How Can a Criminal Defense Attorney Help Me Avoid Jail Time?
A criminal charge is a big deal and has the potential to change your life forever. Getting a criminal defense attorney in Plano can make a big difference, and there’s a lot your attorney can do to potentially help you avoid jail time.
How Can a Criminal Defense Attorney in Plano Help Me Avoid Jail Time?
By Evaluating the Strength of the Prosecution’s Case
In any criminal case, the burden of proof lies with the prosecution. They have to prove beyond a reasonable doubt that you did what they are charging you with, and that means that you and your lawyer don’t have to actually prove you are innocent. You only have to cast enough doubt on the prosecution’s story.
One of the first things that a defense attorney can do for you, then, is look carefully at the prosecution’s evidence. Will this case hold up under scrutiny? They’re going to look for unreliable witnesses, flawed procedures, or whether the total amount of evidence looks like it is sufficient to prove the charges against you. What they find is going to shape the strategy of your defense.
Say you are accused of burglary. The attorney you hire will look at whether the evidence that links you to the scene is circumstantial or definitive and whether the police followed all proper protocols during their investigation. If, for example, your lawyer finds there was a lack of probable cause for a search, they can then file a motion to exclude all the evidence discovered in that search. With even one or two pieces of evidence suppressed, the prosecution’s entire case might collapse. If that happens, at best the charges might be dropped entirely, but even if they’re not, they may be lowered to charges or plea bargains that involve no jail time.
Working All Legal Technicalities
The law is very complicated and technical, and an attorney with plenty of experience knows how to use those technicalities to the advantage of a client. If the other side has made any kind of procedural error or has violated your rights in some way, this can completely derail their case. On your own, you are likely going to be unaware of these technicalities, but your lawyer will make sure none of them are overlooked.
For example, if you were interrogated before your Miranda rights were read to you, anything you said your attorney may be able to exclude from court. If these statements were central to the prosecution’s case, this may be a death blow to their case and push them to a plea deal. This kind of attention to detail might seem pedantic, but it can actually make the difference between jail and freedom for you.
Exploring Alternatives
Say the evidence against you is quite strong, and there’s very little that your attorney can do to actually derail the case itself. In that case, the strategy your attorney uses might be to work with the other side on some alternatives to jail. There are other possibilities, depending on the charge and your criminal history (if any), as well as all the details of the case itself. Probation, community service, rehabilitation programs: courts will often accept plea deals that offer these alternatives to incarceration, and especially for a first-time offender or for a nonviolent crime.
The key here is that your case be presented competently and convincingly. That’s what you need an attorney for. You’ll need to show the court that you are a good candidate for rehabilitation and are unlikely to offend again. This can be tough to prove, and the odds are stacked against you if you don’t have a competent lawyer working on your behalf.
Reducing Charges Through Negotiation
Negotiations are often critical in these cases, and any good attorney needs to be skilled at negotiating with prosecutors. In many cases, prosecutors prefer to resolve the case through making a plea agreement rather than take it all the way through to trial. Trials are expensive and time-consuming, and the outcome is never guaranteed, even if the evidence is strong.
Your lawyer knows how to capitalize on this and will use what they discover about the evidence to show why it’s in the best interest of the prosecution to come to the bargaining table and offer you a plead bargain with reduced charges rather than take the risk of going to court. For example, in some cases, it might be possible to get a charge of assault reduced to disorderly conduct; and instead of looking at months behind bars, you might be looking at a fine and probation. The goal here is to convince the prosecution that it is easier and faster to have you plead guilty to a lesser charge with lowered penalties then to go to trial to try to convict you of a greater charge.
Once You’re In Court
If none of the above are possible, and your case does go to court, at that point the attorney’s job shifts a bit to fighting for you within the courtroom. Some of what your attorney can do for you will include:
Challenging Witnesses
If the other side brings witnesses against you, your attorney will dissect their testimony for inconsistencies, bias, or a lack of reliability. This could undermine the entire case against you.
For example, your lawyer may be able to show through cross-examination that what a witness is saying in court does not match prior statements they made or that their description of a suspect doesn’t really match your appearance. If a key witness is undermined, this can cause the entire case against you to collapse, and the prosecution may suddenly be more interested in making a plea deal (or you may be acquitted entirely).
Bringing In Expert Witnesses
A good attorney has a network of professionals they can call upon as expert witnesses. These might be medical experts, forensic analysts, psychologists, or others, and what they do is provide testimony that counters the narrative of the prosecution is throwing up, where appropriate.
For example, say you’re charged with arson, and the prosecution is claiming you set a fire intentionally. Your attorney may explore whether an independent fire investigator has a different finding than the prosecution’s investigation. An independent fire investigator may be able to show it’s as or more likely that the blaze started accidentally due to faulty wiring, which could completely destroy the case against you. This is just an example: it will all depend on the circumstances of your case and the evidence against you.
Crafting a Compelling Narrative
No matter what the evidence is, one of the keys to defending you is telling a good story that explains your side of things in a way that judges and juries will find compelling. This is especially important in the trial itself; but even if the trial goes against you, it can be very helpful during sentencing. How you are perceived will influence the sentence. Even if there are minimum required penalties, a judge or jury can often exceed the minimum if they believe the circumstances warrant it, and your lawyer will work to protect you from this.
Whatever you’ve been charged with, your best defense is working with a qualified and experience criminal defense lawyer. Contact us at Pelley Law now in Plano, TX or at our offices in Dallas or Sherman for a free consultation on your case.
Contact Our Texas Criminal Defense Law Firm For Help Today
If you’re facing criminal charges in Texas, we’re here to help. Contact the experienced criminal defense lawyers at Pelley Law Office, L.L.P., today to schedule a free consultation.
We proudly serve Plano, Dallas, Sherman, and the surrounding areas.
Pelley Law Office L.L.P. – Plano Office
Address: 1312 14th St, Plano, TX 75074
Phone: (972) 608-0335
Hours: 24/7
Our firm is located near you. Find us with our GeoCoordinates: 33.0180322,-96.6952916,863
Pelley Law Office L.L.P. – Sherman Office
Address: 905 N Travis St, Sherman, TX 75090
Phone: (903) 813-4778
Hours: 24/7
Our firm is located near you. Find us with our GeoCoordinates: 33.6445846,-96.6113141,857
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