A criminal charge threatens your freedom, your job, your license and your record, and the process starts moving the moment you are arrested. Kevin Burke Law fights to get family members and clients out of jail, to lower bail, and to fight the charges. We understand that people are wrongly accused of crimes, and we fight to obtain a not guilty verdict. We also understand that people make mistakes and need help getting a fair outcome.

Levels of offenses in Pennsylvania

Pennsylvania crimes are graded, and the grade sets the maximum sentence:

These are ceilings, not predictions. Actual sentences follow Pennsylvania’s sentencing guidelines, which weigh the seriousness of the offense and the person’s prior record, and many first offenses end with no jail at all.

How a criminal case moves through the courts

1. The charge. A case starts when a person is arrested or receives a summons in the mail. Summary offenses, such as most traffic citations and minor violations, are handled entirely by the magisterial district judge.
2. Preliminary arraignment. A person who is arrested is brought before a district judge without unnecessary delay. The judge explains the charges, tells the defendant of the right to a lawyer, and sets bail. If the defendant can post the bail, they go home; if not, they stay in jail. We can ask the court to lower bail and help family members get a bail bond from a local bail bondsman.
3. Preliminary hearing. At the preliminary hearing, the District Attorney must present enough evidence to show a prima facie case: that a crime was probably committed and the defendant probably committed it. The defendant has the right to a lawyer, to cross-examine the witnesses, to inspect the evidence, and to present evidence. If the Commonwealth does not meet its burden, the charges are dismissed. We represent you at the hearing and record it so witnesses cannot change their story later. We can also ask the judge to lower bail if the defendant is still in jail.
4. Court of Common Pleas. Charges that survive the preliminary hearing go to the county’s Court of Common Pleas for formal arraignment, discovery (the exchange of evidence), and pretrial motions, including motions to suppress evidence that was obtained illegally.
5. Resolution. Most cases end in a negotiated plea, a diversion program such as ARD, or a dismissal. A defendant who does not plead guilty has the right to a trial, by a jury or by a judge, where the Commonwealth has to prove guilt beyond a reasonable doubt.
6. Sentencing and appeal. If there is a conviction, the judge sentences within the guidelines. Convictions can be appealed.

Bail

Bail is not a punishment. Its purpose is to make sure the defendant comes back to court. Pennsylvania’s rules give the judge five options: release on recognizance (a written promise to appear), release on nonmonetary conditions, an unsecured bond (you owe money only if you fail to appear), nominal bail (a small deposit with a surety), or monetary bail. In setting it, the judge considers the nature of the charge, the defendant’s job, family, residence in the community, prior record and record of appearing in court, and anything else bearing on whether the person will come back. Refusing to admit guilt or to help the police cannot be used to set higher bail. Bail can be revisited, and asking the court to lower it is often the first step in getting someone home.

Your rights when the police want to talk

You have the right to remain silent, and using it cannot be held against you. You have the right to a lawyer, and once you ask for one, questioning is supposed to stop. The police do not need your permission to investigate, but they do need either your consent or legal authority to search your home, your car or your phone, and you can say no. Being polite and giving your name is wise; answering questions without a lawyer rarely is.

ARD and other second chances

Accelerated Rehabilitative Disposition (ARD) is Pennsylvania’s program for first-time offenders. The District Attorney decides who is offered it. A person admitted to ARD completes a period of supervision and conditions, which can include community service, classes, treatment and costs, without pleading guilty. When the program is completed, the judge dismisses the charges and orders the arrest record expunged, unless the Commonwealth objects within 30 days. ARD is commonly used for first DUIs and other non-violent first offenses.

Probation and intermediate punishment let a judge sentence a person to supervision in the community instead of jail. Violating the conditions leads to a hearing, and the judge can revoke the sentence and impose a new one.

DUI

Driving under the influence is the most common serious charge in Pennsylvania. Penalties depend on the blood alcohol level, whether drugs were involved, and prior offenses within ten years. For a first offense:

• General impairment (0.08 to 0.099 percent, or impaired driving without a test): six months’ probation, a $300 fine, alcohol highway safety school and any required treatment, and no license suspension.
• High rate (0.10 to 0.159 percent): at least 48 hours in jail and up to six months, a fine of $500 to $5,000, safety school and treatment, and a 12-month license suspension.
• Highest rate (0.16 percent or more), drugs, or a refusal of chemical testing: at least 72 hours in jail and up to six months, a fine of $1,000 to $5,000, safety school and treatment, and a 12-month license suspension.

