The law presumes that everyone that is charged with a crime is innocent until they are proven guilty in a court of law.
The simple act of being arrested and charged is enough to make anyone feel like they are guilty, regardless of what the law says. Unfortunately, innocent people are charged with crimes more regularly than anyone would like, and it is up to the charged individual to hire an attorney to ensure that the matter is resolved in the most efficient manner possible.
What Options Does the Charged Individual Have?
An individual that has been incorrectly charged with a crime always has the option of going to trial and hoping that the prosecution’s lack of evidence or incorrect evidence is insufficient to convict him or her. However, simply waiting on a trial without attempting to have the charges dismissed or dropped beforehand is risky. It is always a possibility that a judge or jury could find the evidence sufficient to convict an innocent person – it has happened with unnerving frequency in the past.
Hire an Experienced Criminal Defense Attorney
This is the absolute first step that any individual charged with a crime should take. An experienced criminal defense attorney will immediately review the charges against you and the evidence in the hands of law enforcement. He or she will then be able to provide you with proper guidance regarding the best steps to take in order to address the charges, whether that is to attempt to have the charges dismissed prior to trial or to move forward with trial and challenge the charges there.
Your Attorney Can Speak with the Prosecutor and Seek a Dismissal
Sometimes, the easiest thing to try can be the best thing.
If the evidence against you is tenuous or based on facts that have since been proven incorrect or statements that have been recanted, your attorney can speak with the prosecutor handling your case to see if he or she would be willing to dismiss the charges. Prosecutors prefer to be successful in the charges that they bring, and if presented with the gaps in the evidence or the issues with the charges themselves, the prosecutor may choose to dismiss the charges rather than attempt to try a case that is likely to be unsuccessful. If successful, you will be able to move forward without the charges or threat of trial hanging over your head.
If Dismissal Initially Does Not Work, Time May Be On Your Side
In some situations, it simply takes time for the evidence to be fully developed, for witness stories to be corroborated, and for prosecutors to get a complete handle on the likely success of their case. Sometimes the evidence that a prosecutor believes he or she has was improperly obtained, or the chain of custody was not maintained, making it inadmissible. Sometimes eyewitnesses prove unreliable or their stories change, or other eyewitnesses come forward with more compelling evidence. Regardless of how it happens, there are times when a prosecutor believes he or she has a strong case at the beginning, but as things progress, holes begin to develop. Eventually, it may reach a point where the prosecutor elects to dismiss the case. Though it has not saved the accused any time or money, it still clears their name.
Take Control of Your Situation
There is no reason to allow things to progress without having legal representation. For those that are innocent, leaving matters in the hands of overworked prosecutors to make correct judgment calls is a recipe for disaster. An experienced criminal defense attorney will be your advocate and do everything in his or her power to see that you are freed from the charges against you. The Law Offices of Stephen R. Piper are ready to fight for you. Contact our office today for a consultation.
Contact an Experienced Evesham Township Criminal Defense Lawyer About Your Criminal Charges in New Jersey
Were you arrested or charged with a crime such as domestic violence, sexual assault, or shoplifting in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case.
The attorneys at The Law Office of Stephen R. Piper, LLC have successfully represented clients charged with crimes such as theft, weapons charges and DUI in Mount Laurel, Willingboro, Pemberton, Medford, Moorestown and throughout New Jersey.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.