A prosecutor’s job is to bring charges against defendants whom they deem to be guilty. But even the most well-intentioned prosecutors may make a mistake and bring a charge against someone who is innocent. When that occurs, the defendant may prove his innocence without going to trial.
The Initial Filing
Prosecutors decide to press charges against defendants based upon the police filings that they receive. The problem with these police reports is their potential for inaccuracy due to inadequate circumstance descriptions or even lies. Thus, the prosecutor may press charges without full understanding of the case.
Although some defendants may choose to go to trial in hopes of getting an acquittal, trials are both expensive and timely. Thus, a criminal defense lawyer will attempt to negotiate with the prosecutor before he files.
Intervening before Charges Are Filed
If time permits, a good criminal defense attorney will communicate before the charges are file. He will clarify the defendant’s case to the prosecutor in hopes of him not filing the charges. As such, the potential charges will be dropped. The case will never go to court and will save the defendant from going through the court process. It is imperative for a defendant to hire an attorney to address the matter as soon as possible.
Motioning for Dismissal
Once charges are filed, the court will oversee the case. Depending on the best strategic method, your attorney may wait for a trial to proceed before filing a motion for dismissal. Other times, you and your lawyer may decide to file for dismissal as soon as possible, and you may never have to go into court.
Playing the Waiting Game
Lastly, the best strategy for the innocent may be to wait out the case. This does not mean that you should avoid going to court in hopes of the case disappearing, but merely allow the prosecution to prove your guilt. If the prosecution cannot prove guilt beyond a reasonable doubt, then the case goes away. Also, the case may get dismissed if the prosecution fails a pretrial motion such as using illegal evidence.
Consulting an Attorney
If you are seeking help for your criminal case, please contact a criminal defense lawyer. He can better assess your case and help you with your specific needs.
Authored by Mabel Yee, LegalMatch Legal Writer