A Criminal Defense Attorney’s Guide: What to Do If You’re Arrested in Northeastern Pennsylvania

Being arrested is one of the most stressful experiences you can face. Whether you are charged with DUI, drug possession, assault, theft, or a serious felony, what you do in the first hours and days after an arrest can significantly impact your case. If you are facing criminal charges in Monroe County or anywhere in Northeastern Pennsylvania, understanding your rights—and contacting a criminal defense attorney promptly—can help you protect your rights and your options.

At Cramer, Swetz, McManus, Jordan & Saylor, P.C., our criminal defense attorneys bring more than 60 years of combined trial experience to clients in state and federal courts. Here’s what you need to know.

At our firm, partner Brian C. Jordan concentrates his practice on criminal defense and DUI matters and handles them as part of the firm through his own criminal-defense practice. If you or a family member has just been arrested, his site explains the charges he defends in Monroe County: criminal defense lawyer Brian C. Jordan.

Step 1: Exercise Your Right to Remain Silent

One of the most important rights you have under the U.S. Constitution is the right to remain silent. If you are arrested:

• Do not answer questions about the alleged crime.
• Do not attempt to “explain your side” to the police.
• Clearly say that you are invoking your right to remain silent and that you want a lawyer.

Anything you say may be used against you. One exception matters after a DUI arrest: a Pennsylvania driver has no right to speak with a lawyer before deciding whether to submit to a chemical test, and once the officer has given the required warnings, staying silent or asking for a lawyer instead of agreeing to the test can be treated as a refusal. Even seemingly harmless statements can later be taken out of context.

Step 2: Request a Criminal Defense Lawyer Immediately

Not all attorneys handle criminal cases regularly. You need a criminal defense lawyer experienced in Pennsylvania criminal law, local court procedures, and trial advocacy.

Our firm defends clients charged with:

• DUI / DWI in Pennsylvania
• Drug possession, delivery, and possession with intent to deliver
• Assault and violent crimes
• Theft and property crimes
• Felony and misdemeanor offenses
• Juvenile offenses
• Alleged probation violations
• Federal criminal charges

Early legal advice gives a lawyer time to look for grounds to challenge the evidence, to negotiate, or to seek dismissal, although no outcome can be promised.

Step 3: Understand the Charges Against You

Pennsylvania offenses are generally classified as summary offenses, misdemeanors, or felonies, with penalties on conviction that may include:

• Jail or prison time
• Mandatory minimum sentences
• Fines and court costs
• License suspension (especially in DUI cases)
• A lasting criminal record (some records can later be expunged, or placed under limited access, which hides them from most public background checks but does not erase them, depending on the offense and the outcome)

An experienced Northeastern Pennsylvania criminal defense attorney will analyze:

• Whether the stop or arrest was lawful
• Whether your constitutional rights were violated
• Whether evidence can be suppressed
• Whether the prosecution can meet its burden of proof

DUI Arrests in Monroe County

A DUI conviction in Pennsylvania can carry serious consequences, including jail time and a license suspension, depending on the offense tier (set by blood alcohol content (BAC), drugs, or a refusal of a breath test or of a blood test under a valid warrant), any prior offenses and the other facts of the case. A first-offense general-impairment DUI with no prior offense, for example, carries six months’ probation, a $300 fine, alcohol highway safety school and any drug and alcohol treatment requirements imposed after the required evaluation, with no license suspension. Separately, refusing a chemical test after a DUI arrest triggers its own PennDOT license suspension, generally 12 months, or 18 months with a prior refusal suspension or DUI sentence, and that suspension is separate from the criminal case. However, DUI cases often involve technical and procedural defenses, including:

• Improper traffic stops
• Faulty field sobriety testing
• Breath or blood testing errors
• Chain of custody issues

If you have been charged with DUI in the Poconos or surrounding areas, immediate legal representation is critical.

Federal Criminal Charges Follow Different Rules

Federal cases are different from state prosecutions. They involve strict procedural rules, and sentencing under federal statutes and the advisory federal sentencing guidelines can result in severe penalties. Not every criminal defense attorney practices in federal court.

If you are under federal investigation or charged with a federal offense in Pennsylvania, securing experienced federal defense counsel is essential.

Why Hiring the Right Criminal Defense Attorney Matters

The prosecution begins building its case immediately. You should have someone building your defense just as quickly. An experienced criminal defense lawyer can:

• Conduct an independent investigation
• Interview witnesses
• File pre-trial motions
• Negotiate favorable plea agreements
• Take your case to trial if necessary

Your future, reputation, and freedom may be at stake. Do not gamble on inexperience.

Contact an Experienced Criminal Defense Attorney Today

If you or a loved one has been arrested in Northeastern Pennsylvania, including Monroe County and the Pocono region, the attorneys at Cramer, Swetz, McManus, Jordan & Saylor, P.C. are ready to help.

With decades of combined experience handling DUI charges, drug crimes, violent offenses, felony cases, and federal criminal defense, our team is prepared to protect your rights and pursue every available defense.

Call (570) 421-5568 today to schedule a confidential consultation with an experienced Pennsylvania criminal defense attorney.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Pennsylvania law changes and every case turns on its specific facts. Consult a licensed Pennsylvania attorney about your situation.