Even with the best of intentions, prosecutors occasionally file charges against an innocent suspect. No matter the reason for the charges, an innocent defendant wants to know what they and their lawyer can do to prevent conviction. Read on to learn how a defense lawyer like Aric Cramer can help a defendant get charges dropped.
Erroneous or Limited Information
When cases come across a prosecutor’s desk, they often have only the police report to go on. Most reports, especially preliminary ones, are limited in the scope of information they convey. Furthermore, many reports get facts wrong because of witness misstatements or officer bias. When charges are specious, defendants certainly may go to trial and hope for an acquittal. However, before it gets that far, a defense lawyer will try to stop it.
Intervening Before the Charges are Filed
Pre-trial communication is just one of the reasons defendants should hire defense attorneys as soon as possible. If the facts of the case are suitable, a lawyer may attempt to intercede before the prosecutor files charges. This may involve contacting an investigating or arresting officer or speaking to the prosecutor before they make their filing decision. In a less serious case, an attorney may be able to arrange it so the case never gets to court.
Requesting a Dismissal
Often, an innocent defendant must wait until charges are filed to get a lawyer involved. However, that doesn’t mean a trial is a certainty. When clients meet with their attorneys, they should provide an overview of all facts relevant to the case. From there, the attorney will weigh the client’s options.
Allowing it to Play Out
In some instances, the defense’s best move is to take no action. It may take some time for the prosecutor to discover that there’s not enough evidence for a conviction, or a key witness may recant their statement. There are a few proceedings that may bring a case to an end prematurely, but a defendant’s chances may depend on their individual circumstances.
Hire an Attorney
Defendants need legal help for various reasons, including the pre-trial stage. Only a lawyer can perform the steps listed in this guide, and their judgment is crucial. For more information or to request a consultation, call the office today.