We Protect Your
Freedom And Your Future
Our Philadelphia criminal lawyers have over 25 years
of combined legal practice – handling some of the
toughest cases in the country.
Philadelphia Criminal Lawyers
SKA Law is a premier, Philadelphia criminal defense law firm, founded by professional criminal attorneys. We take on cases other law firms turn down, because we know how to fight – and when to negotiate. Our goal is to get you the best outcome possible. No fluff. No nonsense. Our focus is results.
Criminal Lawyers
Fewer Clients. Better Service And Results
SKA Law takes on fewer clients than other firms – it’s because we believe that taking on fewer clients means we can provide more service, and better results.
25 Years Of Legal Practice
Our firm has over 25 years of combined legal practice. Our Pennsylvania criminal attorneys have been recognized by the top lawyer ranking services.
24/7 Customer Service
Our Philadelphia criminal attorneys are available 24/7- regardless of the holiday, or time of week. We are always available to help you.
Concierge Service
We take on fewer clients than other firms. Each client works 1:1 on with one of our senior attorneys.
Criminal Attorneys Philadelphia
We Protect Your Freedom And Your Future.
At the law offices of Amato T Sanita, Esq, this is more than just a slogan – it’s our philosophy, and belief. Our goal is to protect your freedom, and to ensure your future is protected. By working with our firm, you get legal representation when you need it the most for your criminal case in Philadelphia. We understand that dealing with the criminal system is overwhelming – the consequences cannot be underestimated. Regardless of whether it’s a small misdemeanor, or a severe federal crime, you need to understand the legal process – how it impacts you – and a Philadelphia criminal defense attorney, who will work for you. Our Philadelphia criminal lawyers treat each case as it’s own unique situation, and work hard to uncover evidence that will get you the best possible outcome. Founding partner Amato Sanita, understands that you’re very concerned about possible sentences, and issues in the future you might face. There are many aspects to a criminal defense case. Our goal is to show the court you didn’t commit the crime and/or don’t deserve the maximum sentence for the crime you’re accused of committing. Regardless of whether it’s a drug offense, assault charge, or bank fraud, our Philadelphia criminal lawyers work tirelessly to represent your interests in court.
Our firm has over 25 years of combined legal practice – handling some of the toughest cases in the country.
CASE DISMISSED
Statutory Sexual Assault
Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.
Learn MoreAggravated Indecent Assault
Serious Bodily Injured
Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.
Learn MoreCASE DISMISSED
Harassment
FACED 3 YEARS IN PRISON
Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.
Learn MoreCASE DISMISSED
False Imprisonment
15 YEARS IN PRISON
Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.
Learn MorePhiladelphia Criminal Lawyers.
We Protect Your Future.
Amato Sanita, is one of Philadelphia most aggressive criminal defense lawyers. We believe that every single client deserves the highest quality of customer service and legal representation. We believe that when you’re a client – you’re a member of our family. Our goal is to provide every single client the legal help they deserve and need. We listen to our clients, and their family members, in order to help them understand the effect the of their legal situation. With over 25 years of combined practice, we realize that the District Attorney will do his/her best to build a case against you. It means when you’re accused of a crime, you need a Philadelphia criminal attorney who understands how to build a defense. By working with the law offices of Amato Sanita, you have Philadelphia criminal attorneys on your team, who are dedicated to fighting charges, and helping you take control of your immediate future. More importantly, you have Philadelphia criminal attorneys on your side who care only about your future. We are available 24/7 and can come to the jailhouse, or police station, to help you and your family members.
We have a reputation for being one of the strongest law firms in Pennsylvania, and are focused on providing the best possible outcome for our clients. We are constantly attending seminars, and finding new ways to deliver amazing case results on behalf of our clients. Every single client speaks to one of our founding partners, and we offer a risk free consultation so you know exactly what to expect. In addition, we offer a flexible payment program so you can get the legal help you need – without having to worry about finances. We can help with virtually any type of crime, such as stealing goods, bank fraud, murder, and virtually any type of felony or misdemeanor.
We Handle Most Major Crimes
WE WIN
DIFFICULT CASES.
