Criminal Defense

Criminal charges can range from DUI, theft and drug offenses to assault, embezzlement and violent crimes.

It’s important to remember that there are serious consequences for a guilty verdict in any of these situations, including jail time, loss of your driver’s license or heavy fines.

Having the right criminal defense lawyer on your side could keep you out of jail.

Criminal Defense

Criminal charges can range from DUI, theft and drug offenses to assault, embezzlement and violent crimes.

It’s important to remember that there are serious consequences for a guilty verdict in any of these situations, including jail time, loss of your driver’s license or heavy fines.

Having the right criminal defense lawyer on your side could keep you out of jail.

To Do List

What to do if you’re facing criminal charges:

1

st
Step
Do not speak to the police or make any written statements without consulting a lawyer first.

2

nd
Step

You have the right to represent yourself, but the harsher the penalty you’re facing, the more important it is to be represented by an experienced criminal defense lawyer.

3

rd
Step

Once you’ve found a lawyer that you’re considering, find out what the fee would be. While many criminal defense fees are on a case-by-case basis, it’s important to have an idea of what it will cost you when considering your options.

4

th
Step

Your attorney can and will give you advice, but it’s important to know that you, the client, retain the right to make the decisions throughout the process of your case.

5

th
Step

You have Attorney / Client privileges, which means that your lawyer must keep your confidences, with few exceptions.

Stats

People who rely on a public defender are more likely to go to prison, and more likely to serve a longer sentence than those who hire a criminal defense attorney.

About 75% of inmates in state prisons received publicly-provided legal counsel for their cases.

Do I Have a Case?

Criminal defense cases can range anywhere from federal charges to state charges. The expert attorneys at Phil DiLucente & Associates are experienced with handling anything from minor misdemeanors to serious felonies. We’ve defended our clients against drug offenses, assault charges, and theft charges. 

Our expertise affords superior defense from embezzlement, drunk driving, and DUI charges. We also specialize in PFA, bail/bond reduction, and pardons/expungement cases.

If you or a loved one needs someone in your corner to defend you, call Phil DiLucente & Associates now. 

Statute of Limitations

If you don’t have an active warrant out for your arrest, the statute of limitations for the following offenses are as follows in Pennsylvania:

Arson
Assault and Battery
Burglary
Disorderly Conduct
False Imprisonment
Kidnapping
Manslaughter, voluntary
Manslaughter, involuntary
Murder
Rape
Receiving stolen property
Robbery
Theft
Arson
5
Years
Assault and Battery
2 - 5
Years
Burglary
5
Years
Disorderly Conduct
2
Years
False Imprisonment
2
Years
Kidnapping
5
Years
Manslaughter, Voluntary
!
No Time limit
Manslaughter, Involuntary
2
Years
Murder
!
No Time Limit
Rape
12
Years
Recieving Stolen Property
2
Years
Robbery
5
Years
Theft
5
Years

Please do not hesitate to contact Phil DiLucente & Associates with any questions you may have.

FAQ

Yes. There are far too many instances where an accused person has attempted to represent themselves, only to be robbed of the justice he or she deserves. In any criminal case, it is in your best interest to have an attorney fighting for you. A lawyer works to safeguard your rights and keep the prosecution at bay. Our extensive experience in criminal defense has endowed us with a breadth of knowledge in creating the strongest defense possible. For the best chance of success in your case, call Phil DiLucente & Associates now.

These terms are used to indicate the degree of the offense. A misdemeanor is a charge for less serious offenses, resulting in a maximum of one year in jail. A felony is a charge for serious offenses, and result in a minimum of one year in prison.

Do not speak to law enforcement. Do not issue a statement, answer questions, or sign anything without your attorney present. Your answer to police should always be no. This will prevent any incrimination of yourself, because anything you say can and will be used against you in a court of law.

No. Unless they have a valid warrant, do not let the police search your property. Ask to see the warrant rather than assuming they have one, otherwise you’re sacrificing your Fourth Amendment right. If the police do not have a valid warrant, you should not allow them to search your property.

You can refuse field sobriety tests. However, even without performing the tests, you can still be arrested for DUI. The implied consent law in Pennsylvania does apply for chemical testing. By law, when arrested for DUI, you are required to take a chemical test. At this point, if you refuse, you can face consequences.

Yes. In fact, state police departments are training their troopers to spot signs of impaired driving from prescription medication. Prosecutions of DUI’s stemming from drugged driving, whether the drugs are prescription or illegal, are rising by the month.

The Breathalyzer Test is often inaccurate, and no blood test is ever fully reliable. They are designed as speedy measures to determine approximately how much alcohol is in your system, not calculated assessments of alcohol in your body. Our attorneys at Phil DiLucente & Associates understand the science of DUI cases, and can challenge the method as well as the accuracy of the tests performed in order to have the results dismissed.

No. The Department of Health must have set a minimum detection level in order for the drug reading to be considered viable evidence. This provides great defense to DUI charges, since drug test results can only be employed if they exceed a pre-existing Department of Health rating.

This depends on the amount of prior offenses you have charged against you. Upon conviction of a crime, you could be given anything from 6 months probation to 5 years in state prison. As it pertains to DUI, you could lose your driver’s license for up to 18 months, be required to use an Ignition Interlock system, and pay fines of up to $10,000. You may also cause your insurance rates to double or even triple, and it’s possible you may lose your job and/or home.

Essentially, they are all the same. Driving After Imbibing (DAI) is now the official term for the crime of drunk driving, replacing the old term of Driving Under the Influence (DUI). Driving While Intoxicated (DWI) is the legal term in a multitude of other states, but an informal one in Pennsylvania.

Arrest, court processes, and detention all run a bit differently for a juvenile than they do for an adult. In most cases, there are more avenues for rehabilitative and monitoring programs. However, serious crimes can still result in detention. Should you have a child charged with a criminal offense, do not hesitate to contact Phil DiLucente & Associates right away. We will protect your child’s rights and ensure your child is treated fairly throughout the legal process.