4 Tips for Beating a Criminal Charge

Being arrested or charged with a criminal offense may lead to paying a hefty fine/ serving a jail term, or having a permanent criminal record. Criminal records have severe impacts on your future. With a criminal record, some jobs, including finance, government, and those that involve vulnerable persons.

If you’re in a professional practice that requires official licensing, such as medical and legal fields, your application for a license can be rejected-. If you’re already licensed, it might be revoked. Fighting your criminal charges can help prevent these life-changing consequences. This article outlines four tips for beating a criminal charge.



1.   Hire a criminal defense attorney

If you’re charged with a criminal, hiring a criminal defense lawyer the soon as possible is in your best interest. Experienced criminal defense attorneys will interview you to determine your case’s specifics to develop a solid defense. Your lawyer can conduct a robust investigation to gather the information/ evidence you need to create a solid defense.

Additionally, they’ll interview each witness and review the prosecutor’s case to spot any loopholes, weak points, and flaws. After examining the gathered proof, your attorney will develop the most appropriate technique to defend you. If your criminal charge ends up in trial, your lawyer can represent you.

2.   File a Motion to Dismiss

A Motion to Dismiss refers to a request to the court to dismiss a charge against you. When you file this motion, your argument should be that there’s an issue with the charge’s legal basis, and it shouldn’t go to trial. When deciding a Motion to Dismiss, a judge isn’t determining your innocence/ guilt. You can file a Motion to Dismiss for the following reasons:

  • Mistakes in filing the complaint: Authorities must adhere to a particular process when charging you, charge explanation included. If the procedure was not followed and can’t be fixed, then you can file a Motion to Dismiss
  • Statute of limitations: Almost all offenses have a timeline within which the prosecution should file a charge against you after committing the crime. If the prosecution charges you outside this timeline, you can file a Motion to Dismiss
  • Insufficient proof: In a criminal case, the prosecution should prove the charge against you beyond reasonable doubt. If the prosecution hasn’t proven an element of the charge or the evidence isn’t sufficient enough to support the charge, you can file a Motion to Dismiss for lack of adequate proof

3.   Be open with your attorney

For your attorney to prepare a solid defense, they must be aware of all the facts surrounding the case, so you must be completely open with them. You shouldn’t refrain from sharing everything about the charge with your lawyer for fear that they might share the information with others. This is because the attorney-client privilege ensures that whatever you talk about remains between you. Since your lawyer has your best interests at heart, they won’t judge you. Instead, they’ll be better placed to fight for your defense.

4.   Consider remaining silent

Talking to the police may result in you saying something incriminating, jeopardizing your case. Note that anything you say might be used against you. Also, remaining silent is your legal right, and the police should inform you about it at the time of arrest. Leave all the talking to your lawyer, and if you must say something, do so under their guidance.

Endnote

Criminal charges can have devastating effects. However, implementing these tips can help you beat a criminal charge.

Featured image by Pixabay

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