Criminal Defense Frequently Asked Questions

Clear answers about police questioning, criminal charges, evidence, and what to expect when you work with DiDonato & Burke Law Firm in Philadelphia.

Answers to the questions clients ask us most

Facing an investigation or criminal charge raises urgent questions. Choose a topic below, or call to speak with Thomas F. Burke about your specific situation.

Getting Arrested or Investigated

You should understand your rights before answering questions about suspected criminal conduct. What may appear to be an informal conversation can become evidence later. You can ask whether you are free to leave and request to speak with an attorney before answering questions about an alleged crime.

Being innocent does not eliminate the risks of giving a statement without understanding the investigation or evidence. Statements can be misunderstood, incomplete, or used alongside other evidence. If police are questioning you as a possible suspect, consider getting legal advice before discussing the underlying allegations.

You do not necessarily need to wait until an arrest. Legal representation may be valuable when you learn you are under investigation, receive a request for an interview, become the subject of a search, are arrested, receive criminal charges, or have an upcoming court appearance.

Bring any paperwork relating to the case, including charging documents, citations, bail paperwork, hearing notices, police paperwork, or other court documents you have received. You should also be prepared to discuss what occurred and identify relevant witnesses, communications, photographs, videos, or other evidence.

Criminal Charges & Court Process

Pennsylvania criminal offenses are divided into different classifications and degrees. Felonies generally carry more serious potential penalties, while misdemeanors can still carry incarceration, fines, and significant collateral consequences. The grading and potential sentence depend on the specific offense and applicable law.

No. A criminal charge is an accusation, not a conviction. The prosecution bears the burden of proving the criminal charges under the applicable legal standard. Before a case is resolved, evidence may be investigated, challenged, excluded, disputed, or presented to a judge or jury.

Sometimes. Cases can be dismissed or charges reduced for a variety of legal or evidentiary reasons, but no result is automatic. The defense may investigate whether the prosecution has sufficient evidence, whether constitutional violations occurred, and whether witnesses or other evidence support the allegations.

No. Criminal cases can be resolved in several ways depending on the circumstances. Some are dismissed, some result in negotiated resolutions or diversionary programs when legally available, and some proceed to trial. The appropriate strategy depends on the evidence, charges, risks, available defenses, and client’s objectives.

Evidence & Defense

Potentially. Courts may suppress evidence obtained in violation of constitutional protections when the legal requirements for suppression are satisfied. Search-and-seizure questions are highly fact-specific, so an attorney must review exactly how police stopped, searched, questioned, arrested, or seized evidence from the accused.

In some circumstances. An attorney may examine whether a statement was voluntary, whether required constitutional protections were provided, whether questioning occurred during custody, and how investigators obtained the statement. Whether a statement can be suppressed depends on the specific facts and applicable law.

Depending on the case, this can include police reports, body-camera footage, surveillance video, photographs, cellphone records, text messages, social media, location data, forensic evidence, medical records, witness statements, expert evidence, search warrants, laboratory results, and other materials relevant to the allegations.

Yes. Witness testimony can be evaluated for consistency, opportunity to observe, prior statements, bias, credibility, memory, identification issues, and conflicts with physical or digital evidence. The importance of those issues depends on the witness and circumstances of the individual case.

Working With DiDonato & Burke

Yes. The firm offers a free initial consultation so prospective clients can discuss their situation and obtain information about the next steps and potential representation.

Yes. DiDonato & Burke states that Thomas F. Burke personally handles cases rather than handing them to junior associates or paralegals.

The firm’s criminal practice includes DUI, drug and narcotics offenses, gun crimes, assault, robbery, sex crimes, white-collar and economic crimes, murder, homicide, and other serious criminal matters within its practice.

Yes. In addition to criminal defense, the firm represents clients in certain civil rights matters involving allegations such as police misconduct, unlawful arrest, excessive force, and mistreatment in correctional settings.

Fees & Next Steps

The cost depends on the nature and complexity of the case, charges involved, investigation required, number of court proceedings, and whether extensive motion practice or trial preparation is necessary. Fees should be discussed directly with the attorney after the facts and anticipated scope of representation are evaluated.

You can contact DiDonato & Burke Law Firm through the firm’s website or call the office to request a consultation. The firm’s Philadelphia office is located at 1500 JFK Boulevard, Suite 1815, Philadelphia, Pennsylvania 19102.