How Criminal Cases Begin in Montgomery County
Criminal charges in Montgomery County generally begin in one of two ways: through an arrest or through a summons.
When a case begins with an arrest, law enforcement takes the individual into custody and formally files criminal charges at that time. Depending on the circumstances, the person may either be released after processing or held for further court proceedings.
In other situations, charges are initiated through a summons. Instead of making an immediate arrest, law enforcement files a criminal complaint and mails notice of the charges to the accused person. The paperwork typically includes instructions requiring the defendant to appear for a preliminary arraignment and, in many cases, a preliminary hearing.
Preliminary Arraignment
Individuals who are arrested in Montgomery County are generally brought before a District Judge within approximately 24 hours. During this proceeding, the judge reviews the charges and determines bail conditions. If bail is denied or the defendant remains in custody, the matter is usually reviewed again by a Court of Common Pleas judge on the next business day.
For defendants charged by summons, the preliminary arraignment often occurs on the same day as the preliminary hearing. At that stage, the court formally advises the defendant of the charges and sets bail conditions.
Preliminary Hearing
The preliminary hearing is typically the first major stage of the criminal court process. This hearing provides the defense with an important opportunity to review the government’s evidence, hear witness testimony, and challenge whether prosecutors have presented enough evidence to move the case forward.
At the hearing, the prosecution must establish what is known as a prima facie case. This means the Commonwealth must present sufficient evidence to show that:
- A crime was allegedly committed, and
- There is some evidence connecting the defendant to the alleged offense.
The preliminary hearing is not a trial, and the Magisterial District Judge does not decide whether the defendant is guilty or innocent. Instead, the judge only determines whether the prosecution has met the minimum legal burden necessary for the charges to proceed to the Court of Common Pleas.
What Rights Do You Have if You Are Charged With a Crime?
Anyone accused of a criminal offense in the United States is protected by important constitutional rights. These protections apply whether a case is filed in Montgomery County or anywhere else in the country. Understanding those rights is critical because they can directly impact how your case is investigated, prosecuted, and defended.
Criminal defendants have the right to remain silent and avoid self-incrimination, the right to a fair and public trial, and the right to be treated equally under the law. You also have the right to legal counsel, the opportunity to challenge the prosecution’s evidence, and the ability to confront and question witnesses who testify against you.
In addition, you have the right to present evidence in your defense and call witnesses on your behalf. A skilled criminal defense attorney can help ensure those protections are fully enforced throughout every stage of the case.
Will Your Criminal Case Go to Trial?
While some criminal matters ultimately proceed to trial, many cases are resolved before reaching that point. In some situations, prosecutors and defense attorneys negotiate plea agreements that may reduce charges or limit potential penalties.
However, not every case is appropriate for a plea resolution. If law enforcement violated constitutional protections, lacked probable cause for an arrest, conducted an unlawful search, or failed to follow proper procedures, a defense attorney may be able to challenge the evidence or seek dismissal of the charges entirely.
Every criminal case involves different facts, risks, and legal strategies. An experienced defense lawyer can evaluate the strengths and weaknesses of the prosecution’s case and help determine the best path forward based on your specific circumstances.
Assault Cases
Arguments and confrontations can escalate quickly, especially when emotions are running high. In many assault cases, the incident begins as a disagreement tied to stress, frustration, alcohol, or a personal conflict that suddenly spirals out of control. Assault allegations may arise from domestic disputes, altercations at bars or sporting events, conflicts at private gatherings, or unexpected encounters between individuals in public places.
No matter how the accusation arose, an assault charge can place your freedom, reputation, and future at serious risk. A conviction may lead to jail time, probation, fines, and a permanent criminal record that follows you long after the case is over. Because the stakes are so high, it is important to have experienced legal representation protecting your interests from the beginning.
DUI / DWI Defense
Driving under the influence charges can carry serious and long-lasting consequences. A DUI or DWI conviction may affect far more than your driving privileges. Depending on the circumstances, you could face jail time, steep financial penalties, increased insurance costs, mandatory treatment programs, and a suspended driver’s license.
Whether you are accused of a first-time DUI, an underage drinking and driving offense, or a more serious repeat allegation, it is important to understand that you still have legal rights and options. DUI cases often involve complex issues related to traffic stops, field sobriety testing, chemical testing procedures, and constitutional protections.
Willis F. Watson provides aggressive defense representation for individuals facing DUI and DWI charges. From the beginning of the case, he works to protect your rights, evaluate the evidence, and pursue the strongest possible outcome based on the facts of your situation.
Drug Offense Defense
Drug-related charges have become increasingly common and can involve a wide range of substances, including methamphetamine, marijuana, illegally possessed prescription medications, and other controlled substances. Even relatively minor allegations can carry serious consequences that affect your freedom, employment opportunities, professional licensing, and future.
You do not need to wait until formal charges are filed to speak with an attorney. If you believe you are under investigation, have already been arrested, or recently received notice of pending drug charges, obtaining legal guidance early can be extremely important. Law enforcement investigations often move quickly, and statements or decisions made early in the process may impact the outcome of the case.
An experienced drug offense attorney can review the circumstances surrounding the investigation, evaluate whether your rights were violated, and help you understand the potential penalties and defense options available. Whether the allegations involve possession, distribution, manufacturing, or prescription drug offenses, having strong legal representation can make a significant difference in protecting your future.
Juvenile Criminal Defense
Juvenile cases are handled very differently than adult criminal matters. The juvenile court system focuses not only on accountability, but also on rehabilitation, education, and protecting a young person’s future opportunities. Because of these differences, defending a juvenile case requires an attorney who understands the unique procedures, goals, and strategies involved in juvenile court proceedings.
Many criminal defense lawyers primarily focus on adult cases and have limited experience handling juvenile matters. However, the decisions made in juvenile court can still have serious and lasting consequences for a child and their family, including detention, probation, school-related discipline, and damage to future educational or career opportunities.
Attorney Willis F. Watson regularly represents juveniles facing criminal allegations and understands how to navigate the complexities of the juvenile justice system. By developing a strategic and proactive defense, he works to minimize the impact of criminal allegations and help young clients move forward with the strongest possible foundation for their future.