Ways Defense Attorneys Resolve Criminal Cases
Criminal defense attorneys often get a bad rap. Some in our society look down on us for defending those who are charged with a crime. But what they fail to understand is that everyone in our society has the constitutional right to due process, no matter what they are accused of. This means that regardless of what the circumstances appear to be, everyone is innocent until proven guilty, and the state has the burden of proving beyond a reasonable doubt that someone is guilty of a crime.
If you are ever accused of a crime, you will be thankful that there are criminal defense lawyers available who have an in-depth understanding the law, how the process works, and how to aggressively defend the charges against you. The state has abundant resources to prosecute a criminal charge and having strong legal counsel in your corner helps level the playing field and gives you the opportunity to have your day in court.
When someone is facing criminal charges, there are a number of different ways the case can be resolved, depending on the type of case and other specific circumstances. Criminal offenses which may involve jail time are divided into two general categories; misdemeanors and felonies. Misdemeanors are offenses in which the penalty is no more than a year in jail. Felonies are more serious offenses which carry a penalty of a year or more in prison.
A good attorney will thoroughly analyze the case, examine the charges against you, evidence, witnesses, and other factors to identify any and all mitigating circumstances. From there, they will formulate a defense strategy designed to obtain the most favorable result.
The defense may be based on legal and technical factors, as well as factual elements. One example of a technical defense would be evidence obtained from a violation of the Fourth Amendment’s illegal search and seizure clause. If law enforcement violated the Fourth Amendment and obtained evidence illegally, then your attorney could move to have the evidence suppressed, which could result in the prosecution having insufficient evidence to continue going forward with your case.
A factual defense is one that argues for your innocence based on the facts of the case. For example, if you are charged for a murder that happened in Louisville, and you were in California on the date and time when it occurred, it would be impossible for you to have committed this crime. If you can prove that you were in California (based on flight and hotel receipts, witness testimony, etc.), then you would have a strong alibi defense.
How Criminal Cases Can be Resolved
One thing that is important to understand is that most criminal cases to not go to trial. In Kentucky and most other states, there is a backlog of cases, and if every one of them were tried, it would take years for each case to get through the system. There are simply not enough resources to try every case (or even the majority of cases), and for this reason, it is in everyone’s best interests to avoid a trial.
Here are some ways a criminal case may be resolved without a trial:
- No Action: The best possible result for a defendant is that the prosecution examines the case at the beginning and decides that there is not enough evidence to seek an indictment or file formal charges.
- Dismissal: A second possibility that is also very favorable for a defendant is if the prosecution files charges initially, then decides to dismiss the charges due to insufficient evidence or similar factors. A good defense lawyer can often help secure this result by getting certain pieces of evidence thrown out and employing other effective defense strategies.
- Plea Bargain: When the case is not weak enough to be thrown out, but there are still a lot of holes in it, there is the possibility of negotiating a reduction to a less serious charge. This may require the defendant to change their plea from “not guilty” to “guilty” or “no contest” (to the reduced charge).
Although it is more common to resolve a criminal case without going to trial, there are still plenty cases that do get tried. In a trial, you will either be convicted or acquitted of the charges against you. Your attorney should be someone who has extensive trial experience and the proven ability to put together the most persuasive argument for the judge or jury, so you are in the best possible position to obtain an acquittal.
Facing Criminal Charges in Kentucky? Contact Attorney Ron Aslam for Legal Help
If you have been charged with a misdemeanor or felony in Kentucky, you are facing heavy fines, jail time, and other harsh consequences. Being charged with a crime does not necessarily mean you will be convicted, however, and there are a number of possible ways your case may be resolved. Attorney Ron Aslam is a former prosecutor who has practiced criminal defense in the Louisville area for many years. Ron has extensive knowledge of this area of the law, and he has successfully defended numerous clients who have faced criminal charges.
To schedule an initial consultation with Attorney Ron Aslam, call us today at 502-581-1676. You may also message us through our web contact form or stop by our Louisville office in person at your convenience.