Even the most effective prosecutors occasionally file charges against an innocent defendant. Regardless of why charges were filed, the person would want to know what he/she and an attorney can do to avoid conviction. Other than trial, there are ways to avoid a guilty verdict.
Filing Decisions: Erroneous/Limited Info
When a prosecutor receives a case to be filed, in many cases the police report is all they have to go on. These reports, especially preliminary ones, are limited in scope and often full of inaccuracies caused by witness misstatements and officer bias. If charges are inaccurate, the defendant can take the case to trial in hopes of an acquittal. However, trials are expensive and risky; a criminal lawyer in Junction City, KS, can often keep them from happening.
Pre-Charge Intervention
Communication before trial is a big reason why it’s important to hire a defense attorney as soon as possible. If the case’s facts warrant it, some attorneys intervene before charges are filed. This can involve calling the arresting officer before the case is handed to the prosecutor, or calling the prosecutor before a decision is made. In minor cases, an attorney may be able to arrange it, so the case never makes it to court.
Petitioning for Dismissal
In many cases, an innocent defendant must wait until charges are filed before their attorney can help. However, that does not always mean that trial is inevitable. Client-attorney meetings can give the attorney an overview of the case’s relevant facts, and the attorney can weigh the client’s potential options such as summary dismissal.
Playing it Out
Sometimes, the defense’s best move is not to act. It may take months for a prosecutor to discover that there is insufficient evidence, or that an alleged victim may have other motivations. In some instances, a case may disappear because the defense is successful with a pretrial motion, or because the prosecutor decides not to re-file the charges.
Get an Attorney
Oleen Law Firm can handle the tasks listed in this guide, and a lawyer’s judgment can be invaluable in these matters. A criminal lawyer in Junction City, KS, can recommend the right course of action, even if that is to wait for a trial.
