On occasion, even the most well intention prosecutors will file and pursue charges against an innocent suspect. Naturally, innocent defendants, regardless of the reason charges were filed, want to know how they, or even more preferably, what their attorney can do to avoid conviction. Other than going through the trial process that you can only hope will prove your innocents, we at Kajioka & Associates, Attorneys at Law would, like to offer suggestions to avoid the guilty plea or verdict.
Police Reports Can Be Wrong
More often than not, all that is available is the police report of the incident in question to a prosecutor who makes filing decisions. The average preliminary police report conveys information that is limited and flawed. Whether because of misstatements or lies by witnesses or simple due errors based on the bias opinion of the officers involved, the facts can be wrong.
Example of How Police Reports Can Be False
For example, the exact words between two participants in an argument that turned into a physical fight can be misrepresented in a police report, or simply wrong all together. In an incident report, the officer can write that the aggressor in an incident claims the defendant attacked him, where in fact the defendant acted in self-defense. The alleged victims may exaggerate or lie about their injuries. The defendant certainly has the option of going to trial in hopes for an acquittal if the charges are suspicious and criminal trials are risky and expensive not to mention stressful and for the proceedings leading up to trial. A good defense attorney will do what they can to avoid letting a case that far.
Intervention By Criminal Defense Lawyer
One of many reasons hiring an experienced criminal defense lawyer is to have competent pretrial communication. Never rush into a decision or have your attorney pressure you into a decision. In many situations, lawyers will try to intervene before the prosecution even files charges, so getting a defense attorney sooner than later is in your better interest.
Going for a Dismissal
Innocent defendants have to wait until the charges are filed before getting an attorney; this does not imply a trial. When meeting with the attorney, it is essential to go over the facts, no matter how minor you think they may be. The lawyer can weigh out all of the options having all of the facts. The lawyer will likely immediately investigate the incident and gather evidence and witnesses.
Sometimes it’s Best for Defense to Do Nothing
In some cases, the best move for the defense is to do nothing. It can take the prosecution to investigate and, in the end, find there is insufficient evidence for a conviction, or even realize the witnesses’ credibility is unstable. The defense wins a pretrial motion, like one to suppress illegally seized evidence in other instances. The prosecution will decide not to re-file should the defense win the preliminary hearing in a felony case. There are many examples where waiting it out can be the best course of action and a defense attorney with experience and skills will recognize the optimal solution.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
There are many reasons why you need a criminal defense attorney as soon as possible. Retaining a lawyer can potentially prevent the latter procedures and get the innocent defendant the best possible outcome. Call Kajioka & Associates, Attorneys at Law for a consultation.