https://www.caponedefense.com/home daily 1.0 2024-10-20 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614373360204-GLQJ868IBCIJ5JO2AWO8/42.jpg Home - Dedicated and Experienced With over a decade of trial experience, having tried hundreds of non-jury cases and over fifty jury cases to verdict before nearly every judge in the Criminal Division at the Allegheny County Court house, Attorney Andrew Capone has the experience to represent you. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614350503660-JYPUL9G6GIJ79QMBR0CI/18.jpg Home Our Services Capone Law represents clients at all stages of the criminal process. If you are charged with a crime or need assistance in a criminal matter, you need Capone in your corner. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614350924868-ZLH1QZG0VX42A3QWIOH3/33.jpg Home - The Criminal Legal Process Understand the process of the criminal legal system and understand why you need an attorney. https://www.caponedefense.com/our-staff daily 0.75 2025-09-19 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/e0b09ea7-af12-4f52-98ae-17758a994e6d/Andrew+Capone+Headshot+Photo.jpg Staff - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://www.caponedefense.com/legal-services daily 0.75 2024-10-18 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614373878458-T48OLSKF75O5HJYCEH1D/14.jpg Legal Services - Capone Law Represents Clients at Every Stage of the Criminal Process We represent our clients with passion, dedication, and hard work through creative advocacy. We focus on communication and understanding. The criminal legal system is complicated. You need someone in your corner that understands the process and will guide you through it while fighting for your rights at every step. You can rely on the experience of the attorneys at Capone Law. https://www.caponedefense.com/the-stages-of-a-criminal-case daily 0.75 2025-09-19 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614362842378-E2N53P4VHCN6CJ60QYTN/32.jpg The Stages of a Criminal Case https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614362885161-VIGLNYQTZ8RHN7QDS0UH/35.jpg The Stages of a Criminal Case https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614362569001-T51F5KMON9O8GK2US65M/24.jpg The Stages of a Criminal Case https://www.caponedefense.com/contact daily 0.75 2024-10-18 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614369686918-6MBTRDH5Q1UJYOJNZQEJ/49.jpg Contact - Contact Us Andrew J. Capone, Esq. Capone Law | (412) 204-7077 Attorney.Andrew.Capone@gmail.com https://www.caponedefense.com/pretrial-proceedings daily 0.75 2024-10-17 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614897959465-UQWMXBPIWNBNC5IGOJJ0/IMG_6873.jpg Pretrial Proceedings - Arrest An arrest may take place when police believe that they have probable cause that a criminal offense has occurred. An arrest warrant can be issued by a Judge or an arrest can take place based on a police officers’ observations. The rules governing arrest warrants are codified in Pa. R. Crim. Pro. 513. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614897450929-4KQ8MO496E6PUW06SIRG/AD0409B0-25BB-47FF-81E4-9C1C1C3171AF.jpg Pretrial Proceedings - Preliminary Arraignment At a preliminary arraignment, a Magistrate must notify the accused of the crime charged, set bail conditions, and schedule a time and date for a Preliminary Hearing. Any person charged with a crime is permitted to have an attorney represent them at their preliminary arraignment. The rules governing Preliminary Arraignments are codified in Pa. R. Crim. Pro. 540. If you, or someone close to you, is pending Preliminary Arraignment, Contact Law today for a consultation. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614897543312-7L4A4H3JTMM32A4N6DSQ/B4DEE848-09F7-4C69-B207-4A0449339D81.jpg Pretrial Proceedings - Preliminary Hearing In the Commonwealth of Pennsylvania, everyone who is charged with a crime is entitled to a Preliminary Hearing. During a preliminary hearing, the accused has the right to be represented by counsel, cross-examine witnesses, call witnesses on their own behalf, offer evidence on their own behalf, and generate a transcript of that preliminary hearing. The burden of proof at a preliminary hearing is extremely low. The Commonwealth must present a prima facie case against the accused. If you are charged with a crime, you should have counsel to represent you at your Preliminary Hearing. