How to Overcome These 5 Common Questions of Criminal Charges

Problem: People often panic or say things that could be used against them after an arrest.

Solution:

• Exercise your right to remain silent. Anything you say can be used against you.
• Request an attorney immediately. Avoid discussing your case with anyone except your lawyer.
• Stay calm and polite. Resisting arrest or being combative can result in additional charges.

Problem: Being charged with a crime doesn’t mean you're automatically guilty, but the fear of conviction can be overwhelming.

Solution:

• Challenge the evidence: Your lawyer can file motions to suppress illegally obtained evidence (like improper search and seizure).
• Negotiate with the prosecutor: A skilled defense attorney may be able to negotiate for a dismissal or reduction of charges based on the evidence.
• Prove insufficient evidence: If the prosecution lacks strong evidence, the charges may be dismissed.

Problem: Many fear the prospect of incarceration when facing criminal charges.

Solution:

• Negotiate a plea deal: In many cases, prosecutors are willing to offer plea bargains that include probation or community service instead of jail time.
• Seek alternative sentencing: Programs like drug rehabilitation, anger management, or community service can sometimes replace jail time.
• Argue for a suspended sentence or probation: With the right legal strategy, your lawyer can persuade the judge to impose a non-custodial sentence.

Problem: Remaining in jail while awaiting trial can negatively impact your ability to prepare a defense.

Solution:

• Request a bail hearing: Your lawyer can request a bail hearing to argue for a lower bail amount or release on your own recognizance (without having to pay bail).
• Use a bail bond company: If you can’t afford bail, a bail bond company can post bail on your behalf for a fee.
• Prove you're not a flight risk: Your lawyer can present evidence that you have strong ties to the community and are unlikely to flee.

Problem: A criminal record can make it difficult to get a job, housing, or even educational opportunities.

Solution:

• Expungement: In some cases, you can have your criminal record sealed or expunged, making it inaccessible to employers or the public.
• Pardon: Depending on the offense, you may be eligible to apply for a pardon from the governor or president.
• Appeal the conviction: If you believe there were errors during your trial, your lawyer can appeal the conviction, potentially leading to a reversal or retrial.

A Criminal Defense Attorney:

• Represents your rights throughout the legal process, including police investigations, hearings, and trials.
• Investigates your case, gathers evidence, and challenges the prosecution's case.
• Negotiates plea deals if applicable and provides strategic guidance on whether to settle or go to trial.
• Defends you in court, presenting evidence and arguments to achieve the best possible outcome, such as a dismissal, acquittal, or reduced sentence.

September 26, 2024

Overcoming criminal charges requires careful legal strategy, and having a skilled Defense Attorney …