SKA Law is a premier, Philadelphia criminal defense law firm, founded by professional criminal attorneys. We take on cases other law firms turn down, because we know how to fight – and when to negotiate. Our goal is to get you the best outcome possible. No fluff. No nonsense. Our focus is results. We help you and your family members understand your options, and come up with a legal solution that resolves your concerns.
Philadelphia
Criminal Attorneys
We handle all misdemeanors and felonies
Regardless of whether it’s a simple misdemeanor, or a complex federal case, we can help. We understand that irrespective of the severity of the crime you’re accused of committing – a conviction can permanently harm your future. Our Philadelphia criminal lawyers can help protect your rights, and ensure you are never going to be unfairly prosecuted, or over-penalized for something you didn’t actually do. For example, if you’re accused of a DUI due to excess alcohol then we can help investigate whether the field sobriety test was correctly done, or whether a blood/breath test was done properly.
Criminal defense cases can have immense consequences if you’re convicted. The conviction goes on your permanent record, and depending on the circumstances – you can face fines, jail time, and face issues getting employment in the future. Hiring our law firm can help mitigate the penalties, reduce capital paid out, and if possible, get the case dismissed.
If you have been charged with a crime, then your future is hanging in the balance. You may be scared, confused and traumatized. You may also be thinking about how you can potentially lose your job and your family. Fortunately, you can call our law offices if you need legal representation.
Our firm is solely focused on defending people against criminal charges. We have the experience and skills necessary to represent you. Our goal is to make sure that the negative effects of a criminal charge are lessened.
You may be feeling a variety of emotions right now. You may be frustrated. You may also be angry. Fear is another emotion that you may feel. Additionally, you may be thinking about you will need to do next. We will give you guidance and tell you what you will need to do next.
Avoid Harsh Penalties
Our firm has had experience in dealing with several types of criminal cases, such as theft of gemstones. One of the best things that you can do if you have been charged with any crime is to hire the right Pennsylvania criminal attorney for your case. Drug possession or a DUI charge does not have to ruin your future.
Our firm knows that being arrested can be a scary thing. That is why you will need to contact a Pennsylvania criminal attorney after you have been arrested. You will be able to get a free case consultation. We will be able to help you with the following crimes.
- Property Crimes and Arson
- Domestic violence
- Assault
- Federal Crimes
- Drug Crimes
- Marijuana Crimes
- Sex Crimes
- Theft
- Involuntary Manslaughter
- Conspiracy to Commit Murder
- Professional License Defense
Do the police need to read the Miranda warnings before talking to a suspect?
The police has to read the Miranda warnings before they interrogate someone whose in their custody. Being in custody means that you aren’t free to leave. Statements that are volunteered while in custody, without an interrogation, can be used against you by the police. If the Miranda warning isn’t provided, then that information can be discredited. The police don’t need to use certain words when reading the Miranda warning. They simply have to convey the true essence of the Miranda rights. You might be under arrest, even if they police didn’t read your rights. They only need to read the rights to a suspect who they intend on interrogating while they are in custody. In other words, they can handcuff a suspect and then book them at the police station without reading the warnings. The police can give Miranda warnings halfway through an interrogation, but statements given before the warning will likely not be admissible against the defendant. Sometimes a defendant will confess before they get the warning, and then confess after they’ve received the warning, feeling it would be pointless to take back the confession. The second confession might also be inadmissible in some cases if the police benefited from the suspect being confused to get the second confession. Hiring a Philadelphia criminal attorney can help you understand all of this. Sometimes a statement which was obtained, in violation of the Miranda rights, can lead law enforcement to discover evidence against the evidence. The general rule is that the evidence can be admitted in most cases, even though there is a Miranda violation. If the police went beyond violating the rules and coerced the suspect into the confession, then the evidence will likely not be admitted.
When are search and seizure rules triggered?
Search and seizure rules apply whenever law enforcement conducts a search which invades a citizen’s legitimate concerns of privacy. The expectation of privacy has to be objectively reasonable.
Do the police always need a warrant to conduct a search?
No, there are several exceptions where the police can conduct a search without a warrant.
Who can give consent to a search of an apartment?
The occupant of the apartment can give consent to a search of any area which they control. If room mates are living together, then either roommate can give consent to a search of their own area. They cannot give consent to a search of area that is controlled ONLY by another roommate. If multiple room mates are present when the police ask for consent, a refusal by any roommate can prevent the search entirely. A landlord cannot give consent to a search of a leased apartment, which is VALIDLY occupied by a tenant.
