Pennsylvania Criminal Defense Attorneys

At DearLegal, we connect you with experienced Pennsylvania criminal defense attorneys who navigate the Sentencing Guidelines grid, Accelerated Rehabilitative Disposition (ARD), the Clean Slate Act (2018), and Pennsylvania’s nuanced criminal procedure. Whether your case is in Philadelphia, Allegheny (Pittsburgh), Montgomery, Bucks, Chester, Delaware, Lancaster, or anywhere across Pennsylvania’s 67 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Pennsylvania State Police, PSP, Philadelphia PD, Pittsburgh PD, and federal agents in PA use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Pa. Const. Art. I, § 9 right against self-incrimination.

Yes. Pennsylvania First-Degree misdemeanors carry up to 5 years state prison and $10,000 fines under 18 Pa.C.S. § 1104. ARD (Accelerated Rehabilitative Disposition) under Pa.R.Crim.P. 300 et seq. — uniquely valuable — leads to dismissal and automatic expungement. Other options: probation without verdict (drug — 35 P.S. § 780-117), Section 17 disposition. DV and DUI convictions trigger major collateral consequences.

State cases go through Pennsylvania Court of Common Pleas. Federal cases go to U.S. District Court for the Eastern (Philadelphia, Allentown, Reading, Easton), Middle (Harrisburg, Scranton, Williamsport), or Western (Pittsburgh, Erie, Johnstown) District of Pennsylvania under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking, § 922(g) firearm cases, wire fraud, healthcare fraud, and federal organized crime.

Pennsylvania plea agreements under Pa.R.Crim.P. 590 are negotiated between the District Attorney and defense. Pleas can include charge reductions, ARD (Pa.R.Crim.P. 300 — pretrial diversion ending in dismissal), Section 17 / Probation Without Verdict (35 P.S. § 780-117 for drug), drug court entry, mental health court entry, and stipulated sentence recommendations.

Yes — Pennsylvania has one of the most progressive sealing/expungement frameworks. The Clean Slate Act (2018) provides automatic sealing of many misdemeanor records after 10 years; Clean Slate 3.0 (2023) expanded to certain felonies. Petition-based expungement under 18 Pa.C.S. § 9122 broader for non-convictions, summary offenses after 5 years, and certain other categories. ARD completion = automatic expungement.

Pennsylvania handles juveniles under 18 in juvenile court under 42 Pa.C.S. § 6301 et seq. Juvenile records are confidential. Expungement under § 6308 (post-disposition) — Pennsylvania’s juvenile expungement is relatively broad. Transfer to adult court for 14+ for serious felonies under § 6322; some offenses charged directly in adult court (excluded offenses).

Pennsylvania DUI under 75 Pa.C.S. § 3802 uses tiered BAC: General Impairment (.08-.099, ungraded misdemeanor), High BAC (.10-.159), Highest BAC (.16+). First offense General Impairment: probation, no jail. First offense Highest BAC: 72 hours minimum jail. Implied consent under 75 Pa.C.S. § 1547 — refusal triggers 12-month administrative license suspension. IID under 75 Pa.C.S. § 3805. Third DUI is a felony in some circumstances.

Why Do You Need a Criminal Defense Attorney in Pennsylvania?

Pennsylvania grades crimes under 18 Pa.C.S. § 106. Felonies are First Degree (up to 20 years), Second Degree (up to 10), Third Degree (up to 7), or Unclassified (statute-specific). Misdemeanors are First Degree (up to 5), Second Degree (up to 2), Third Degree (up to 1). Murder of the First Degree carries mandatory life without parole or death (Pennsylvania retains the death penalty though there is a current gubernatorial moratorium). Pennsylvania Sentencing Guidelines (204 Pa. Code § 303) provide presumptive ranges based on Offense Gravity Score and Prior Record Score. Pennsylvania has medical-only marijuana (Act 16 of 2016, 35 P.S. § 10231.101 et seq.) — recreational possession remains illegal; possession of small amounts in Philadelphia is heavily decriminalized but state law still applies elsewhere. Pennsylvania’s Clean Slate Act (2018, P.L. 706, codified at 18 Pa.C.S. § 9122.1 et seq.) was a national model — providing automatic sealing of many misdemeanor records after 10 years (later expanded). The Clean Slate 3.0 Act (2023) expanded to certain felony records. Pennsylvania Accelerated Rehabilitative Disposition (ARD) under Pa.R.Crim.P. 300 et seq. is uniquely valuable — a pretrial diversion program ending in dismissal and automatic expungement upon completion. Pennsylvania District Attorneys plea-bargain extensively, and Philadelphia DA Larry Krasner’s office has notably progressive policies.

When Do You Need a Criminal Defense Attorney in Pennsylvania?

Our network includes Pennsylvania criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Pennsylvania

From the moment you connect with a Pennsylvania criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to PSP, Philadelphia PD, Pittsburgh PD, or any Pennsylvania officer without an attorney

Consenting to a search when Pa. Const. Art. I, § 8 may require a warrant

Missing a Pennsylvania court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Pennsylvania DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with or Fabricating Physical Evidence (18 Pa.C.S. § 4910) is an M2 misdemeanor

Accepting the DA’s first plea offer without exploring ARD, Section 17, drug court, mental health court, or charge reduction

Talking to PSP, Philadelphia PD, Pittsburgh PD, or any Pennsylvania officer without an attorney

Consenting to a search when Pa. Const. Art. I, § 8 may require a warrant

Missing a Pennsylvania court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Pennsylvania DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with or Fabricating Physical Evidence (18 Pa.C.S. § 4910) is an M2 misdemeanor

Accepting the DA’s first plea offer without exploring ARD, Section 17, drug court, mental health court, or charge reduction

Common Pennsylvania Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Pennsylvania Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Pennsylvania work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Pa. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Defender Association of Philadelphia, Allegheny County Public Defender, and county public defender offices represent indigent defendants — DAP is one of the largest and most respected PD offices in the country.

What Can Your Pennsylvania Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, omnibus pretrial motion, speedy trial under Pa.R.Crim.P. 600 (Pennsylvania has aggressive 365-day speedy trial rule), preliminary hearing dismissal, or DA nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor, from F1 to F2/F3, removal of deadly weapon enhancement or mandatory minimum allegations.

ARD / Section 17 / Probation Without Verdict

Accelerated Rehabilitative Disposition (Pa.R.Crim.P. 300 et seq.) — pretrial diversion, completion = dismissal and automatic expungement. Section 17 / Probation Without Verdict under 35 P.S. § 780-117 for drug offenses. Drug court, mental health court, veterans court, DUI court.

Plea Agreement

Negotiated resolution under Pa.R.Crim.P. 590. Includes charge reductions, dismissed counts, recommended sentences within guidelines, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Pennsylvania jury or judge. Pennsylvania criminal juries are 12 for felonies, 6 for some misdemeanors, and must be unanimous (Pa. Const. Art. I, § 6).

Post-Conviction Relief

Pennsylvania PCRA (42 Pa.C.S. § 9541 et seq.) — 1-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. Successor petitions restricted.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Pennsylvania Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Pennsylvania?

When Do You Need a Criminal Defense Attorney in Pennsylvania?

Types of Criminal Defense Cases in Pennsylvania

Common Pennsylvania Criminal Defense Mistakes

How Much Do Pennsylvania Criminal Defense Attorneys Cost?

What Can Your Pennsylvania Criminal Defense Compensation Include?

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