There can be few things in life more stressful than being charged with a criminal offense, yet few of us know the steps to take if this should ever happen. The first thing to do is to consult a law firm that specializes in criminal, rather than commercial or domestic, legal cases, and let them guide you through the entire process.
It’s important to get legal representation as soon as you realize there’s a problem. So what exactly will your lawyer do to help you win your case?
Before You’re Arrested
If the police are in contact with you, but you haven't been arrested, it means that evidence is still being gathered. Your attorney will advise on the information you should share, and may even be able to prevent charges from being filed.
Negotiating A ‘Substantial Assistance’ Deal
A lawyer can reach an agreement with the authorities to help you get credit for any information you may be able to provide about the involvement of others– known as ‘substantial assistance’. It's important that an attorney advises you and ensures an appropriate deal is agreed upon – this may result in charges being minimized or even dropped in some cases.
Deciding Whether To Go To Trial
Your attorney will gather and review all the facts of your case, and advise of the chances of you winning in a trial. Firms specializing in criminal defense, such as Pringle Chivers Sparks Teskey, will have teams of experts in the various types of criminal charges so they'll understand the strengths and any potential weaknesses of the case against you – but in the end, it will be your decision.
Making Your Case At Trial
Your defense attorney will present the facts of your case in the best light and demonstrate that the State has been unable to demonstrate your guilt beyond a reasonable doubt. He or she will call witnesses, and attempt to find weaknesses or inconsistencies in prosecution evidence to sway the option of the judge and jury.
Handling An Appeal
In any trial, regardless of the facts, the outcome will be in the hands of the judge and the jury. If you believe you are wrongly convicted, your attorney will assess the possibility of overturning the verdict on appeal.
However, until an appeal of your case happens, you will be subject to whatever penalties the court has decided.
Negotiating A Plea Agreement
This is an alternative going to trial. Your specialist lawyer will understand all the implications of accepting a plea deal if you are offered one. They may be able to have some charges dropped, or combined. If time in prison is part of the agreement, your attorney will negotiate to reduce the time of the sentence or have multiple sentences served concurrently.
What’s clear is that if you’re ever faced with the possibility of criminal charges, engaging the services of an experienced criminal defense attorney, as soon as you become aware of the problem, will maximize your chances of navigating the difficult legal waters ahead of you as quickly and painlessly as possible.
