What To Do If You Have Been Charged With A Crime

IF I HAVE BEEN CHARGED WITH A CRIME, WHAT HAPPENS NEXT?

Prepare for your court date.

If charges have been filed against you, the first thing that will happen in your case is you will be given a court date. That date will be sooner if you are in custody, and a bit farther out if you are out of custody. You are entitled to an attorney for that court date, so it is best to start your search for an attorney in advance so that they can prepare for that date. A lot of people wait until last minute to start making calls because of the stress associated with doing so. The good news is that at Claire Highland Law we completely understand that, and are used to working on short timelines. We will be able to help you even if your court date is quickly approaching. However, our clients tend to feel more at ease once they have us on board, because part of our job is to handle the stress of that court date for you. Remember, while this may be new for you - it’s not for us. We have handles countless cases like this and we will walk you through your next steps and options and handle your court date for you.

What will happen at my first court date?

Your first court date is just one of many to come. The ultimate issues of your case - for example, what actually happened, or what the punishment should be, if any- will not be decided on that day. You do not need to present any evidence on that date. Your first court date is only to take up initial important issues. Firstly, at that court date we would request the police reports so that we can review the evidence with you and make a gameplan. Secondly, we will take up conditions of your release with the court. That concerns whether you will be out of custody, or in custody while your case is pending, and what conditions you must follow. For more information on release conditions, read about them here under “after I get out of jail, what next?”.

WHAT ARE THE POSSIBLE OUTOMES OF MY CASE?

There are no uniform answers to this question, and if you want to know what is possible in your specific case, schedule a free consultation with us here. In any case, we are going to start by working towards the best possible outcome available to you - even if it is a long shot, before we start talking about any worst case scenarios. The outcomes available to you will depend upon your criminal history, and the type of crime you have been charged with. The biggest thing that will drive the path of your case and the options available to you will be the evidence against you. We can walk you through all of these options and help you understand the evidence being used against you and what it means, and most importantly what we can do to fight it for you.

Possible outcomes of a criminal case are:

Dismissal of the charges
Entering into a diversion program where you can earn a dismissal of the charges in time
Taking a plea deal
Going to trial

CAN I GET MY CASE DISMISSED?

If your case has already been filed, a dismissal of the charges is the absolute best case scenario in any case. If your charges are dismissed, you will no longer have to go to court, and you will not have any convictions on your record. Whether or not you can get a dismissal of your charges will largely depend upon what the evidence is - and what arguments your attorney can make on your behalf.

Fighting to get a dismissal of all charges is always our first objective for our clients. We will walk you through the evidence, and listen to your side of the story and see any evidence you have. That way we can expose any holes or weaknesses in the evidence against you, and shed light on the other side of the story. Exposing weaknesses or inconsistencies in the evidence are one way to get your charges dismissed. You may also be able to get one based on technicalities in the law or mistakes being made in the handling of your case. For example, a mistake made by law enforcement could entitle you to a dismissal of your case. We can analyze your case for you to tell you if this may be possible for you.

WHAT IS A DIVERSION PROGRAM, AND AM I ELIGIBLE?

Diversion allows you to earn a dismissal of the charges in time.

A diversion program is an agreement between yourself and the court, or yourself and the district attorney’s office. You will agree to follow certain conditions - and in exchange for doing so, they will agree to dismiss your charges. The conditions may vary depending on what type of diversion you enter into, and the specifics of your case. The conditions can vary from the more laborious (for example doing some type of treatment, or doing community service work) to more simple - for example don’t commit a crime. Once the period of diversion has ended, and you have successfully met the conditions - you will earn your dismissal.

What types of diversion programs are available?

The options may vary depending upon the county you are in and also your background. Some diversion programs are available to anyone, some are specifically available for people who need help with their mental health, addiction, or people who have been in the military. We can help you assess whether a diversion program is available to you, and whether it is a good option in your case. Some types of charges are not eligible for diversion programs.

Is diversion a good option?

Diversion is an excellent option for many people. If you are capable of following the conditions set forth, then earning your dismissal is entirely in your hands and nobody else’s. A dismissal is the best case scenario. Diversion is also excellent for people who feel that they need help for an issue that they are struggling with - and addressing that while earning a dismissal of their charges can provide the extra motivation needed to do so.

WHAT IS A PLEA DEAL AND WHAT HAPPENS IF I TAKE ONE?

Should I take a plea deal?

Whether or not you should agree to a plea deal - and whether or not the plea offer that has been presented to you is a good one is a case-by-case question, and also a deeply personal decision. These questions can only be answered for you by an attorney who is familiar with your case and the evidence in it. We can make an assessment of the case with you and walk you through your options, so that you can decide what’s best for you.

What does taking a plea mean for my case?

You have rights that you give up when you take a plea, for example the right to a jury trial. You may decide with the help of your attorney that it is worth giving them up, because the deal is beneficial for you. The district attorney may offer you lower or no jail time, or a lesser charge in exchange for your agreement to enter a plea instead of going to trial. Whether or not you take a plea or go to trial is entirely your decision and nobody else’s, our job as your attorney is to help you make the best one.

WHAT IF I WANT TO GO TO TRIAL?

If you ultimately decide you want to go to trial - count us in. We have extensive trial experience. We will walk you through what a trial in your case would look like so that you can decide if it is your best option. Often, a trial is a last resort because it comes with both added costs and also potential risks involved. Therefore, we will bring you your best alternatives to consider before moving towards a trial. That way you can weigh all of your options and make an informed decision.

What are the potential outcomes of a trial?

You will either be acquitted (found not guilty) and your charges will be dismissed, or you will be convicted (found guilty) and will be sentenced accordingly. If you are facing multiple counts it is possible to be convicted of some and not others. You can read more about trials here.

HOW CAN I CLEAN UP MY RECORD IF I HAVE BEEN CHARGED WITH A CRIME?

The process will be different depending on how your case is resolved. If you were charged and the case was dismissed - you will need a sealing. If you were convicted you will need an expungement. If you need assistance cleaning up your record we can help - schedule a consultation here or give us a call.

If you have been charged with a crime, you need to get an attorney on board. We can help you get your best possible outcome.

Give us a call, or schedule a consultation here.