Criminal Defense

Criminal Offense FAQs

What should I do if I am arrested?

If you are arrested, it’s important to stay calm and take specific steps to protect your legal rights. Here’s what you should do:

1. Remain Calm and Respectful

Do not resist arrest, even if you believe it’s unfair. Resisting can lead to additional charges.
Keep your hands visible and avoid sudden movements.
Be polite and avoid arguing with the police.

2. Exercise Your Right to Remain Silent

You have the right to remain silent. Anything you say can be used against you in court.
Politely say, “I am invoking my right to remain silent,” and do not answer questions about the incident.

3. Request an Attorney Immediately

Clearly state, “I want to speak to an attorney.”
Do not discuss your case with the police without your lawyer present, even if they promise leniency.
If you can’t afford an attorney, one will be provided for you.

4. Do Not Consent to Searches

If the police ask to search your belongings, home, or vehicle, you have the right to say no unless they have a warrant.
Simply say, “I do not consent to a search.”

5. Avoid Talking About Your Case

Do not discuss your case with anyone except your attorney—not friends, family, or cellmates.
Calls from jail are often recorded, and anything you say can be used against you.

6. Gather Important Information

If possible, note the names and badge numbers of the officers involved.
Remember details about the arrest, as they may be helpful in your defense.

7. Contact a Criminal Defense Attorney ASAP

The sooner you have legal representation, the better your chances of a favorable outcome. An experienced attorney can protect your rights, advise you on what to say (or not say), and start building your defense immediately.

If you or a loved one has been arrested, call Mullaney & Mullaney at 610.584.4416. We’re available 24/7 to provide the legal support you need during this critical time.

Are summary offenses that serious?

While summary offenses are considered the least serious type of criminal offense in Pennsylvania, they should still be taken seriously because they can have lasting consequences. Summary offenses are typically minor violations, but they can still affect your record, finances, and future opportunities.

What Are Summary Offenses?

Summary offenses often include:

Disorderly conduct
Underage drinking
Retail theft (minor cases)
Public intoxication
Harassment
Traffic violations

These offenses are usually handled quickly in Magisterial District Courts, and the penalties are less severe than misdemeanors or felonies.

Potential Consequences:

Fines: Typically up to $300, but can be higher depending on the offense.
Jail Time: Up to 90 days in jail for some offenses, especially if it’s a second or subsequent offense.
Criminal Record: A conviction will appear on your criminal record, which can impact job opportunities, professional licenses, or background checks.
Driver’s License Suspension: Certain offenses, like underage drinking, may result in a license suspension.

Why You Should Take It Seriously:

Even though summary offenses are minor, having a conviction on your record can create long-term issues. In some cases, you may be eligible for:

Dismissal through a diversion program
Reduction of charges
Expungement after fulfilling certain conditions

How an Attorney Can Help:

An experienced criminal defense attorney can help you:

Challenge the charges or evidence
Negotiate for a dismissal or reduced charges
Pursue expungement if you’re eligible

If you’ve been charged with a summary offense, don’t underestimate the impact it can have. Contact Mullaney & Mullaney at 610.584.4416 for a free consultation to discuss your options and protect your future.

Misdemeanor vs. Felony

The main difference between a felony and a misdemeanor lies in the severity of the crime and the harshness of the penalties. Both are criminal offenses, but they carry different legal consequences that can significantly affect your life.

1. Felony:

A felony is the most serious type of criminal offense. Felonies often involve violence, significant financial loss, or severe harm to others.

Examples:
- Homicide
- Aggravated assault
- Robbery
- Rape or sexual assault
- Drug trafficking
- Burglary (in certain cases)
Penalties:
- Longer prison sentences: Typically over one year, served in state or federal prison
- Higher fines: Can reach thousands of dollars
- Permanent criminal record
- Loss of rights: Such as the right to vote, own firearms, or hold certain professional licenses
- Difficulty with employment, housing, and education opportunities
Felony Degrees in Pennsylvania:
- First-Degree Felony: Up to 20 years in prison
- Second-Degree Felony: Up to 10 years in prison
- Third-Degree Felony: Up to 7 years in prison

2. Misdemeanor:

A misdemeanor is less serious than a felony but more serious than a summary offense. These crimes often involve minor physical harm, property damage, or non-violent offenses.

Examples:
- Simple assault
- DUI (first offense)
- Theft (under a certain value)
- Vandalism
- Possession of small amounts of drugs
Penalties:
- Jail time: Up to 1 year, usually served in county jail
- Fines: Typically up to $5,000, depending on the offense
- Probation, community service, or mandatory programs
Misdemeanor Degrees in Pennsylvania:
- First-Degree Misdemeanor: Up to 5 years in jail
- Second-Degree Misdemeanor: Up to 2 years in jail
- Third-Degree Misdemeanor: Up to 1 year in jail

Why It Matters:

While misdemeanors carry lighter penalties than felonies, both can result in a criminal record that affects your future. Additionally, a misdemeanor can be elevated to a felony depending on factors like prior offenses, the severity of harm caused, or if a weapon was involved.

If you’re facing any criminal charges, whether misdemeanor or felony, it’s crucial to have legal representation. Contact Mullaney & Mullaney at 610.584.4416 for a free consultation to discuss your case and protect your rights.

Probation vs. Parole

The key difference between probation and parole lies in when they occur and why they are granted. Both serve as alternatives to incarceration, but they function differently within the criminal justice system.

1. Probation – An Alternative to Jail

Definition: Probation is a court-ordered sentence that allows a person to remain in the community instead of serving jail time, under specific conditions.
When It Happens: Given as part of a sentence instead of prison or jail time.
Supervision: The individual must report to a probation officer and follow court-imposed rules.
Common Probation Conditions:
- Regular check-ins with a probation officer
- No further criminal activity
- Drug and alcohol testing
- Community service
- Restrictions on travel, employment, or associations
Consequences of Violating Probation:
- Additional restrictions
- Extended probation period
- Jail or prison time if violations are severe

2. Parole – Early Release from Prison

Definition: Parole is the supervised release of a person from prison before completing their full sentence, granted based on good behavior and rehabilitation.
When It Happens: After serving part of a prison sentence, often granted by a parole board.
Supervision: The individual must follow strict conditions under the watch of a parole officer.
Common Parole Conditions:
- Regular meetings with a parole officer
- Restrictions on employment and residency
- Mandatory counseling or rehabilitation programs
- Drug and alcohol testing
- Avoiding certain individuals or locations
Consequences of Violating Parole:
- Return to prison to serve the remainder of the sentence
- Stricter conditions upon release

Key Differences at a Glance

Factor	Probation	Parole
When It Happens	Instead of jail/prison	After serving part of a sentence
Who Grants It	Judge	Parole Board
Supervised By	Probation Officer	Parole Officer
Purpose	Avoids jail time	Early release from prison
Violation Consequences	Jail time or stricter probation	Return to prison

Why This Matters

Both probation and parole help individuals reintegrate into society, but violating the terms can lead to serious legal consequences. If you or a loved one is facing probation or parole issues, contact Mullaney & Mullaney at 610.584.4416 for a free consultation to protect your rights and future.