This information is for summary offenses and misdemeanor charges only. If you are facing felony charges, consult with a qualified criminal defense attorney immediately.
Know Your Rights
The U.S. Constitution and Pennsylvania law guarantee important protections for anyone accused of a crime. Understanding these rights is the first step in protecting yourself.
Right to Remain Silent
5th Amendment
You cannot be compelled to testify against yourself. Anything you say can be used against you.
Right to an Attorney
6th Amendment
You have the right to have an attorney present during questioning and at trial. If you cannot afford one, one will be appointed.
Right to a Speedy Trial
6th Amendment / Pa.R.Crim.P. 600
Trial must commence within 365 days of the criminal complaint. Delays caused by the defendant are excluded.
Right to Confront Witnesses
6th Amendment
You have the right to cross-examine all witnesses testifying against you.
Right Against Unreasonable Search
4th Amendment
Police generally need a warrant or valid exception to search you, your home, or your vehicle.
Right to a Jury Trial
6th Amendment
For serious offenses (misdemeanor and above), you have the right to a trial by jury.
Presumption of Innocence
14th Amendment Due Process
You are presumed innocent until proven guilty beyond a reasonable doubt.
What to Do During a Police Encounter
Stay Calm
Do not resist, run, or argue. Keep your hands visible at all times.
Identify Yourself
In PA, you must provide your name if asked during a lawful stop. You do not need to answer further questions.
Invoke Your Rights Clearly
Say: "I am invoking my right to remain silent" and "I want an attorney." Then stop talking.
Do Not Consent to Searches
Politely state: "I do not consent to a search." Officers may search anyway, but your objection preserves your rights for court.