Philadelphia Criminal Law Attorneys
Being accused of a crime is one of the most serious and stressful experiences one can have. When you or a loved one is charged with a crime, you need a seasoned and respected legal team on your side. The Avallone Law Associates are here to represent you, with dedication and competence. Our attorneys have years of experiences in all courts in the five county region and Federal Court. We have a network of investigators and experts at your service. Our legal team offers effective, thorough and comprehensive representation should the need arise.
Avallone Law Associates can represent you in a wide spectrum of legal situations including:
Drunk driving. An arrest for DUI has serious consequences. Your will lose your driving privileges. Your insurance rates will rise. You may spend time in jail. The penalties are getting stiffer all of the time. The attorneys at Avallone Law Associates have the skill and knowledge to get the best possible result from a bad situation. Whether it is challenging the evidence and taking your case to trial, or getting you into a DUI program, we are here for you.
Private criminal complaint. Minor cases where police are not involved --- usually problems between neighbors --- are often handled through private criminal complaints. Beware, there is no such thing as a minor criminal case. If someone files a private criminal complaint, the attorneys at Avallone Law Associates can help you. Most often, these cases can be settled without you getting a criminal record. However, if a trial is required, we will fight for you every step of the way.
Juvenile Court. The consequences of juvenile cases are serious. Admission to college, eligibility for the military, and job prospects can be at risk. Juvenile court records are public records. They are no longer sealed. If you child has a case in Juvenile Court, Avallone Law Associates will fight for you. It may involve a full trial, or negotiating a resolution, or enrolling your son or daughter in a treatment program.
Pre-arrest services. Unless a police officer is an eyewitnesses, most arrests come only after an investigation. If you are suspected of committing a crime, you may be contacted by detectives about giving a statement, turning over evidence, or participating in a line-up. The Fifth Amendment of the Constitution of the United States protects you against self-incrimination. If you are suspected of committing a crime, you must know your rights. Before you waive your rights, you should consult with an attorney. Avallone Law Associates will explain your rights, help you chose the best strategy, and work with you whether you chose to cooperate with the police or fight your case.
Surrender. In most circumstances, police need an arrest warrant signed by a judicial officer before they can make an arrest. If you are notified by detectives of an arrest warrant, you should hire an attorney, Avallone Law Associates can represent you when an arrest is made. We will advise you of your rights, and help you invoke your right to remain silent. We can make an appointment for the surrender, saving you needless embarrassment, inconvenience and possible loss of your rights.
Grand jury proceedings. All Federal cases and many State cases result from grand jury proceedings. If you receive a subpoena to appear before a grand jury, you should have legal representation. You need to know your rights and options.
If you chose to cooperate with prosecutors, you need an attorney to negotiate an agreement and protect your rights. Avallone Law Associates can represent you in Federal and State grand jury proceedings.
Investigations. Detectives investigating a crime may contact you as a witnesses or a possible suspect. In either case, you have Constitutional rights. You should speak to an attorney before you speak to law enforcement authorities. The attorneys at Avallone Law Associates can advise you of your rights and, if you choose, negotiate for you with prosecutors and law enforcement authorities. It is best to begin preparing for your defense as soon as possible. If you are contacted by police, call an attorney first.
Bail. Except in capital cases, a person arrested for a crime has a right to bail. The first proceeding after an arrest is the bail hearing. The accused will appear before a judicial officer, where the charges are read and bail is considered. The attorneys at Avallone Law Associates, can represent you at your bail hearing. We will make your best case for low or nominal bail, pointing out to the court factors such as employment, ties to the community, and likelihood not to offend while on bail.
Preliminary hearings. The first opportunity to challenge the evidence is at the preliminary hearing. To hold an accused for court, the Commonwealth must show that a crime was committed and that there is a likelihood that the accused did it
The accused has the opportunity to cross examine witnesses and argue for dismissal or reduction of the charges. Avallone Law Associates can represent you at your preliminary hearing. We will contest the charges and begin an effective and vigorous defense.
Summary Offenses. The least serious crimes are summary offenses, such as disorderly conduct and harassment. Though such charges usually result in fines, they are serious. A criminal record goes with you through life. Avallone Law Associates is available to protect you. We can represent you at trial, where you may be found not guilty. We can negotiate with the District Attorney so you can be placed in a pre-trial program where charges can be withdrawn.
Misdemeanors. Simple drug possession, simple assault without serious injury, minor thefts are example of misdemeanors. In the counties these cases can result in jury trials. In Philadelphia, misdemeanors are tried before a Municipal Court Judge without a jury. If you are convicted, you have an automatic right to a jury trial in the Court of Common Pleas. Avallone Law Associates can represent you in misdemeanor cases. We can take the case to trial or negotiate a guilty plea. Many misdemeanor cases result in sentences of probation.
