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Gearty Law’s criminal defense attorneys have experience handling a wide range of criminal defense cases throughout many different counties in PA. We have handled everything from very serious offenses such as rape and aggravated assault to simple matters such as simple possession, summary retail theft, or disorderly conduct. Regardless of the seriousness of the charge, anytime someone is charged with a crime, there is a potential for serious consequences, ie: loss of job, damaged reputation, excessive fines, and potentially loss of freedom. Since there is so much on the line with every criminal defense case, it is critical that a criminal defense attorney be retained right away and no statements should be given prior to speaking with your attorney. Below is some more information on certain criminal offenses. If you are in need of a criminal defense attorney in Lancaster County, Dauphin County, York County, Berks County, or Cumberland County, call us today for a free phone consultation.

SEX OFFENSES

Sex crimes are a particular set of crimes that can carry severe and life long consequences. Often times, the police and prosecutors will file charges just based off of the word of an alleged victim and sometimes will do this even though there is absolutely no scientific or other evidence to support the alleged victims accounts. A single allegation by such a person has the potential to ruin someones life. Convictions for certain sex offenses carry mandatory minimum sentences of years in State prison. In addition to prison time, a conviction or plea to a sex offense will result in Megan’s Law reporting, potentially for the rest of the defendant’s life, depending on the charge. When someone is charged with a sex offense, they should retain a lawyer and law firm that has experience handling sex offense cases. These sort of cases are different from many other criminal matters and take knowledge of both the laws and science involved. Attorney Gearty is an experienced criminal defense attorney that has handled a variety of sex offense charges. In addition to Attorney Gearty’s experiences, the firm utilizes the experience of a registered nurse to assist with evaluating any medical evidence and we utilize the experience and education of other professionals, such as social workers who can help identify whether there are issues with the victim or other witnesses that would be helpful with the case.

Attorney Gearty will review the evidence, will seek speak with our professionals, and will seek out and use other experts to fully evaluate your case. Once your case has been completely and thoroughly evaluated, the various options will be explained to the defendant (ie, plea, trial, pre-trial motions such as suppression motions, etc). Attorney Gearty will always consider all options and will explain each option to the client. Attorney Gearty isn’t afraid to take cases to trial and will do so when the case warrants such.

PA DRUG OFFENSES

Drug offenses are often over prosecuted. We have seen times where a defendant was charged with possession with intent to deliver when there was no evidence to support the position that the defendant actually intended to sale the drugs. The police and prosecutors can, and often do, charge people with possession with intent simply based off of the amount of drugs that are found in their possession. For example, if a person is found to possess 15 bags of heroin, he may be charged with the more serious offense of possession with intent to deliver. However, every drug case is different. There are plenty of addicts that may possess that many bags of heroin or more at any given time and that addict may not intend to do anything with those drugs other than use them. If charged with possession of the heroin instead of possession with intent, the addict would be facing a much lower sentence. Attorney Gearty spent many years working in drug and alcohol treatment prior to becoming an attorney and those experiences help Attorney Gearty bring a unique perspective to drug cases. In cases where the defendant agrees that he did possess the substance, Attorney Gearty will help the client try to get into treatment and will attempt to negotiate a plea that includes treatment instead of jail or will argue the same to the court. We believe that too many addicts are being sentenced to jail instead of given the chance at treatment. We believe that using jail instead of treatment is bad for the defendant as well as bad for the community as a whole as a jail sentence does nothing to solve the problem going forward.
In drug cases, there are many times where the police over step their limits when conducting a search. For each drug case, we take a close look at the circumstances around the search to determine whether there is a suppression issue or not.

Certain drug offenses carry mandatory minimum sentences, such as school zone enhancements and certain mandatory minimums when certain weight requirements are met. These mandatory minimum sentences often require state prison time, even when there has been no prior criminal record.

If you or anyone you know has been arrested for a drug offense, call our drug crimes defense attorney today for a free consultation.

CONCLUSION
Due to the seriousness of facing a criminal charge, it is critical that you hire a criminal defense attorney right after being charged or even once you know you are being investigated. The police have the benefit of using the advice of the attorneys in the district attorneys office from the beginning of the case, so it is important that the defendant have that same level of representation.

Here at Gearty Law, we are prepared to assist each client with their criminal defense case, regardless of the crime. We will represent the defendant at the preliminary hearing, will argue for a reasonable bail, will file a bail modification petition if need be, will explore ARD as an option when appropriate, will file any pre-trial motions, will engage in meaningful plea negotiations, and will take your case to a jury trial if need be. We believe that each case deserves a complete and thorough evaluation before making any decisions that can affect the case and we thoroughly explain those options to each client, so the client can meaningfully participate in their case.

More posts on other areas of criminal law to follow.