It is common for those facing legal issues to panic. They don’t know much about the criminal justice system and worry about the worst possible outcome of their criminal charges. Some people make the mistake of quickly pleading guilty in the hopes of avoiding a trial and other challenges.
That decision saddles the defendant with a lifetime criminal record and leaves them at the mercy of the courts regarding their sentencing. Those accused of breaking the law have several options available to them that can help them reduce the risks they face.
What strategies can help those concerned about the potential long-term impacts of pending criminal charges?
Negotiating a plea bargain
Instead of entering a guilty plea, retaining the services of a defense attorney can be a better option. A lawyer can negotiate with the prosecutor’s office to arrange for a plea deal. Such arrangements are quite common. Pleas bargaining often involves the state making certain concessions in return for a defendant entering a guilty plea and not taking the case to trial. A prosecutor might agree to reduce the charges or to eliminate certain penalties. They can also limit what information they provide to the courts when filing the charges against the defendant.
Excluding certain evidence
Maybe a police officer failed to provide a defendant with the Miranda warning before questioning them after arrest. Perhaps an illegal traffic stop and inappropriate vehicle search led to an arrest. In situations where police officers or investigators violated the law or the civil rights of a defendant, a defense attorney can leverage that misconduct in court. It is sometimes possible to exclude ill-gotten evidence from criminal proceedings. The elimination of evidence may result in the dismissal of charges or may create a clear path for a straightforward defense strategy.
Countering the state’s claims
When a criminal case goes to trial, a defense attorney can help the defendant respond to the state’s allegations. The lawyer can bring in expert witnesses who can provide an alternate explanation or show how the state may have mishandled evidence. They can propose an alternate suspect or help clarify the defendant’s alibi. They could even establish an affirmative defense by claiming that duress, temporary insanity or self-defense mitigate the criminality of the defendant’s conduct.
It is possible in many situations for defendants to avoid convictions and the worst penalties possible. Reviewing the state’s claims and evidence with a skilled legal team can help people effectively respond to pending criminal charges.