5 Reasons Why You Should Hire an Attorney for a Felony Charge

Being convicted of a felony charge can have a devastating impact on your life and the lives of your loved ones. Seeking the counsel of experienced criminal defense lawyers can save time, money and even your freedom in the long run. If you have been charged with a crime, these five reasons for hiring an attorney are important to keep in mind.

1. The Law is Complex

Navigating the law by yourself can be a convoluted, confusing and often frustrating process. Knowledgeable attorneys never stop learning. Whether they are lawyers for real estate or their focus is in criminal law, good attorneysspend years of practicing, learning and staying current in their understanding of the law.

2. Proper Procedure is Critical

Felony cases involve a lot of paperwork that must be filed according to strict procedures. Missing a deadline or filing a motion incorrectly can set you back months and jeopardize your chances for achieving a positive outcome in your case. An attorney who understands the ins and outs of the law is well aware of filing deadlines and how to file paperwork with clerks or the court. Following proper procedure can also mean the difference between awaiting trial at home instead of in jail.

3. A Criminal Lawyer Can Help You Avoid a Trial

The vast majority of criminal charges are settled pretrial. A criminal defense attorney may negotiate a plea bargain to get charges and penalties reduced. Your lawyer may even be able to get your case dismissed depending on the evidence that is uncovered about the circumstances of the alleged crime. Getting a felony charge reduced to a lesser charge is significant because certain misdemeanor convictions may be eligible for expungement down the road. However, a felony conviction cannot be removed from your criminal record without a pardon from the Governor.

4. Defense Attorneys Know how to Poke Holes in the Prosecution’s Argument

A person who is not familiar with criminal law may not realize that there are often legal loopholes and weak points in the prosecution’s case.  An experienced attorney can better recognize the weak point in the prosecution’s argument. Human error and the proper handling of evidence are of huge concern in a criminal trial. A good criminal defense team has the resources to comb through all evidence filed. If any inconsistencies are found, your attorney will definitely bring them up in front of a judge or jury. Your lawyer will also know how to ask the right questions when someone is on the witness stand. Seasoned attorneys are well-versed in using effective strategies to debunk or discredit a witness’s story, which may sway a judge and jury to look at your case in a different light.

5. Law Firms have Access to Resources and Connections

Chester County felony lawyers have all types of tools at their disposal, including private investigators, professionals who specialize in accident and crime scene reconstruction, industry experts and other resources that can lend credibility to your defense. The cost of hiring these professionals yourself can be astronomical, and finding them can be nearly impossible on your own. Many defense attorneys are former prosecutors and not only have a deep understanding of how the system works, but have longstanding relationships with judges, prosecutors, legal clerks and law enforcement that can help you come to a better resolution more quickly, which ultimately saves you time, money and may lead to a reduced sentence or dismissal.

Having access to professional legal advice is invaluable and can save you and your family a lot of stress, worry and confusion. Our experienced criminal defense attorneys at Carosella & Associates advise you on the best course of action and work tirelessly to protect your rights and represent your interests. If you’ve been charged with a felony involving your business practices, our business liability lawyers work closely with our criminal attorneys to develop the best defense possible.

This blog was originally posted at https://carosella.com/5-reasons-why-you-should-hire-an-attorney-for-a-felony-charge/

Child Support vs. Child Custody in Pennsylvania

When it comes to issues surrounding child custody and financial support, it is important to understand the law to ensure your child’s best interests and your rights are protected. Whether you’re going through a divorce or need to make changes to an existing custody and child support agreement, seeking the counsel of local divorce attorneys who are well-versed in the nuances of Pennsylvania law is vital.

Types of Child Custody

Custody arrangements vary according to each family’s individual circumstances.  Having an experienced divorce attorney help you create an effective parenting plan can help you avoid some of the pitfalls and conflicts that often arise when it comes to hashing out custody with your child’s parent.

With sole custody, only one parent has custody of a child. Shared custody allows both parents to have custody, sometimes with full parental rights and responsibilities. Although sole and shared custody define who has custody of a child, legal and physical custody determine what their type of custody allows them to do. Physical custody is the right to have your child physically with you, living in your home. Parents with legal custody have the right to make major decisions for their child, including medical, religious and educational decisions.

