Criminal Defense Lawyer
We have all become far too familiar with the stories of innocent people being incarcerated. It is not always intentional, but there are often times where a guilty plea or verdict is come down to against a very innocent suspect. As an innocent being seen as guilty, or a family member of a victim in this nature, you would like to know how they can avoid jail time.
Police incident reports are typically all that the prosecutor has or has access to when making the decision to file charges against someone. And even these do not include much information sometimes. These incident reports lack very real evidence, considering they are typically made purely off of hearsay. In these cases, depending on who gets to the officer first or the scene in which the incident occurred, police incident reports can very easily work against the innocent. Some parties involved may even exaggerate pain, or injury, or the incident as a whole.
In the event that a prosecutor is attempting to bring charges up against you or someone you know, it is best to speak with a great and experienced criminal attorney that will be able to get out in front of your case, in your defense. There are incidents where the right attorney can speak with the arresting officer, investigator or prosecutor before any charges are filed. With the right evidence, and depending on the severity of the crime committed, an attorney can speak on your behalf and have the courtroom become something that your case never sees. This is not something that is guaranteed but this is why is it best to speak with an attorney sooner than later.
An attorney will be able to research the case and let the innocent party know all the options they may have, or all the ways their case may play out. So that they may be prepared for all possibilities. Depending on the evidence that has been gathered, it is likely your attorney may have the charges dismissed. In a he-say she-say case, an attorney may be able to show the prosecutor several loopholes or different ways that the incident could have gone. This is not always the best idea, in the event that charges are not dropped. Telling the prosecutor
Letting It Play out
Sometimes the best move for the defense is to do nothing. It can take several months for the prosecution to learn that there’s insufficient evidence to convict the defendant, whether because a witness recants a story or it becomes evident that the witness isn’t credible. (For instance, the witness might have a history of false accusations, or an alleged victim might be actually motivated by a family issue, like child custody.)
Other times a case might go away because the defense wins a pretrial motion, like one to suppress illegally seized evidence. Or perhaps (in a felony case), the defense will win the preliminary hearing, and the prosecution will decide not to re-file. There are several in-court proceedings that might bring about the end of a case short of a plea or trial. But the defense’s chances truly depend on the circumstances.
Get a Lawyer
You probably need a Decatur criminal lawyer defense for many reasons, not least of which is the pretrial stage. Only an attorney can carry out the tasks discussed in this article. Further, an experienced lawyer’s judgment in these matters is essential—your lawyer should be the one to decide which method(s) to pursue, even if that means waiting patiently for trial.
Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and drug charges.