series of crimes, such as a drug trafficking ring.

Prior Criminal History

Depending on the particular type of crime, courts often look at the individual record of the convicted defendant. Some crimes such as driving under the influence have mandatory punishment requirements for multiple offenses, but even when there are no mandatory requirements the court will take this into consideration when determining the appropriate punishment.

Danger to the Community

Another factor in sentencing convicted defendants for very serious crimes is whether the defendant is a danger to the community. This commonly applies in certain cases like sex offenses against children, but the same concern can be applied when defendants have been charged with multiple murders or have a long history of criminal activity throughout their life. There are many convicted criminals in Pennsylvania penitentiaries who made a career out of criminal behavior only to land in jail for decades.

Why to Retain the Best Criminal Defense Attorney in Philadelphia

The potential for a long sentence is real when a defendant has committed a serious offense, but reasonable doubt is still the standard when the case is adjudicated. And the charge may very well not fit the actual crime when being “overcharged” by the prosecution. There can be a life-long impact for a criminal conviction, which is why it is vital to always defend any criminal charge strongly with an experienced and aggressive Philadelphia criminal defense lawyer from Brennan Law Offices.

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If I’m Not Read My Miranda Rights, Can What I Say Still Be Used Against Me In Court?

In situations where the police want to question you, they may place you under arrest for a crime you allegedly committed. When this happens, they are required to read you your Miranda rights. These rights, which give you the right to remain silent, have an attorney present during questioning, and have an attorney appointed to you if needed, also state that anything you say can and will be used against you in court. However, if you are not read your rights, can police and prosecutors still use your statements against you?

Are You Actually in Custody?

Here at Brennan Law, we often find clients who are confused about whether or not they were actually in police custody. This is crucial, since this determines whether or not police are required to read you your Miranda rights. In many cases, police will purposely not arrest you initially, hoping you will feel more free to say things that will incriminate yourself. If you make this mistake, you will definitely need criminal law attorneys in Philadelphia residents trust, since police will then be all too eager to place you under arrest.

Statements Used as Evidence

If you have been placed under arrest by police but have not been advised of your Miranda rights prior to them questioning you, prosecutors in most situations are not allowed to use anything you said as evidence against you during your trial. Thus, should you have been placed under arrest but realize police did not read you your rights as they were required to do prior to questioning, make sure you let the best criminal lawyer in Philadelphia aware of this immediately.

The Question of Coercion

Time after time, we find police may use questionable tactics in an effort to gain incriminating statements or confessions from individuals. Though failing to read the Miranda rights doesn’t always mean officers coerced you into making an incriminating statement, this will change if you and your criminal law attorney can show their methods were questionable at best. Should this happen, both any statements you made as well as evidence gathered by police afterwards will be considered inadmissible.

Should you find yourself in a situation where your Miranda rights were not read to you, don’t panic and assume all is lost. Instead, contact us here at Brennan Law to obtain legal representation that is committed to protecting your legal rights.

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3 Biggest Evidence Factors That Impact Court Proceedings

Many prosecutors in Pennsylvania use borderline to weak evidence when pursuing criminal convictions against defendants, and many times this evidence can be dismissed from consideration when an aggressive Pennsylvania criminal defense attorney investigates the case thoroughly. There are specific rules that apply when police officers are attempting to obtain evidence, and those rules are commonly violated or completely disregarded with respect to the defendant’s privacy and self-incrimination rights. Many officers even fail to “Mirandize” some defendants, which is a technicality that can be used to dismiss evidence as well. Here are a few common issues that can impact the outcome of a criminal case.

Evidence admissibility

One of the first issues with evidence is admissibility based on how the evidence was acquired. Illegal search and seizure cases are relatively common, as officers often use the “plain sight” rule even when there is no plain sight application. Officers can be cross-examined in a trial, many times revealing they did not actually have reasonable suspicion to search.

Witness credibility

Many criminal cases will involve personal testimony from individuals other than police officers. These witnesses must all be credible for the testimony to be considered in the final case determination, which can be especially important when a case goes to trial. Witnesses who may have a retribution agenda are particularly problematic, which can be revealed in a court procedure questioning.

Electronic evidence weaknesses

Prosecutors regularly try to use video evidence in cases where a suspect has been identified through surveillance equipment. While it is hailed as infallible, the truth is that video evidence can easily be corrupted and inaccurate, often resulting in police lineups of individuals that could easily include suspects other than the actual assailant. Even forensic evidence can be questioned in this regard, as can use of evidence gathered by blood alcohol breathalyzers that are malfunctioning or have not been calibrated according to schedule.

Contact the Best Criminal Defense Attorney in Pa

It is important to understand that a conviction on any criminal charge will establish a criminal history and can have a dramatic impact on the life of the defendant for many years to come. Leaving your fate to the hands of a public defender does not always bode well for an acceptable outcome, and public defenders rarely go against the prosecutor aggressively in weak evidence cases. Always call Brennan Law Offices criminal attorney in Philadelphia, PA, for solid comprehensive legal representation.

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5 FAQs When Your Child Is Arrested

One of the worst things that could happen has. Your child has been arrested. You have now found yourself and your child in the juvenile justice system. This means that your minor child will face consequences that fall in line with the juvenile court rather than adult court. You have a lot of questions.

First, do you need a lawyer? A lawyer can help you navigate the justice system and help keep your child’s case out of adult court. A Philadelphia, PA criminal attorney will ensure that your child’s rights are protected throughout the process. They know the system and will work hard to do whatever they can to ensure your child’s case stays in the juvenile system. They understand the goal of the system is to rehabilitate rather than punish.