How is Child Support Determined?

Child support is designed to ensure that each parent takes a role in providing for the financial needs of their children. Often, if one parent has sole physical custody, the parent with visitation rights will end up paying child support. However, child support obligations are not solely based on who has physical custody of the child.  In Pennsylvania, child support amounts are determined by including the gross income of both parents to determine a base amount they could provide had the family remained together. The amount of parenting time that each person spends with the children is also factored in the calculation of child support.

Support may be adjusted depending on the number of days and nights the child spends with each parent, childcare, health insurance costs, school tuition and public assistance. Even in a 50/50 shared custody arrangement, if one parent has a higher income that parent may be required to provide some child support to the other. A family law attorney will make sure all eligible income and expenses are taken into account and can help you reach a fair support agreement and file a petition with the court when necessary.

How a Family Law Attorney can Help

Custody and child support are complex issues that cannot simply be “split down the middle.” Children deserve to have happy, healthy relationships with both of their parents as long as it is safe for them to do so. Even if you and the other parent do not get along, it is important to remember that your children’s best interests should always be a top priority in any custody or support arrangement. The seasoned attorneys at our law firm in West Chester act as your advocate to help you develop custody and support agreements that are beneficial to everyone involved.

This blog was originally posted at https://carosella.com/child-support-vs-child-custody-in-pennsylvania/

What is the Expungement Process in Pennsylvania? Here’s the Info

A criminal record can have a serious impact on your ability to lead a stable life. Most employers and landlords run criminal background checks, which can make it difficult to secure employment and housing. A criminal defense attorney can help you understand the expungement process in Pennsylvania, which can be an effective solution to help you leave the past behind, improve your quality of life and find success.

What is Expungement?

If you meet certain criteria, the expungement process can completely remove all record that you were ever charged or convicted of a crime. In Pennsylvania, you can have charges removed from your record if they were dismissed, you were found not guilty, if the charges were withdrawn and when no further action is taken. Charges can also be expunged if you pleaded guilty of or were found guilty of a summary offense, provided that you were not arrested or prosecuted for a period of five years following the conviction. There are also specific rules and requirements for those seeking expungement of juvenile arrests and convictions.

A summary offense is the most minor type of criminal offense in Pennsylvania, but conviction for a summary offense is still considered a criminal conviction. Summary offenses include minor retail theft, loitering, disorderly conduct and harassment, among others. The PA Legislature also recently passed a “Clean Slate” law, which expands the types of misdemeanor offenses that may be eligible for expungement.

In some Pennsylvania counties, Section 17 and ARD programs allow first-time offenders to have their records expunged after fulfilling all court-ordered requirements. If you are eligible for one of these programs, it is vital to seek the assistance of a Chester County criminal lawyer to ensure the expungement process is properly carried out after all of your obligations have been filled.

The Expungement Process

In order to obtain an expungement, you must file a petition for expungement with appropriate documentation and filing fees at the Clerk of Courts in the applicable county. A hearing will then be scheduled in the Court of Common Pleas. A judge will hear your testimony and review evidence, and issue an Order for Expungement if they determine it is appropriate. The Clerk of Courts will send certified copies to all agencies that hold your record. When these agencies receive the Order, they must destroy all paperwork and electronic information pertaining to your case. Your defense attorneys in West Chester should follow up with these agencies and monitor their compliance to ensure your records are completely cleared.  They will also collect verifications to ensure you receive documentation of the expungement from each agency. If you have been charged with a felony or are not eligible for an expungement for other reasons, you may submit an application the Pennsylvania Board of Pardons to receive a pardon from the governor.

The rules surrounding expungement can be complex. Our experienced criminal defense lawyers in Chester, Delaware and Montgomery Counties can explain your legal options, discuss possible strategies and advise you on the best course of action to expunge or clear your criminal record.

This blog was originally posted at https://carosella.com/what-is-the-expungement-process-in-pennsylvania-heres-the-info/