Can the police search a car that has been towed?
The police can search a car which was towed, and impounded, regardless of whether it was illegally parked or stolen. They may be able to search any closed containers in the car also. The police don’t have the right to impound a car for the purpose of conducting a search.
What is the exclusionary rule?
This is a rule that says the evidence obtained through a constitutional violation cannot be used against the defendant. It’s related to the fruit of the poisonous tree, which requires that evidence obtained unconstitutionally obtained can be excluded in many cases. Judges will not exclude the evidence on their own. Defendants must bring a motion to suppress.
What is a motion to suppress?
This involves the defendant asking the judge to exclude certain evidence from being considered at trial. It’s a pre-trial motion, and sometimes, successful, in suppressing evidence – and helping you avoid a trial altogether because a prosecution might not be able to prove his, or her case, without the evidence.
Our main and only goal is to help the charges get dismissed. It’s that simple. We look at the strength of the case against you, and will do everything possible to weaken it. We’ll move to suppress evidence, and use court procedures to hinder the prosecutors case – and improve our chances of winning the case. In the event we don’t think winning the case is possible, we’ll look into plea bargains that are beneficial to you. If there are weaknesses in the prosecutors case, we’ll use that as leverage to get what we want on behalf of our clients. The first step in winning your case is hiring a respectable Philadelphia criminal defense law firm who cares about you, and is looking to help you win your case. Our Philadelphia criminal attorneys understand how prosecutors and judges will act. When you hire a private criminal defense attorney in Philadelphia like ourselves, it’s harder for a prosecutor to go to trial. Often, public defenders have a lot of cases – and can’t dedicate enough time to yours. But, by working with us, you’ll have an attorney whose focused on your case.
Our firm has represented several clients who could have had their lives ruined. Our firm has helped people avoid jail time, fines and other life-changing consequences. If you have already been questioned by the police officers, then it is important for you to act quickly.
You will need to contact our firm today.
We Are Here for You
We know that it is important for you to have an Philadelphia criminal attorney that you can trust. We will keep the lines of communication open. We will provide you with the information that you need to know throughout the entire case. We know that you are going through an incredibly stressful time. We strive to help ease the stress of this case.
We not only want to make life less stressful for you, but we also want to take the stress off of your loved ones. They are probably just as worried about your case as you are.
We Believe in Second Chances
Our firm believes that everyone makes mistakes. One mistake that you make does not have to ruin the rest of your life. We want to help people resolve their case as quickly as possible so that they will be able to return to their normal lives. You should not have to pay for one mistake for the rest of your life.
However, it is important to remember that time is of the essence. You will need to act quickly if you want your case to have the best outcome. You will need to get in touch with us today so that we can discuss your case. After we know all of the important details of your case, we will prepare your defense.
There are several criminal defenses that can be used. The best defense will depend on your case.
How many criminal cases go to trial?
Very few cases go to trial. Charges are usually dismissed, or dropped, because the defense can succeed in pre-trial motions, which destroys the prosecutors case. Most often, the two sides will reach a plea bargain in which the defendant pleads guilty, or no contest, in exchange for a lesser charge or lighter sentence.
Should I waive time?
Sometimes the prosecution will ask the defendant to waive time, which means waiving their right to go to a trial within the time required by law. Defendants are often reluctant, because it means you are waiving your right to a speed trial. Having said that, rushing to trial can be problematic for the defense. You should listen to Philadelphia criminal defense lawyer before deciding what to do.
I had a pleasure of dealing with Mike on couple of occasions. He is an amazing attorney. He always came through and did what was promised. Also he went above and beyond to assist with any request. He is definitely a fighter and will do what is needed to come out with the best outcome
Ella Shapiro
I found Michael Kotik via the internet with the hope by someone to help my son in what we thought was something routine. Long story short after being mislead by the prior firm and received no results and my son sat for 18 months in prison because "no one knew what was going on" Michael was able to not only able to get all time served against his sentencing, he was able to move things along quickly in New Jersey. I highly recommend Michael. He is always there always answers your calls/texts even late on Sunday evenings. When he tells…
Michelle Doria
Frequently Asked
Questions
do the rights i have in a misdemeanor criminal case differ in my dui
Every criminal defendant has certain rights in the criminal justice system. Since a DUI is a criminal charge, a suspect or defendant will have the same rights as any other accused person. Yet, when and how these rights apply will depend on the unique circumstances of the case.