Second and later offenses carry mandatory longer jail terms and longer suspensions. Pennsylvania also has an ignition interlock program that lets some drivers keep driving during a suspension.

Driver’s license suspensions

PennDOT suspends licenses for DUI convictions, chemical test refusals, accumulated points, driving under suspension, and other reasons. A suspension can be appealed to the Court of Common Pleas, and the appeal has to be filed within 30 days of the notice. For most suspensions, filing the appeal puts the suspension on hold until the court decides. Pennsylvania also offers an occupational limited license for some suspended drivers who need to drive for work, and the ignition interlock limited license for DUI suspensions.

What you will need

Contact us and we can help you gather this information:

• The county where you were charged
• Any paperwork that was mailed to you
• Any documents that help your defense
• Any witnesses, with names and phone numbers

How our office helps

We understand that having a family member charged with a crime and held in jail before they have a chance to prove their innocence is traumatic. Contact us and we will work with you to get your family member out of jail. We can make contact with defendants in jail and help with lowering bail and obtaining a bail bond. Attorney Burke personally represents you at every court appearance and works with you through the end of your case.

We handle:

• Felony and misdemeanor charges of every kind: DUI, drug possession and delivery, assault and domestic violence charges, theft, burglary, receiving stolen property, forgery and bad checks, criminal mischief, harassment and stalking, firearms charges, and sex offenses.
• Summary offenses and traffic citations, including speeding, careless and reckless driving, driving under suspension, underage drinking, disorderly conduct and retail theft, where a conviction can still cost you points, your license or your record.
• Bail: motions to set, reduce or modify bail, and bail bonds.
• Preliminary hearings, formal arraignment, discovery, suppression and other pretrial motions, plea negotiations, bench and jury trials, and sentencing.
• ARD and other diversion programs, including applying for admission and completing the program so the record is expunged.
• Probation and parole violations, including Gagnon hearings and detainers.
• Driver’s license suspensions: appeals of PennDOT suspensions, chemical test refusal suspensions, and limited licenses that let you drive for work.
• Bench warrants, failures to appear, and protection order violations.

We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.

Common Questions

My family member was arrested. How do we get them out of jail?
Bail is set at the preliminary arraignment, which happens soon after the arrest. If it is more than the family can post, a lawyer can ask the court to lower it or change it to an unsecured bond or nonmonetary conditions, and a local bail bondsman can post monetary bail for a fee. We can contact the defendant in jail and work with the family on both.

What happens at the preliminary hearing?
The District Attorney has to show a prima facie case: that a crime was probably committed and the defendant probably committed it. The defendant’s lawyer can cross-examine the witnesses and present evidence. Charges the Commonwealth cannot support are dismissed, and the testimony given is locked in for later.

Should I talk to the police?
You have the right to remain silent and the right to a lawyer, and using those rights cannot be held against you. Officers are allowed to tell you that talking will help you. It usually does not. Give your name, be polite, and say that you want a lawyer.

What is the difference between a misdemeanor and a felony?
The maximum sentence. Misdemeanors carry up to one, two or five years depending on the degree; felonies carry up to seven, ten or twenty years. Felonies also carry more lasting consequences, including the loss of firearm rights.

What is ARD, and can I get it?
ARD is a first-offender program run by the District Attorney. You complete supervision and conditions without pleading guilty, and when you finish, the charges are dismissed and the arrest record is expunged. It is commonly offered for first DUIs and other non-violent first offenses, but admission is up to the District Attorney.

What happens with a first DUI?
It depends on the tier. A first general-impairment DUI brings six months’ probation, a $300 fine and classes, with no license suspension. High-rate and highest-rate first offenses carry a mandatory 48 or 72 hours in jail, larger fines, and a 12-month suspension.

Will I go to jail?
The maximums on this page are ceilings. Actual sentences follow Pennsylvania’s guidelines, which depend on the offense and your prior record, and many first-time, non-violent charges end with probation or a reduced charge rather than jail. The facts of your case decide it, which is what the first consultation is for.

What if I violate my probation?
A probation violation leads to a hearing before the judge who sentenced you. If the violation is proven, the judge can continue probation, add conditions, or revoke it and impose a new sentence, up to the maximum for the original offense.

How long does a criminal case take?
After the preliminary hearing, a case in the Court of Common Pleas usually takes several months, and longer if it goes to trial. Pennsylvania’s speedy trial rule generally requires the Commonwealth to bring a case to trial within a year.

Call for a consultation

Call 814-807-0972 or use the contact form. The consultation fee is $50. If someone is in jail now, call today.

This page is general information as of 2026, not legal advice about your situation.