Getting arrested for a criminal offense is a stressful experience. People may spend hours or even several days in jail. They have to attend court to learn about the charges the state intends to bring against them.
They must then decide how to respond to those pending charges. Every criminal case involves unique details that require consideration while choosing how to respond. Defendants have multiple options available to them, but most people choose one of the three approaches briefly outlined below.
1. Mounting a rigorous defense
Some people choose to take their charges to trial. They intend to exonerate themselves with the help of a criminal defense attorney. They try to prove that they were not present when the crime occurred or that extenuating circumstances limit their criminal culpability.
Other times, they bring in expert witnesses to counter the state’s evidence or investigate to undermine the credibility of jailhouse informants. A defense strategy that raises a reasonable doubt about criminal activity can help people avoid a conviction and the penalties that the courts might impose.
2. Negotiating a plea deal
A large percentage of criminal charges end with a plea deal. The defendant enters a guilty plea, often after their attorney secures a written agreement from the prosecutor. Plea deals may involve entering a guilty plea to a lesser offense or to only one out of multiple charges brought against the defendant.
Plea deals could also involve asking the prosecutor to take certain penalties off of the table. In some cases, the prosecution may even limit what information it submits to the courts to prevent certain details from becoming part of the public record and causing permanent challenges for the defendant.
3. Pursuing pretrial diversion
There are multiple ways to cooperate with the courts while avoiding a guilty plea. The state offers multiple specialty courts that focus on rehabilitation and treatment rather than punishment.
For example, there are drug courts that help people achieve sobriety through intensive oversight when their criminal charges relate to a substance abuse disorder. Pretrial diversion programs can help defendants avoid criminal penalties in many cases and might even allow a defendant to avoid a criminal conviction on their record in some cases.
Reviewing pending charges and their possible consequences with a skilled legal team can help defendants select the best response to criminal allegations. Those facing serious criminal charges often need support as they prepare to respond, and that’s okay.