A DUI Charge Can be a Misdemeanor
There is no need to distinguish a misdemeanor from a DUI case. This is due to the fact that a DUI can be charged as a misdemeanor. First and second time DUI offenders are likely to be charged at the misdemeanor level. If convicted, a misdemeanor defendant can be fined thousands of dollars and be sentenced to one year of jail time.
Rights of Criminal Defendants
The 5th Amendment Right to Remain Silent
Every criminal defendant shares the right to not bear witness against him or herself. The Fifth Amendment allows defendants to remain silent about the crime they are accused of. Thus, the state can not compel a defendant to give information about a crime or to testify in a trial.
Public Trials
Defendants have the right to a trial in an open, public forum. This right allows the family and supporters of the defendant to view the trial process. In most cases, anyone off the street is allowed to sit-in on the trial. The purpose of this right is to provide accountability to the public.
This right may not apply under special circumstances. Judges can close a courtroom to preserve order and safety. This usually happens during high profile trials. It is also possible for the court to exclude certain witnesses.
Speedy Trial Rights
The Constitution’s Sixth Amendment states that defendants have the right to a speedy trial. This right promotes judicial efficiency. It also prevents unfair delays in processing the defendant’s case. In some scenarios a case can be dismissed if a trial does not occur within a specified time.
Right to a Jury
All those accused of a crime have the right to be tried in front of a jury of their peers. This right is also found in the Sixth Amendment. There are also protections in place for the fair selection of jury members. Furthermore, in most jurisdictions a defendant cannot be convicted unless there is a unanimous decision.
Attorney Representation
Another right found in the Sixth Amendment concerns representation by an attorney. This is often referred to as “assistance of counsel.” A defendant can always have an attorney handling the case. If a defendant cannot afford an attorney they may use the services of the Public Defender. Defendants can always elect to defend themselves if they prefer.
Every defendant also has the right to adequate representation. A defense lawyer that makes very serious mistakes in a trial may violate the defendant’s Sixth Amendment rights. This could give the defendant grounds to appeal the case.
Witness Confrontation
The accused has the right to hear witness testimony and to perform a cross-examination. The state’s attorneys are responsible for presenting witnesses to testify against the defendant. The intent behind this right is to allow the jury and defense to assess the credibility of the witness.
Bail Rights
Under the Eight Amendment the defendant has the right to reasonable bail. Defendants also cannot be sentenced to “cruel and unusual punishment.” The restriction against cruel punishments means that prisoners must be given humane treatment while in custody. It also means that the length of a sentence should match the severity of the crime.
Unreasonable Searches and Seizures
One of the most often asserted protections is found in the Fourth Amendment. A suspect has the right to be free from unreasonable searches and seizures. Police must have probable cause to carry out a search, or to confiscate items from the defendant. In some cases a warrant may be necessary as well. In fact, the only time police do not need a warrant is where the circumstances allow for a warrantless search. If law enforcement violates the 4th Amendment it may be possible to suppress the evidence obtained.
For assistance in better understanding these rights contact a criminal defense attorney for a consultation.
Does the Court Require I be Present to Enter a Plea in my Criminal Case?
You have been arrested under suspicion of driving under the influence and the time is fast approaching when you will have to enter your plea in the court. This can be a confusing time for many drivers, wondering does the court require they be present to enter a plea in their criminal case.
In this instance, it is always better to err on the side of caution, and speaking with your DUI attorney will allow you to get the most informed answer.
Being Present for a Misdemeanor Case
Driving under the influence (DUI) is considered a misdemeanor in the state of Illinois. Usually when a person is charged with a misdemeanor in the state of Illinois, they can have an attorney represent them and enter the plea in the court on their behalf. That being said, with the DUI, things tend to get a little tricky. Being accused of DUI in Illinois may be the one exception to this rule, because you may be afforded a non appearance, but sometimes the court does require the defendant appear before the court to make their plea.
