Law

Charges Dismissed or Reduced: How a Strong Legal Defense Strategy Can Impact Case Outcomes

Charges Dismissed or Reduced: How a Strong Legal Defense Strategy Can Impact Case Outcomes

Are you curious what separates a conviction from walking away free?

Defense strategy. Period.

Between charges dismissed or reduced and a conviction on your permanent record sits a compelling defense strategy.

The issue is…

Most people don’t fully understand just how much defense strategy matters until it’s too late. They think just because they’ve been charged with a crime they’ll automatically be convicted. But that’s not how it works.

What happens is…

Defense strategy can help invalidate evidence, identify procedural mistakes and negotiate with prosecutors to get charges dropped or reduced before a case even goes to trial.

In this article, you’ll learn:

  • Why Defense Strategy Is Important
  • Ways Charges Are Dismissed or Reduced
  • 5 Defense Strategies that Help Your Case
  • Importance of Legal Representation

Why Defense Strategy Is Important

Having been charged with a crime does not equal being convicted.

And the difference between the two is where defense strategy comes into play.

Plea bargains make up approximately 98% of federal convictions. That means only 2% of criminal cases go to trial. The majority of pleas are settled.

Negotiated.

Nowhere else is defense strategy more important than during plea negotiations. Plea deals are where an Escondido criminal defense attorney will negotiate with prosecutors to have charges dropped or reduced on behalf of the defendant.

Without legal representation, defendants will likely accept a deal that’s much worse than it needs to be.

…but defense strategy doesn’t just happen at trial. It matters at every stage of a criminal case. From arraignment all the way up to sentencing, having the right strategy can change the outcome.

Ways Charges Are Dismissed or Reduced

Contrary to popular belief, charges being dismissed or reduced happens more frequently than most people think. But, when it does happen, there’s always a strategy in place to make it happen.

So how does it happen?

Defense lawyers go over every detail of the case to find any opportunities to convince the prosecutor or judge that the charges should be dropped or reduced. This includes reviewing how evidence was gathered and if rights were violatedby law enforcement.

If any improper tactics were used, there’s a good chance to have charges dismissed or reduced.

Here are a few common reasons why charges may be dropped:

  • There isn’t enough evidence to prove the case.
  • Police made mistakes during the arrest.
  • The key witness isn’t available to testify.
  • The search and seizure was unlawful.

When any of these defenses are successful, it gives the attorney the ability to fight for a better outcome.

5 Defense Strategies that Help Your Case

Let’s talk about what strategies actually work. Below are five defenses an attorney can use to get charges dismissed or reduced.

Defense Strategy #1: Challenge the Evidence

If nothing else, understand this…

The prosecution has the burden of proof. But for them to meet that burden, their evidence needs to be undeniable.

A defense attorney will analyze how the evidence was collected, stored and processed. If they find any inconsistencies or violations of rights, they can have that evidence suppressed.

No evidence = weaker case for prosecution.

Defense Strategy #2: File Motions

Motions are an extremely effective way to win a case before it ever starts.

Federal plea bargains only see about 2% of people going to trial. Meaning the rest of the people have their motion decided by a judge.

An attorney can file motions to suppress evidence, dismiss the case or request alternative sentencing. If they’re successful with any of these motions, the defendant walks away with charges dropped or reduced.

Defense Strategy #3: Negotiate Plea Bargains

Plea bargaining is by far the most common way charges are dropped or reduced.

The trick is…

A lawyer can’t just accept the first plea deal offered. They should always be negotiating with prosecutors to try and get the best deal possible.

Sometimes that means reduced charges. Other times it can mean reduced sentencing. Or they may offer alternative programs like diversion that allow defendants to stay crime-free and avoid a conviction on their record.

Accepting the wrong plea deal could mean decades of life in prison. Having a lawyer that will fight negotiation tooth and nail matters.

Defense Strategy #4: Prove Rights Were Violated

Rights exist for a reason.

When police violate those rights, it can become a viable defense to get charges dismissed. Examples of rights violations include:

  • Illegal search and seizure
  • Failure to Mirandize at time of arrest
  • Failure to allow a call to an attorney
  • Coercing a confession

If an attorney can prove any rights were violated, the chances of getting charges dismissed go way up.

Defense Strategy #5: Present Counter Evidence

Sometimes the best defense is having evidence the prosecutor doesn’t.

Supplying proof of an alibi, video surveillance, forensic tests or expert witnesses can create reasonable doubt.

And reasonable doubt is what the prosecution has to overcome.

If they can’t prove guilt beyond reasonable doubt, they don’t have a case.

Importance of Legal Representation

Statistics don’t lie. Defendants with a lawyer are far more likely to win their case with charges dropped or reduced.

When comparing defendants who have hired attorneys and who went at it alone, the people with legal representation fare better across the board.

Here’s the problem with going it alone…

Most people don’t know criminal defense law like a lawyer does. They won’t know what motions to file or what evidence to challenge. They also don’t know how to properly negotiate with prosecutors.

Defendants wind up handing their power over to the judge and prosecutor by not having someone in their corner that does.

Wrapping Up

Everything in this article boils down to one thing; defense strategy matters.

Whether we’re discussing how to discredit evidence, file motions with the court or negotiate with prosecutors…

Each piece of a defense strategy is crucial to the case.

Here are the big takeaways from this article:

  • Just because someone is charged doesn’t mean they’ll be convicted
  • Defense strategy can impact a case from start to finish
  • Most cases are won or lost before trial during plea negotiations
  • A good attorney is essential to winning a case
  • The best chance of getting charges dropped comes with legal representation

Don’t sell defense short. Anyone facing criminal charges should retain a lawyer as soon as possible and start building a defense strategy from day one.

 

Aliza
Aliza
I’m Aliza, the founder of Urdu Novel Bank. I built this site because I love Urdu stories and want everyone to enjoy them. As an Urdu literature lover, I choose the best novels to share with you. Here you can find free Urdu novels in romance, mystery, thriller and more. Read online or download PDF chapters without signing up. I update the library often so you’ll always have new tales to explore. My goal is to bring Urdu literature to readers around the world.