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614897584641-16XH9ZP7C5URLA2B8YC0/4ECCA39E-FB7A-4664-9858-FF1575C85B66.jpg Pretrial Proceedings - Motions Court After a case has been filed, the accused may file motions in the Court of Common Pleas as dictated by the rules of Criminal Procedure. This includes, motions to modify conditions for bond, motions to dismiss the case, and other unique motions that are specific to the circumstances of an individual case. Contact Capone Law today to discuss today. https://www.caponedefense.com/trial-proceedings daily 0.75 2024-10-18 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898671460-HELKZC1S2RQNF7GTD1NL/FB765EF6-8CFC-463A-9A41-A55DCC27A725.jpeg Trial Proceedings - Formal Arraignment If a case is “held for court” at a preliminary hearing, the Attorney for the Commonwealth will file a Criminal Information in the Court of Common Pleas. The Criminal Information must include the case caption, the name of the defendant, the date of the alleged offense, the location of the offense, and a plain statement of the elements of the crime charged. The rules governing Criminal Information documents are contained in Pa.R.Crim.Pro 560. At the Formal Arraignment, the Court will provide the accused with the Criminal Information, and inform them of the date of their upcoming Pretrial Conference. Any person accused of a crime has a right to have an attorney present at their Formal Arraignment. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898856369-7C9GTKOA1U4PP9B9HVLX/2CC7879D-F44F-4624-A5CA-DC6A8597C785.jpeg Trial Proceedings - Pretrial Conference The Pretrial Conference is scheduled by the Court at the time of the Formal Arraignment. At the Pretrial Conference, the attorney for the Commonwealth, counsel for the defense, and the accused are all present. During the pretrial conference, the attorneys may discuss: discovery, stipulations of fact and availability of witnesses, evidentiary issues, any defenses that must be disclosed in advance of trial, plea negotiations, and other matters relevant to the specific case. Any person accused of a crime has a right to be represented at their Pretrial Conference. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898761819-CT9O27NL0AL2EO1QNKPM/A5483F92-6086-48F1-94B5-660405C5E971.jpeg Trial Proceedings - Plea Proceedings Before someone who is accused of a crime considers entering a plea, they should have conducted and intelligent and informed review of all of the evidence that could be presented against them at trial. In addition to understanding the evidence that could be presented, it is important to understand the laws that governs the admissibility of that evidence. You have a right to have an attorney to advise and represent you. There are many different ways that a case can be resolved in the Court of Common Pleas. The attorneys at Capone and Associates have resolved thousands of cases and have the experience and knowledge to make sure that you are getting the best result. Options outside of a traditional plea agreement include: rule 586 dismissal; reduction to summary offense; nolle prosequi; diversionary dispositions (Accelerated Rehabilitative Disposition “A.R.D.”, Drug Court, Mental Health Court, Veterans Court, DUI Court, and Domestic Violence Court). Each of these options is unique and may have individualized consequences on an accused persons life. Every person accused of a crime has a right to a trial. If you are attempting to make a decision about how to proceed with you case, get Capone in your corner today! https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898602872-0PZ6I0PS26QB98Z4W06S/962ABAEE-C66C-4FC1-BB76-D1B999922C1C.jpeg Trial Proceedings - Trial Proceedings Every person accused of a crime has a right to a trial. The attorneys at Capone and Associates have tried hundreds of cases, and have a thorough understanding of the ins and outs of the trial process. There are two types of trials that take place in the Court of Common Pleas, jury trials and bench (non-jury) trials. Jury trials take place before a group of 12 people who are carefully selected by the attorneys during the voir dire (jury selection) process. A person accused of a crime is always presumed innocent unless the prosecuting attorney proves guilt beyond a reasonable doubt. Bench trials (non-jury trials) take place before an assigned judge, only after a knowing and voluntary waiver of the jury has been completed. Just like in a jury trial, during a bench trial, an accused person is presumed innocent unless the prosecuting attorney proves guilt beyond a reasonable doubt. The trial process is complicated and can be extremely difficult to navigate. You have a right to be represented by an Attorney at Trial. Contact Capone Law today for a consultation. