In many instances, one of the first strategies a felony lawyer uses is attempting a fast end to the case with positive results. This can be accomplished by persuading the opposing attorney to drop charges or a judge to dismiss the case. The attorney looks for ways that this effort could be successful. It generally is the best possible outcome for people charged with a felony.
The Prosecution
The attorneys on the opposing side are county government employees representing "the people." Most jurisdictions refer to these individuals as district attorneys and assistant district attorneys. These lawyers often are willing to dismiss charges if the defense lawyer can show that their case is likely to be defeated in court. That might be because of insufficient evidence, a judge excluding some evidence, or an indication that law enforcement officials were careless in some way.
Defense Methods
Defense lawyers do not just accept what reports from law enforcement say. Instead, they interview people connected with the case and review all the evidence. They look for flaws in the case.
By law, the prosecution must provide information the defense requests. This part of the legal process is called discovery.
These methods support attempts to convince a judge to end the case or the district attorney's office to dismiss the charges. They also give the felony lawyer more insight about whether a plea bargain would be advisable if these efforts fail.
Considerations
These efforts do not always work. In many instances, law enforcement handled its tasks properly, and evidence is strong against the defendant. The lawyer then considers other strategies for achieving as positive an outcome as possible. This attorney and the client must choose whether to plead not guilty in a trial or negotiate a deal with the prosecutor.
Throughout the country, about 80 percent of cases that are not dismissed end in plea bargains. This typically results in reduced charges along with a lesser sentence because the result of a future trial is unpredictable. The government's advantage is that most court systems could not handle a much larger caseload than they already deal with. A judge must review and approve the plea bargain.
Concluding Thoughts
A criminal defense lawyer provides skilled representation and protects the defendant's rights throughout the process. The focus is not on whether the client is guilty. All U.S. citizens and permanent residents have the right to legal defense. During an initial consultation, the defendant has a chance to discuss the case and learn more about how this particular lawyer would approach it.
Contact a felony lawyer to learn more.
Share24 February 2021
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