A false criminal accusation can be nerve-wracking for anyone. But it can get even more painful if you are a parent. Imagine how your kids will feel when they learn about their mom or dad getting accused of a criminal act. The social stigma of the situation is immense, and it can affect your children as much as it affects you. Most people believe that pleading guilty and accepting the criminal penalties is the only option they have.
However, it is vital to prove your innocence to safeguard yourself and your kids from the traumatic situation. You require a robust criminal defense to get a false case dismissed. The good thing is that there are ways to defend yourself and get your charges dismissed, provided you take the right approach. Here are some tips to determine the best defense strategy to come out clean.
Understand your options
You must understand the options. Also, know the impact they have on the future of your family. A guilty verdict means you may not get the job you want, live where you wish to, and own a firearm. Your family has to bear the brunt of the situation. Getting a not guilty verdict should be a priority if you are innocent. It indicates that your case was heard, and the judge or jury found you clean. You also have the option to agree to a plea deal. It entails admitting you are guilty and accepting the punishment for the crime without presenting a defense. It is the last thing innocent people should do because it establishes your guilt.
Get a dismissal by proving the violation of your civil rights
You can seek dismissal of the criminal charges before or during a trial. Your prosecutor may drop the charges before the trial. Likewise, a judge could dismiss them during pretrial motions or hearings. You can get a dismissal by proving that the prosecutors or law enforcement agencies violated your civil rights. These rights include-
- Right to see the evidence against you
- Right to consult an attorney during interrogations
- Right to freedom from unreasonable searches and seizures
- Right to cross-examine witnesses testifying against you
- Right not to incriminate yourself
A judge may rule the evidence as inadmissible when they see a violation of your civil rights if your criminal attorney can establish it. Expect the dismissal of the charges if the prosecution fails to make a case once the evidence is inadmissible.
Consider a pretrial diversion program
Your lawyer may recommend entering a pretrial diversion program to get the option of dismissal. You have alternatives like performing community service, joining a drug or alcohol education program, or completing other terms. The state can dismiss your criminal charges on completing the diversion program. It means you will have a clean record at the end of the program. Conversely, you will have to serve a sentence if you fail to complete the program or abide by its terms and conditions. Consider it a small price for cleaning your record and making life easier for your kids.
Provide information on another case
Another option that gives you chances of dismissal is providing information on another case. You make a deal of information in exchange for reduced charges, easier sentences, or dismissal of charges. The deal depends on the value of the information you share. The more valuable the information, the better the chances of obtaining a dismissal from the charges.
Show mistakes with the chain of custody
Proving guilt in a criminal case depends on evidence to validate facts and statements of both parties. The smallest mistakes can corrupt the evidence and lead to a wrong judgment. Your attorney can show errors in the chain of custody to get a dismissal for the criminal charges. An error makes the evidence inadmissible, so the prosecutor has no choice except to dismiss the charges.
Be careful about your actions
Your actions as a defendant go a long way in determining the fate of your case. You must be careful while talking to the police. The best piece of advice is to use your right to get a criminal defense attorney before talking to the police officers. You are not obligated to answer their questions or respond to their comments. They may use your statements as evidence in court, and it can hinder the chances of dismissal of charges. Also, remember not to discuss your case with others and avoid using social media.
As a parent, you must do everything possible to get a dismissal for your criminal charges. Your innocence should give you strength, so make sure you use it to your advantage.
