Although it Is not a desirable position to be in, when you are faced with criminal charges and innocent, you can possibly avoid a guilty plea. Criminal charges do not automatically mean you are heading to trial. What it does mean is that you and your criminal defense attorney need to get to work. This article will discuss what steps you need to take.
Before Charges
If you and your lawyer are aware that criminal charges are possible, he or she can intervene before the charges are actually filed. When a prosecutor receives evidence of a crime, he or she has to make a judgment call based on legal experience and the law as to whether or not charges are warranted.
Your lawyer can contact the prosecutor and review the evidence in the case. Your lawyer can possibly convince the prosecutor that the charges are not necessary. The lawyer can point out weak points in the case and provide the prosecutor with your side of the story.
If the prosecutor still wants to move forward with charges, your lawyer might be able to convince him or her to file for lesser charges or reach an agreement on the punishment. If you are facing prison and the case seems solid, even though you are innocent, taking a plea could possibly be in your best interests.
After Charges
Once the charges are filed, the options that your lawyer has for dealing with them differs. One strategy could be to ask the judge to dismiss the charges against you. This is usually an option if the case against you is weak. Even though the prosecutor did not feel it was, the judge might side with your lawyer and dismiss the charges.
You also have the option of just letting the case go forward to trial. If the case goes to trial, your lawyer can poke holes in the prosecutor's case and possibly secure a not guilty verdict. This is especially true if you have strong evidence that you are innocent. For instance, if you have a receipt showing you were at another location when the crime occurred, you could be acquitted.
Your lawyer can help you determine the best way to handle pending or already filed criminal charges. It is important to secure legal representation as soon as you become aware that you are being investigated and could possibly be charged with one or more crimes. The earlier your lawyer is involved in the case, the better for your chances of winning.
Share12 February 2015
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