When you or a loved one is charged with a crime, it may be overwhelming and frightening. Much of your anxiety may arise because you do not know what to expect during the legal process. You may have even more anxiety thinking about what the end result of this case could be and how it will impact your life.
In addition to answering any and all questions, KBW Criminal Law provides its clients with a step-by-step explanation of the legal process in terms everyone can understand. As for the end result of the case, there are only four possible outcomes:
1. Dismissal
A dismissal means that the government drops the charges and the case ends without a conviction or punishment. Dismissals are extremely rare, especially in federal court where prosecutors are very selective about which cases they charge.
Dismissals can happen for several reasons. First, your lawyer can ask the court to dismiss the case for lack of evidence, or because the government obtained key evidence in an illegal way. If your lawyer doesn’t know what types of motions to file and when to file them, you may miss your chance to have your case dismissed. KBW Criminal Law’s founding attorney, Kevin, has handled countless motions to dismiss for a wide array of reasons.
In some cases, a lawyer can attempt to persuade the prosecutor’s office to dismiss the charges. While this is very unusual, prosecutors offices do listen when there is overwhelming evidence that a person is innocent or if someone is willing to provide information that is helpful to an ongoing police investigation. As a former prosecutor, Kevin knows what prosecutors look for when they are deciding to dismiss a case.
It is important to note that sometimes the government can refile the same charges against you, even if your case has been dismissed. Without the right defense lawyer, you may be surprised when you learn you are not actually in the clear.
2. Diversion
Many prosecutor’s offices are creating diversionary programs that offer individuals accused of crimes an alternative to a having a conviction on their record. Diversionary programs focus on addressing the root cause of crimes. Because of this, diversionary programs have strict eligibility requirements. This also means that entrance into a diversionary program often requires the accused to spend a period of time on probation or in rehabilitation. If the accused individual successfully completes the probation or rehabilitation, prosecutor’s offices frequently agree to forego jail and prison requirements, dismiss the case, or keep the conviction sealed from public view. These benefits are so great, that prosecutor’s offices frequently admit only a small number of people into these programs.
Each county has its own set of diversionary programs, which means your lawyer must know which programs exist in which counties for you to take full advantage and possibly avoid a conviction. As a former prosecutor, KBW Criminal Law’s founding attorney, Kevin, spent much of his time determining if individuals were eligible for diversion. Because of this, he knows the exact requirements for getting into many of these programs. If you hire an attorney without knowledge of these programs, you could end up with a conviction on your record that you could have avoided.
3. Plea Agreement
A plea is when someone accused of a crime admits their guilt or accepts punishment without going to trial. Research suggests that somewhere between 90-97% of all criminal cases in the United States end in a plea. In exchange for the accused admitting guilt, most prosecutor’s offices will offer a lesser punishment, reduce a charge, or dismiss one or more charges.
With a 90-97% chance of your case ending in a plea, you need to hire a lawyer who is an expert in plea agreements. KBW Criminal Law’s founding attorney, Kevin, has personally negotiated hundreds of plea agreements across all types of cases. Equipped with strong negotiating skills, Kevin’s time as a prosecutor taught him what the government looks for in evaluating the strength of a case.
Your defense attorney’s relationships and negotiating skills could be the difference between an offer for probation or an offer that will result in you spending time in jail. With such a large chance of your case ending in a plea, you need to hire an attorney who has the inside knowledge to get you the best plea deal possible.
4. Trial
If a case does not end in a dismissal, diversion, or a plea, the case goes to trial. At trial, the prosecution has the burden of proving, beyond a reasonable doubt, that the accused is guilty of the crimes charged. The prosecution tries to prove their case by presenting evidence and asking witnesses questions. Your lawyer will also have the opportunity to present evidence and ask questions of both your witnesses and the government’s witnesses.
Some prosecutors and judges see trials as a waste of time or a glitch in the system. To discourage individuals from going to trial, they will punish people more harshly if they lose at trial than if they accept a plea agreement. This means the stakes at trial are incredibly high. Those stakes scare some defense lawyers who focus only on pre-trial work and there is nothing to stop a defense lawyer from withdrawing from your case once trial becomes certain.
When facing harsh punishments and potential jail or prison time, you need to hire a lawyer who is both unafraid of going to trial and is a strong trial advocate. KBW Criminal Law’s founder, Kevin, will not drop your case simply because it is proceeding to trial. He is not afraid of fighting in your defense at trial and has a strong track record of connecting with jurors. If your back is against the wall, you need a lawyer who will put up an aggressive defense at your trial.
While it helps to know what the possible outcomes may be, the best way to alleviate your anxieties surrounding your or your loved one’s criminal case is to hire a capable defense attorney regardless of the direction your case heads. Call KBW Criminal Law as soon as possible to learn even more about what you can expect and to hire an experienced attorney who will fight for you to receive the best possible outcome.