How can Innocent Defendants Handle Criminal Charges
Innocent defendants sometimes face the prospect of being charged by prosecutors despite their best intentions not to do so. Regardless of the reason why the charges were filed the innocent defendants have a right to know what they can do to avoid a conviction. They can choose to hire the services of a lawyer to understand this situation and it is indeed possible for the innocent defendants to avoid a verdict.
[su_quote cite=”Robert Kennedy” class=”cust-pagination”]”The glory of justice and the majesty of law are created not just by the Constitution – nor by the courts – nor by the officers of the law – nor by the lawyers – but by the men and women who constitute our society – who are the protectors of the law as they are themselves protected by the law.”[/su_quote]
The case is subject to limited and erroneous information
When a case appears on the desk of a prosecutor who decides on filing the charges the only information available is a police report of the incident. In most cases, it is a preliminary report and has limited information. It is also known that police reports frequently get some facts incorrectly because of wrong information provided by witnesses. A police report cannot be considered as being factually correct because the victims making the report may make the wrong statements and even exaggerated injuries.
The innocent defendant in such cases will have an opportunity of going to trial and hoping for an acquittal. However criminal trials are expensive and are also time-consuming and it is better to have the case nipped in the bud before the case moves forward.
Intervening before the charges
One of the main reasons why you need to hire a criminal defense lawyer is to get pretrial communication whereby the lawyer will receive information from the prosecutor about the charges to have them dismissed especially in cases which are not serious.
Going for a dismissal
Innocent defendants often have to wait until the charges are filed by the prosecutor before they can have their lawyers involved in the case. However, this does not indicate that a trial is on the cards. The innocent defendant can have a client meeting with his or her lawyer to get a complete overview of the facts and any other information which may be relevant. At that point of time, the lawyer will decide upon the options which are available to them. It is quite possible for the lawyer to decide to investigate the incident to gather evidence. The evidence thus collected may be used by the lawyer to persuade the prosecution to dismiss the charges.
Letting the case move on
At times, it may be best for the defense not to do anything because it can take several months for the prosecution to understand they have no evidence to convict the innocent defendant. Many cases have been observed where the defense wins a pretrial motion where they can prove that an attempt was made to suppress evidence. The circumstances of the incident will have a major role to play in the chances of the innocent defendant and therefore they should consider using the services of a lawyer at the earliest possible moment.
Getting a lawyer
A lawyer can be useful to an individual for a number of reasons one of which is also the pretrial stage. The tasks required for such cases will require the services of an attorney because they are capable of handling investigations and gathering the evidence that is needed.
It is extremely important for innocent defendants to rely on an experienced attorney and their judgment and should be giving him or her the option of deciding the methods to pursue even if it entails waiting for a trial patiently.
Innocent defendants can sometimes face a lot of stress because of charges which may have been brought against them simply because the wrong information was received by the prosecutor. Defendants that are truly innocent should not be afraid of the law and choose to hire an attorney who will be truly capable of handling any criminal charges which may be brought against them.
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