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898502608-STNB5CSEWSO2JI7WDA2N/6ECCBB4D-CA98-41E9-9514-685450AF3AB0.jpeg Trial Proceedings - Diversionary Courts Disposition of criminal cases through diversionary courts is not uncommon. Diversionary courts are all unique, have their own rules and regulations, and have different consequences. Diversionary courts in the Court of Common Pleas include: ARD (Accelerated Rehabilitative Disposition) EDP (Early Disposition Plea) Veterans Court Mental Health Court Domestic Violence Court DUI Court Drug Court For information about the possibility of resolving a case through one of these diversionary courts, contact Capone Law today. https://www.caponedefense.com/posttrial-proceedings daily 0.75 2024-10-18 https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898237289-FLHWH3UP8HRA15U610W1/08FDD36C-5904-4D20-8996-5BA0874F89AD.jpeg Post-Trial Proceedings - Sentencing Proceedings If a person who is accused of a crime enters a plea, or is found guilty at trial, they are entitled to a sentencing hearing. A sentencing hearing is an opportunity for both the defense and the prosecuting attorney to present any and all mitigating and aggravating information relevant to the defendant and the case. Judges have a great deal of discretion when forming a sentence. It is important to have an attorney represent your interests by presenting argument, evidence, and exhibits that will inform the court in making their decision. Everyone has the right to have an attorney represent them at their sentencing hearing. Contact Capone Law today to get Capone in your corner. https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898304856-CBX6KION5UDYOPP3CJJG/BCD19175-0FE7-42E2-A2CD-B7031A622390.jpeg Post-Trial Proceedings - Probation Proceedings Most people who are sentenced in criminal court have a probation condition attached to their sentence. When someone is on probation, they are assigned a probation officer who monitors the defendant in the community and reports back to the sentencing judge. The defendant must comply with the terms and conditions of their probation. When a person who is on probation is accused of violating the conditions of their probation, they may subject to a penalty. There are different types of violations (technical and substantive) and there are different types penalties (incarceration, increased monitoring on probation, additional probation requirements and stipulations, etc.). Any person who is accused of violating the terms of their probation is entitled to hearing where a probation officer or must offer proof to the court that a violation has occurred. A person who is accused of a probation violation has a right to be represented by an attorney at these hearings. Technical Violations of Probation A person is accused of a technical violation of probation when they have failed to meet the requirements of their probation conditions. For example, if a person is required to meet with their probation officer on a monthly basis, and fails to do so, they are in technical violation of probation. Substantive Violations of Probation A person is accused of a substantive violation of probation when they have been arrested, charged, or convicted of a new criminal violation. The rules governing these substantive violations of probation are separate and distinct from the rules governing criminal trials. A person does not have a right to jury trial for a violation, and the burden of proof is significantly lower. There are several ways that Capone and Associates can provide representation to a person who is on probation. Although each case is unique, and the options must be reviewed on a case by case basis, here are some of the possibilities: Motion for Early Termination of Probation Motion for Modification of Conditions of Probation Motion to lift a probation detainer (release from incarceration) Motion to transfer a probation detainer (transfer from incarceration into a rehabilitation or mental health facility) Representation at Probation Review Hearings Representation at Gagnon 1 (probation violation hearing) Representation at Gagnon 2 (probation violation hearing) https://images.squarespace-cdn.com/content/v1/6037f04c488a504d7bddd8b4/1614898426237-ZUT67ZOM1FSPZ15JDR0V/5032C825-6202-4056-9E74-DDCCA63C790C.jpeg Post-Trial Proceedings - Expungements and Pardons Expungements An expungement erases or removes charges from a persons criminal record. The expungement process is one of the most important aspects of the criminal process. Most people who enter a guilty plea or are found guilty at trial do not plea to the most serious crime charged. Records of the criminal charges that are dismissed or withdrawn throughout the process may be eligible for expungement. This means that even in if a person has pled or been found guilty, portions of their arrest record may be eligible for expungement. Pardons A pardon relieves an individual of the consequences, generally in the nature of legal disabilities, resulting from conviction for a crime. There are no minimum eligibility requirements to obtain a pardon, however, the applicant should be able to demonstrate a reasonable period of time having elapsed since the crime (sufficient to show rehabilitation) and successful completion of all court-imposed requirements such as probation, parole, and payment of all fines and costs.