Burglary Charge for Breaking a Window and Entering a House

My question involves criminal law for the state of: Pennsylvania.

I've been arrested once before about 5 years ago for possession of a hallucinogenic drug, I was also just most recently arrested for my emotions getting the best of me and knocking on a door of a persons house to talk to them, and they wouldn't come out so I got angry ultimately, the situation led to the window being accidentally broken. I then climbed in and fought the person, but no actual damage was done to either of us aside from some very minor things. After the incident I stood and waited for the cops to arrest me, but when they got there I sort of resisted arrest. Prior to this incident, I had recently taken a hallucinogenic drug about a week before. After being arrested I spent about 2 months in jail before I was bailed out.

I have a pre-formal arrangement coming up soon (I think that's what it is), and I'm just not too sure on what I should say, or even what I should say at the actual court hearing and what's going to happen. Am I going to spend more time in jail? Will I have this felony on my record forever? I'm not really a violent person, and I've been having some issues lately. Should I mention what was going on in my person life? Should I mention the drugs? I'm pretty scared and really don't want to go back to jail... any help at all would be greatly appreciated.

I believe its a Preliminary Hearing/Preliminary Arraignment (not Arrangement). What you should be saying, and preferably before showing up is "I NEED A LAWYER." If you do make it there without representation, you should ask for a public defender if you are indigent. Felony convictions are nothing to sneeze at. Your going up there and weaseling about your drug use or life situations is NOT going to improve your situation.

What happens here is the DA (usually one of his assistants) will show the judge that they have sufficient probable cause to go on to trial. Your lawyer will attempt to refute that or point out that the situation doesn't merit the charges. If there is a chance of negotiating a plea bargain, this is usually when it is firmed up. This is when ARD gets pinned down (though doubtful with a prior criminal history you will be offered that). When all else fails, you'll be referred for your actual arraignment in common pleas court. That's when they will ask guilty or not guilty, etc and set the trial date. The judge at the prelim may change or set new bail amounts or conditions as he sees fit.

GET A LAWYER. If you are indigent, ask for a public defender. You obtain one in most PA counties by appearing in person at the office of the public defender with your pay stubs or other proof of federal assistance along with your charging documents. Google the county name you are charged in and words "public defender" and you'll probably find the info on where their office is.

Well my Preliminary Arraignment is in 3 days, do I need to get a public defender before then? I can't afford a lawyer right now.

Do I need to get a public defender before this upcoming preliminary arraignment?

If in fact this is a preliminary arraignment, your very first court hearing, it will involve the formal reading of the charges against you and can involve the setting of bail. You will be informed of your right to a court-appointed attorney if you cannot afford one. Check with the criminal clerk's office about getting a petition form to ask for a court-appointed lawyer.

A preliminary arraignment usually occurs shortly after arrest. If you are in fact scheduled for a preliminary hearing, you would be well-served to get a lawyer in advance of that hearing.

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Quoting pleemee

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well my preliminary arraignment is in 3 days, do i need to get a public defender before then? I can't afford a lawyer right now.

Do i need to get a public defender before this upcoming preliminary arraignment?

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yes, i would absolutely recommend it.

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Sorry, Mr. K. but that is NOT how it works in Pennsylvania. I gave him the CORRECT answer. "Preliminary arraignment" is held coincidentally with the Preliminary Hearing usually in PA. If he was in custody after arrest, he'd have had an appearance before a magistrate to get his bail / release set, but that is not the preliminary arraignment. In addition, they don't "formally read" the charges in the preliminary arraignment. In fact, they don't really do that in the real arraignment, but the defendant is formally advised as to what he's facing.

The clerk's office does not handle PD's in PA. You go direct to the OPD for that.

The information I gave is correct for PENNSYLVANIA which is a far cry from many other states in their criminal procedures.

I suggest that you lecture the Pennsylvania Code, these Pennsylvania law firms, and the state itself for not understanding how the Pennsylvania court system works.