5 Ways to Beat a Criminal ChargeJuly 29, 2022
A criminal record can be damaging to your life. Along with damaging your reputation, it makes it difficult to find employment, hold public office, get approved to rent a house, travel overseas, get professional registrations or licenses, obtain insurance or financing, take on volunteer work, reduce child custody rights, lose the right to owning firearms, adopt a child, or get favorable penalties for subsequent crimes.
If you know your constitutional rights and how to explore your case, you can get off criminal charges. While criminal charges don’t always imply that you should face trial or plea bargain, most of them get dismissed by a judge or the prosecuting attorney even before the trial is considered. This article outlines five ways to beat a criminal charge.
1. Hire a criminal defense attorney
Getting a criminal charge can be distressing and scary, regardless of whether you’re innocent or at fault. The criminal and legal processes can be overwhelming and confusing, mainly for first-timers. There’s a lot of paperwork to file, evidence to collect, and queries to respond to from the police. Any mistake on your part could threaten your case, meaning a higher sentence, harsh charges, and fines on your record. With the help of a criminal defense lawyer, you can avoid excessive stress while increasing the possibility of beating a criminal charge.
2. Find errors in the criminal complaint
When law enforcement officers write a charging document or criminal complaint, they must sign it under oath, certifying the contents’ truthfulness. If the complaint doesn’t comply with local or state laws due to significant errors or omissions, the prosecutor can’t edit the charging document and submit it to a judge. If the officer who prepared and signed the charge sheet isn’t available to make the necessary changes, the criminal charges against you might be dismissed.
3. Insufficient evidence
If you’re arrested and have pending charges, the prosecutor must prove the legitimacy of those charges. They should present sufficient evidence and prove beyond reasonable doubt that you committed the crime. Where the prosecutor doesn’t meet this criterion, the judge or jury can get the case against you dismissed. In some instances, the prosecutor can dismiss the charges if there’s insufficient evidence for continuing the case.
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4. Be honest with your attorney
Your attorney is key to helping you beat your criminal charge, so being honest with them is paramount. Being open with them about every aspect of your case is the most effective way to safeguard yourself while beating the criminal charge against you. Being honest with your attorney concerning every case detail can help them create a stronger, more persuasive, and compelling defense strategy to beat the charges against you.
5. Present witnesses
Witnesses are crucial to beat your criminal charges, especially if the case goes to trial. They have relevant details regarding the crime. Witnesses have a duty to be truthful about everything they know about the case. The information witnesses provide constitutes the evidence used to determine whether you committed the crime or not. You can successfully beat your criminal charges if the evidence provided is in your favor.
A criminal record can be damaging to one’s professional and personal life. With the help of a criminal defense attorney, use these tips to beat a criminal charge.