When the state pursues criminal charges against an individual, what happens next depends on the plea they enter. Many people accused of breaking the law plead guilty, which bypasses the criminal trial process. Even people who insist they are not guilty may enter a guilty plea because they fear going to trial. They hope to receive more lenient treatment because they cooperate.
Others may want to fight the charges they face, which means taking the case to trial in many cases. At trial, a defense attorney can bring in expert witnesses, raise questions about the state’s evidence or even develop an affirmative defense by claiming the individual acted in self-defense. Different strategies are necessary depending on the circumstances of the case. Criminal defendants hoping to fight their charges do not always have to go to trial to prevail in criminal court. It is sometimes possible to convince the state to dismiss the charges the defendant faces.
When the courts exclude key evidence
The right of discovery ensures that a criminal defense team has access to the evidence the prosecution intends to use. They can then take steps to counter individual pieces of evidence. In some cases, it may be possible to exclude crucial evidence from a criminal trial by proving that the police violated someone’s right or broke the law in the process of obtaining that evidence. Depending of the situation, the elimination of certain evidence can sometimes make it impossible for the state to move forward with criminal charges.
When new evidence arises
Sometimes, the state mistakenly identifies one person as responsible for a crime. However, authoritative evidence could come to light before the case goes to trial. In scenarios where the state uncovers exculpatory evidence that shows a defendant was not involved in criminal activity or in scenarios where there’s clear evidence pointing to a different party as the person responsible for the incident, the state may drop the charges against the defendant.
There are numerous strategies that people can utilize to successfully counter pending criminal charges. Learning about the law and the criminal process can help people strategize when responding to criminal charges.