Felonies. Drug sales, rape, sexual offenses, gun crimes, assaults involving serious bodily injury, crimes against children and the elderly, robbery and burglary are examples of felonies. Most felony convictions result in jail sentences. Crimes involving guns carry a mandatory five year prison sentence. If you are charged with a felony, it is imperative that you have good representation. Avallone Law Associates will work with you to provide a zealous and effective defense. We will investigate the case, locate witnesses, and bring the latest science and technology to your defense. You can chose be tried by a judge alone or a jury. We also will discuss the case with the District Attorney to present you with all options, so you can make an informed choice of your strategy.
Sentencing hearings. A criminal case does not end with conviction. The Court has to impose a sentence, ranging from probation, community service, fines, treatment programs to state prison. You need competent, zealous representation at your sentencing hearing. You do not have to use the same attorney at sentencing as you had at trial. You have an absolute right to choose a new attorney. Avallone Law Associates can represent you at sentencing. We will develop all evidence which should be heard by the court, such as family situations, good reputation, physical and emotional issues, employment history and unlikelihood to re-offend. A well prepared sentencing hearing can result in less severe sentences.
Post Sentence Motions. The appeals process begins with post sentence motions. It is important to raise all appellate issues at this juncture, so any errors at trial can be addressed before issues are waived and a prison sentence is served. At Avallone Law Associates, our experienced appellate attorneys can preserve your rights and work to get you a new trial.
A.R.D. Many lesser crimes---such as retail theft and minor assaults---can be resolved with A.R.D. (accelerated rehabilitative disposition). A.R.D. is available for first time offenders who are unlikely to offend again. Usually the victim must agree to this disposition. Avallone Law Associates can help you apply for A.R.D. and represent you at the hearing.
Work Release. It is important that a sentencing court know all aspects of the life of a defendant. Such factors include employment and family situations. Often a court will grant work release, whereby the offender reports to his job, but returns to prison at night and on weekends. Work release protects families from loss of income and provides a positive incentive for offenders to successfully complete their sentences. Avallone Law Associates can help you apply for work release and represent you in court at your hearing for work release.
Appeals. Once a person is convicted and sentenced, he or she has a Constitutional right to an appeal before the Superior Court of Pennsylvania. Attorneys for the defense and the Commonwealth submit briefs and argue the case before a panel of three judges. It is important to have an experienced and competent attorney who can identify and preserve your issues and make the best possible argument why you should be granted a new trial. You do not have to use the same attorney on appeal as you used at trial. You have an absolute right to choose an attorney. In many cases, it is better to change attorneys for appeal. Avallone Law Associates has an experienced team of appellate specialists who can represent you on appeal, with energy and commitment.
Post Conviction proceedings. Once all appeals are denied, a prisoner has the right to file a Petition under the Post Conviction Relief Act (PCRA). Generally, a prisoner has one year in which to file a PCRA Petition or his or her rights are lost. Among the grounds available for relief are ineffective assistance of counsel, newly discovered evidence, or retroactive changes in the law. Avallone Law Associates can represent you in your PCRA Petition. We will conduct a thorough review of your trial and appeals, if necessarily, interview witnesses, and give you an evaluation of your options. If you choose, we will prepare and file your PCRA Petition and represent you at court hearings.
Pardons. After a sentence is completed, a convict may apply to the Board of Pardons for a pardon. If granted, a pardon will clear your record. Pardons are difficult to get. The convict must convince the Board of Pardons and then the Governor that he or she has thoroughly reformed and has become an exemplary citizen. Avallone Law Associates can prepare your application for a pardon, obtain evidence in your behalf, and argue your case before the Board of Pardons.
Expungements. If you are found not guilty of criminal charges or if the charges are withdrawn or dismissed without a trial, you still have a criminal record. Expungment means that your criminal record is wiped clean. If you were found not guilty, you have a right to an expungement. Under recent changes in the law, old convictions for minor crimes may be expunged. The Court has discretion to expunge records resulting from dismissal or withdrawal of charges or old convictions. Avallone Law Associates can represent you in expungement petitions. We will prepare your petition, represent you in court, and advise the judge of all the reasons why an expungement should be granted.
Crime victims compensation. If you are a victim of crime, the law is on your side. The State can provide limited compensation for your losses. Avallone Law Associates can help you prepare your Petition for Compensation, making the best possible claim for reimbursement of your losses.
Representation of Victims and Witnesses for Crimes. Coming to court as a victim or witness can be difficult. People often find it helpful to have an attorney to act as liaison with the police and prosecutors. Avallone Law Associates can represent you, standing with you in court, speak to prosecutors, and make sure that your claims for restitution and opinions at sentencing hearings are fully articulated.
The attorneys at Avallone Law Associates are available for you and your family. We will work hard for you. Put our knowledge and commitment to justice on your side. Contact our office for a consultation.
