Best Criminal Defense Attorneys in Philadelphia, PA
Compare Top Criminal Defense Attorneys
LAWYER NAME | PA BAR ASSOCIATION STATUS | YEAR ADMITTED TO PA BAR | LAW SCHOOL ATTENDED | LEARN MORE |
---|---|---|---|---|
William J. Brennan | Active | 1987 | Temple University Beasley School of Law | |
Michael Anthony DeFino | Active | 1978 | Villanova University School of Law | |
Thomas O. Fitzpatrick | Active | 2004 | Villanova University School of Law | |
Zak T. Goldstein | Active | 2011 | Villanova University School of Law | |
Ronald L. Greenblatt | Active | 1987 | Rutgers School of Law – Camden | |
Joseph M. Marrone | Active | 1992 | Michigan State University College of Law | |
Marc Neff | Active | 1986 | Rutgers School of Law – Camden | |
Melanie K. Silverstein | Active | 2010 | Villanova University School of Law | |
Gerald S. Stanshine | Active | 1974 | George Washington University Law School | |
Michael T. van der Veen | Active | 1995 | Quinnipiac University School of Law |
What Is a Criminal Defense Lawyer?
Criminal defense lawyers represent individuals charged with crimes, ensuring that they have a legal advocate in court. In addition to laying out the facts of your case before a judge or jury, a criminal lawyer explains the rights of a charged individual and what their best course of action may be. In some cases, this could mean negotiating a plea bargain with the prosecutor.
Public Defender vs. Private Criminal Attorney
If you have been charged with a crime, you have three options regarding legal representation: representing yourself, working with a public defender or working with a private lawyer.
A public defender is an attorney appointed by the court to your case if you lack the funds needed to hire a private attorney. Individuals who are represented by public defenders do not pay legal fees—a major plus for some, as legal fees can be quite expensive.
In contrast, a private attorney can be quite costly for criminal cases. However, private attorneys typically have lower caseloads than public defenders and can spend more time on each individual case.
Keep in mind that regardless of which type of lawyer you choose to represent you, every person has the right to an attorney for all criminal prosecutions—according to Pennsylvania law. The law only provides for a public defender, however, if the defendant can’t afford an attorney.
Should You Represent Yourself In a Criminal Case?
Rather than use an attorney, everyone has the right to represent themselves in the courtroom. For cases that only involve small fines—such as summary offenses—this may be a reasonable option. However, in situations where a person is charged with a more severe misdemeanor, such as a DUI, having an attorney on their side increases their chances of a successful outcome.
Understanding the Legal Process for Criminal Cases
Although every criminal case has specific nuances and circumstances, every case must follow specific procedures regardless of its complexity.
- Arrest. A police officer will arrest you, read you your Miranda Rights and take you to the local station for processing. At the station, your personal information will be collected, and evidence may be collected.
- Arraignment or Bail. During an arraignment, the charged person appears before a judge, read the criminal charges against them and advised of their rights in court. The accused is also notified whether or not they are given bail—and how much it is.
- Pre-Trial. If the charged individual has not pled guilty, then the pre-trial stage begins. Before trial, the prosecutor presents evidence showing that—at face value—a crime likely has been committed by the defendant.
- Trial. During the trial stage, the defendant may choose to be tried by a jury or judge. The prosecutor presents evidence to establish the guilt of the defendant beyond a reasonable doubt. The defense may offer testimony or evidence to counter the prosecutor’s arguments, but they are under no obligation to do so.
- Sentencing. If found guilty, the defendant is given a sentence to serve in the form of jail time, probation, fines or other punishments deemed appropriate by the judge. To determine the minimum jail sentence required, the judge will likely consult sentencing guidelines established by the Pennsylvania Commission on Sentencing.
Resolving a Criminal Case in Pennsylvania
If you have been charged with a crime or even been convicted, you still have a number of options to be aware of. You can plea bargain or negotiate with the prosecutor to plead guilty in exchange for a reduced sentence. If you are convicted, the severity of your sentence depends on a number of factors, such as if you are a repeat offender.
If you have been convicted of a misdemeanor, your sentencing will depend on the severity of the crime committed. For example, a first-degree misdemeanor, such as assault, comes with a maximum jail sentence of up to five years and a fine of up to $10,000. Lesser crimes like harassment—known as summary offenses—come with potential jail time of up to 90 days.
Pennsylvania law also states that upon conviction for any crime involving property damage or damage to an individual directly from the crime, the convicted person must be sentenced to make financial restitution for the crime. This is in addition to any jail time or fines for the crime.
Expungement in Pennsylvania
Expungement is the process where criminal information is removed from state databases and destroyed or when a criminal record is sealed—effectively removing the record from the general public. However, law enforcement and other officials may be able to view it.
In Pennsylvania, expungement of a criminal record is only available under the following circumstances:
- The individual with a criminal record is 70 years old and has not been arrested or prosecuted for the last 10 years.
- The individual died three or more years ago.
- The previously convicted individual petitions the court and has been free of arrest or prosecution for at least five years following their conviction.
Expungement is not a possibility for individuals who have been charged with first-degree felonies, such as murder. In order for their record to be cleared, they must obtain a pardon from the governor.
Pennsylvania also offers convicted and charged but non-convicted persons the ability to petition the court to have their records sealed from the public. Pennsylvania has laws in place that allow for automatic sealing of criminal records for arrests in some situations, such as those that did not result in a conviction within 60 days.
How to Choose the Best Criminal Defense Lawyer in Philadelphia, PA
Though Philadelphia is home to exceptional criminal defense attorneys, sheer competence in their field is not enough for a lawyer to be a match for your case. Here are some qualities and features you should look for when looking for the best criminal defense lawyers.
- Relevant experience. Criminal charges cover a vast spectrum, so selecting a lawyer who has experience with your specific matter is crucial. Finding a lawyer who has dealt with numerous cases like yours could result in a lower legal bill as well—if they operate on an hourly basis.
- Proven track record. Look for lawyers who have a list of wins in court, whether that be full acquittals or not guilty verdicts. Trial experience can be key when it comes to complex criminal defense matters.
- Organized. Between managing evidence, preparing arguments, navigating court filings and potentially organizing plea bargains, criminal lawyers have a lot on their plate. Finding a lawyer who is well-organized means your case will get the attention it deserves.
Methodology
To come up with the criminal defense lawyers in Philadelphia in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the statute of limitations for a misdemeanor in Pennsylvania?
The time limit a prosecutor has to file a formal misdemeanor criminal offense is two years. More severe crimes, such as murder or voluntary manslaughter, carry no time limit for filing formal charges.
How long does a felony conviction stay on my criminal record in Pennsylvania?
According to Pennsylvania law, felony convictions cannot be expunged from a criminal record—unless they obtain a governor’s pardon. A governor’s pardon completely clears a criminal record and relieves any legal adversities that come with having a criminal record.
How much does a criminal lawyer cost in Pennsylvania?
Regardless of the billing model, fees for a criminal lawyer scale with the severity of the criminal offense you are charged with. A simple misdemeanor may set you back a few thousand dollars, whereas a complex felony charge could cost up to six figures or more.