When you have been charged with DUI in the state of Illinois, it is extremely important that you take this matter serious and retain counsel. Your DUI attorney is familiar with both the court and the judge presiding over your case and will have a better understanding about whether you must be present in the court or not. When there is doubt, in this instance it is always best to get dressed and show up. The judge might decide they wanted you in the court and will now be able to issue a bench warrant because you are not present.
Being Present for a Felony Case
When the driver is arrested for DUI and it is considered to be a felony case, then there is no reason to consult with an attorney about whether or not you need to be in the court. When accused of a felony, the accused must be in the court to make their plea. Regardless if this is for an arraignment, preliminary hearing, plea, or sentencing, the courts require the defendant be present or a bench warrant will be issued by the judge. One reason the courts in Illinois require that the defendant be present to enter a plea in a DUI case is because bail could be an issue, the judge could ask for bail, or the judge could increase the bail that was previously posted.
Your DUI attorney understands how imperative it is that you be present during these hearings, and will put your mind at ease by explaining in detail what you need to say and what you will expect at every step of the way. Your attorney is there to make certain that everything is carried out with full accordance of the law.
Complexity of the DUI Cases
Each DUI case is different from the next, and regardless if you feel the case is being presented as a misdemeanor, you want to be in the court in case things change. New evidence might come to light in your case where a victim comes forward concerning a hit and run, and your case could become a felony. Your attorney will be on top of everything, but drivers who feel they can represent themselves run into trouble when new evidence is presented.
Showing up in court for every hearing will allow you to follow along with any changes to the case that could arise.
Still Unsure About Appearing in Court
When in doubt about being present to enter a plea in a criminal case, just show up. Showing up to court can not hurt your case, but not being in front of the judge could result in serious consequences that might negatively impact the penalty handed down. The last thing that you want is a bench warrant being handed down because you misunderstood or the online forum you checked gave you incorrect information. Don’t leave anything to chance when it comes to entering a plea, retain counsel and consult with the DUI attorney as the time approaches.
Your DUI attorney will be in the best position to tell you exactly when and where you need be present. Perhaps the judge has a question or more information is needed, it is always best to be safe than sorry in this instance.
If you are ever wondering does the court require you be present to enter a plea in your criminal case, start with asking your DUI attorney rather than friends or Google. Your attorney spends a considerable amount of time in that court, understands the needs of each judge, and is informed about all the complexities concerning these type cases.
Can my case get dismissed
When you speak to one of our Philadelphia criminal lawyers, our goal is to help your case get dismissed. Not every defendant who faces criminal charges will end up going to trial, or take a plea. Many cases get dismissed by the prosecutor or by the court. The first thing our Philadelphia criminal attorney will do is determine whether there are any grounds on which the case can be dismissed before taking a plea deal, or going to trial. Some grounds include, but are not limited to:
Lack of probable cause
Improper criminal complaint
Illegal stop / search
Lack of evidence
Unavailable witness
Loss of evidence
No probably cause to arrest
In order to arrest you, the police must have probable cause to believe you actually committed a crime. Police officers cannot arrest a person just because they have a feeling. The officer must have reasonable cause you did the crime. If the police officer arrests you without probable case, then the evidence they gathered + your arrest can be thrown out.
Mistakes in criminal complaints
When police officers write a criminal complaint/charging document, they have to sign under oath the truthfulness of the contents. If a complaint does not comport with state/local law due to a significant error, or omission. If the officer who was involved in the case is not available to correct the error, then the prosecutor may have to dismiss the complaint.
Illegal stop or search
Police officers can stop a vehicle or a person under very specific circumstances. For example, if a driver is speeding, or violating traffic laws, the police can reasonable suspect a crime is being committed. If a police officer randomly searches a car, or a person, without cause, then this is a violation of the persons rights. Police can only search a car/house if they have a search warrant. Police can search for a person, if there is reasonable belief the person is carrying a deadly weapon – for example. If police conduct a search without a warrant, and no special circumstances permitted the search, then any evidence gathered in the search cannot be used to convict the defendant.
Insufficient evidence
If a defendant is arrested and there are charges pending against him, then the prosecutor has to present the case and show they have enough evidence to establish probable cause. The evidence must show a factual basis for believing the defendant committed the crime.