What can a lawyer do? A criminal defense Philadelphia lawyer can work toward plea agreements or alternatives to prosecution. Some of these alternatives could include going to counseling or performing public service.

If your child’s case has already been sent to adult court, a lawyer can work with prosecutors and other agencies to have your child’s case decertified and litigated in juvenile court.

If your child’s case has already been litigated and decided, a lawyer can work to achieve an expungement. The lawyers at Brennan Law Office believe that children can become contributing members of society with the proper help and support, not a criminal record.

Why do I want a professional to protect my child? For the past 25 years, the lawyers at Brennan Law Offices have been working hard to protect the rights of the accused, including juveniles. They have experience defending against a variety of crimes such as trespassing, gang activity, drug possession, vandalism, and traffic violations.

What if my child’s crime is more serious than that? Most people don’t know the in’s and out’s of court filings. It is easy to miss little details that can make or break your child’s case and cost them time in the juvenile offender system, or worse yet, the adult offender system. An experienced attorney knows the paperwork, knows the court system, and knows what deadlines are ahead.

Finally, who do you call for help? Call a lawyer that is experienced. Call a lawyer that believes that your child can get back on track. Call a lawyer that wants to keep your child’s involvement with the juvenile system to a minimum. Call the lawyers at Brennan Law Offices.

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How to Fight A Traffic Ticket in Philadelphia

It is estimated that 10 percent of drivers have had at least one ticket. Many people think that if they got a ticket, then paying the ticket is the only option that they have. However, you can hire one of the cheap criminal lawyers in Philadelphia and fight the ticket. You can take the following steps in order to fight your ticket.

 

Understand The Law You Broke

Police officers are required to enforce the law. However, many of them do not know the law. One of the best things that you can do to fight a traffic ticket is to know which law you broke. You will need to make sure that you understand all of the key things about the law. You will also need to hire a defense attorney in Philadelphia. The attorney can break down the law for you. Additionally, they can prove that you did not actually do what the officer accused you of.

 

Make Sure That Your Ticket Is Accurate

You will need to review all of the information on your ticket. If there is inaccurate information on the ticket, then you may be able to get it dismissed. You will also need to take note of exactly what you were cited for.

 

Write Down All Important Details

The details surrounding the incident are one of the factors that will determine whether you will be able to get your ticket dismissed. Where you were stopped, the time of the day, the traffic conditions and weather conditions are some of the things that you will need to write down.

 

Avoid Paying the Ticket

If you want to contest the ticket, then you should not pay for it. You are essentially admitting that you are guilty if you pay the ticket. That is why it is best for you to wait until you go to court.

 

Go to Traffic School

It is a good idea for you to go to traffic school. The state of Pennsylvania allows you to get your traffic ticket dismissed if you go to traffic school. You may also be able to get points taken off of your license.

 

Explore Defenses in Court

If you go to court, then you can use the following defenses.

1.) The cop fails to show up in court

2.) The ticket had errors on it.

3.) Radar guns were used, which are subject to error.

4.) The Sixth Amendment, which says one has a right to a speedy trial.

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Five Incidents That Can Lead To An Arrest Warrant

When executed properly, the criminal process encompasses several important steps. One such process is ensuring those suspected of committing a crime are apprehended within the bounds of the law and after arresting authorities have performed due diligence. In an appreciable number of instances, the first step in criminal apprehension is the obtaining of an arrest warrant.

Arrest Warrant Overview

A prominent Philadelphia criminal defense attorney urges you to realize that an arrest warrant is a formal document issued by a legal authority like a judge allowing a law enforcement agency to take you into custody if said entities believe you have committed an illegal action.

The Process Of Obtaining An Arrest Warrant

To obtain this documentation, representatives of a given law enforcement entity must appear before a court and offer an appeal on the basis of probable cause. Probable cause means the agency in question possesses credible evidence or strong testimony suggesting that you have likely committed a criminal offense and should be taken into custody.

The Five Incidents That Can Lead To An Arrest Warrant:

Specific circumstances of events could increase your chances of being subjected to an arrest warrant including:

Outstanding Traffic Fines Or Tickets

Periodically, you have probably heard television or radio news stories discussing an individual arrested for having received countless traffic tickets or exorbitant unpaid fines dating back years.

For example, if you garnered hundreds of speeding tickets or accrued many thousands of fines for said offense, the law enforcement agency in question might issue an arrest warrant against you.

Failed Child Support Payments

Many court-certified divorce decrees mandate that a divorced parent remit their former spouse child support. Should the required party fail to satisfy said debt, the intended recipient could appeal to a court to remediate the problem. Should the payer be in significant arrears, courts might issue arrest warrants against said subject.

Failing To Appear In Court

Typically, when a court mandates your appearance before said body, you must show up or face potentially serious consequences. In certain cases, skipping a court date is a criminal offense and said body might respond through the issuance of an arrest warrant against you.

Unpaid Debt

If you failed to satisfy specific debts, said entities might take you to court. If the court rules in their favor, you will be required to pay said remittances. Failure to do so could result in an eventual arrest warrant.

Suspicion Of Criminal Involvement

Arguably, the most common reason an arrest warrant might be issued against you is if a law enforcement establishment possesses credible evidence suggesting your involvement in a criminal case.

Contacting Brennan Law

Respected and renowned national and Philadelphia criminal lawyers at Brennan Law want you to know that mistakes can happen and arrest warrants might be issued either to a wrongly accused suspect or are executed improperly.

Therefore, if you have been subjected to an arrest warrant, Mister Brennan urges you to contact him. He and his team can review your case and determine the best recourse. To learn more about us, please visit https://www.philadelphiacriminallaw.com/.

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