Those facing criminal charges are often unsure of how to respond. Many people default to pleading guilty because they do not want to go to trial. Others may do whatever is necessary to prove that they did not break the law.
Those intending to fight their pending criminal charges typically have to develop a strategy before they go to court. There are a variety of different tactics people can employ when responding to pending criminal charges. The options outlined below are among the most common.
Negotiating a plea bargain
A plea bargain is different from a standard guilty plea. Typically, a defense attorney communicates with the prosecutor’s office. They may be able to convince the state to pursue lesser charges or to limit the penalties the defendant faces. In some cases, plea bargains might involve providing information for a separate but related criminal case. Other times, agreeing not to take the case to trial can inspire the prosecutor to cooperate with the defense attorney.
Seeking the dismissal of charges
One of the best criminal defense outcomes involves the state dropping the pending charges. Frequently, that outcome is the result of a defense attorney proving that something inappropriate happened during the investigation or after police officers arrested an individual. Both illegal searches and Miranda violations could trigger the exclusionary rule. A defense attorney can ask the courts to exclude certain evidence. The prosecutor may then have no real options other than the dismissal of the charges.
Analyzing the state’s evidence
Sometimes, the evidence gathered by police officers or state investigators may implicate another person. Other times, there might be issues with how the state analyzed the evidence. Defense attorneys often bring in expert witnesses who can provide an alternate perspective on the state’s evidence. They can raise questions about whether the defendant had any involvement in the crime or can show that the state improperly handled the evidence, possibly compromising its usefulness.
Establishing an affirmative defense
For people facing certain types of charges, there may be special exculpatory circumstances. Someone accused of murder or assault, for example, could establish that they acted in self-defense. Affirmative defense strategies seek to change the narrative around the crime and prove that there was no criminal intent.
There are many ways for people facing pending criminal charges to avoid a conviction. Reviewing the charges and the state’s evidence with a skilled legal team can help a defendant choose the best defense strategy.