Handling Criminal Charges as an Innocent Defendant
Occasionally, situations arise where an innocent defendant has to face charges for a crime they know nothing about. If faced with such a situation, the defendant can act to clear their name and be free of charges. Aside from waiting for a court trial, there are several other things that an innocent defendant can do to avoid getting a conviction.
The defendant may indeed be innocent of the offense against them. Yet, they are still in a position where they will have to go to court and risk being convicted of a crime they did not commit. Knowing what steps to take and how to prepare oneself can be what prevents them from paying fees and serving time for a crime they did not commit.
Different Ways of Handling Criminal Charges for an Innocent Defendant
#1. Check the Police Report
Before going to trial, take time to go through the police report, checking for inaccuracies. Some police reports may omit essential facts of the case, while others may misrepresent facts or contain the personal bias of the officer.
A careful look at the police report will help you identify possible errors and misrepresentations that need clarified. Witness statements, which are a vital part of a police report, can be specious, making it an inaccurate representation of facts. An attorney can go the extra mile to ensure that the details of the police report are verified.
While you can go to court and win the case, criminal litigations have a lot of financial implications coupled with the risk of wrongful conviction. Therefore, clarifying the police report can bring you closer to settling the charges without facing trial.
#2. Take Advantage of Effective Communication Work
Effective communication will help you throughout the case. Working with a criminal defense attorney could help you navigate through the complexities of the case. One of the things your attorney will do is discuss the details surrounding the case with the prosecution.
Through effective communication, the defense attorney can clear up any confusion and may succeed in settling the matter without going to court in less severe offenses.
#3. Wait Out a Preliminary Hearing
While you may try to avoid going to court, in some instances, court proceedings can be the defendant’s best shot at proving their innocence. If the defendant succeeds in winning the preliminary trial, there are chances the prosecution may drop the charges.
You can decide not to do anything at other times, especially when you are convinced there is insufficient evidence to prosecute the case. When the prosecution finds insufficient evidence to convict the defendant, they will most likely drop the charges. This option may, however, mean dragging the case for a while.
#4. Request for Dismissal of the Case
The defendant’s attorney may decide to arrange for a meeting with the prosecution to convince them, based on available facts, to dismiss the case. If the prosecution discovers that the facts of the case may not hold much water in court, they may decide not to press charges. This decision, of course, depends on the circumstances surrounding the case, which your attorney will study and determine whether a request for dismissal will work in your favor.
#5. Go to Court
As much as you may want to avoid going to court, it may be necessary. With the help of a criminal attorney, you may be absolved of every charge once proven innocent. However, your lawyer will be in the best position to advise if a court trial is the best approach to take in handling the charge.
#5. Get a Criminal Defense Lawyer
Getting a criminal defense lawyer to handle the case brings you many steps closer to addressing the criminal case. Being charged with a crime does not mean you will be convicted. You may be able to mitigate the criminal charges with an experienced lawyer.
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