When you are charge with a crime, you may be able to negotiate a settlement that results in dismissal or reduction of the charges. Following are some tips to successfully negotiate criminal charges.
1. Identify Potential Defenses
With every criminal charge, there may be defenses available. If you carefully review the case, then you may be able to identify certain defenses. If you can point these defenses out to the prosecution, then they may acknowledge the defense without the need to have a formal motion hearing. This could result in a reduction of the charges.
Identifying defenses is not always easy, so it is important to consult with an attorney who can review the evidence and provide advice about your options. Some defenses may not be obvious, so it is important to have someone who knows that law review your case further. An Overland Park theft lawyer could be trusted to review your case due to their experience in that field.
2. Emphasize Your Character Attributes
In many criminal cases, the prosecution may be influenced if they can see your positive character attributes. This could include letters of support from friends, co-workers and peers who attest to your character.
For a lot of cases, prosecutors have little exposure to who a person really is. By providing the prosecutor with a glimpse of your character, they will hopefully be more willing to negotiate a fair resolution.
3. Be Prepared With Alternate Resolutions
When negotiating with the prosecution, be ready to present alternative resolutions to the case. This could include proposals for reduction of a charge and specific recommendations for sentencing to justify the reduction.
You can present different options to the prosecutor to allow them numerous ways to try and resolve the case. By being prepared with different options, you will make the prosecutor's job easier and give them an incentive to work with you.
4. Address Certain Issues Beforehand
In many criminal cases, the sentence will include specific items to address issues related to the charge. For example, in a drug case you may be required to undergo drug testing and treatment. If you are proactive and complete drug testing while the case is pending, then it may influence how your case is viewed.
Find out what types of sentences are typically imposed with the charges you are facing and try to address some of those items beforehand.
5. Know Your Prosecutor
Every prosecutor has their own style and tendencies. When you are negotiating a criminal case, it is important to know the personality of the prosecutor that you are dealing with. This will help you fashion a strategy that will most effectively result in successful negotiation of your criminal charges.
If you lack experience with a particular prosecutor, then contact others who have experience to get their input and suggestions. Research your prosecutor and learn about their background. You may be able to draw upon similar backgrounds or interests.
6. Demonstrate Your Knowledge Of The Law And Case
When you negotiate a criminal charge, you should be well versed on the law that applies and the facts of the case. By showing that you are prepared and know the ins and outs of your case, it will make the prosecution more hesitant to push the case toward trial.
This will require conducting discovery and carefully examining the case. You may also have to issue subpoenas to obtain other information that is relevant to your case. Because criminal charges can have significant consequences, you should be thorough in your review of the case.
7. Seek Representation From An Experienced Attorney
Having representation from an experienced criminal defense attorney cannot be discounted. An attorney can provide advice that is specific to your situation. They will know how to best negotiate your case. They will help you understand your options and can give you advice about what to do to improve your chances of successful negotiating your case.
At rawlingscriminallaw, we are experienced in defending clients against a variety of charges. We have successfully negotiated many cases to lesser charges and even complete dismissal. If you are facing criminal charges, whether it is a misdemeanor or felony, contact Rawlings Criminal Law to learn how we can help.
