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Why Not All Arrests Lead to Convictions

Were you recently arrested in Orange County or anywhere else in California? If so, you may be very nervous right now. What will happen? Will you be locked away for years? Will you have to pay thousands in fines? Will you lose your job? What will your friends and family think about you?

You do have a lot to worry about, but the good news is that not all arrests lead to convictions and with the help of a skilled criminal defense attorney, your legal rights and your future can be protected. For the purposes of this article, we’re going to discuss pretrial communications, dismissals, and letting things play out.

1. Pre-Trial Communications

One reason why it’s wise to hire an experienced criminal defense attorney is because of the work he or she can do before trial – this refers to pretrial communications. Depending on the facts of the case, sometimes we can get involved before formal charges are even filed against a client.

This typically involves being proactive and contacting the detective or investigator on the case before the case lands on the prosecutor’s desk. Or, if it’s too late for that, we get in touch with the prosecutor before the charge is filed. Especially in a case that is less serious, it’s possible to explain away what happened before the case makes it to a courtroom. But, this mostly works in cases with insufficient evidence or wrongfully accused clients.

2. Seeking a Dismissal

If a defendant is innocent and the police and prosecutor are convinced otherwise, the defendant may have to wait until the prosecutor files charges. However, just because charges are filed, it doesn’t mean the defendant will have to endure a stressful trial.

When the defendant meets with their criminal attorney for the first time, the defendant will explain their side of the story and if relevant, their relationship with the alleged victim. After this initial client meeting, the defense lawyer will weigh their client’s defense strategies and legal options.

Often, the defense will investigate the incident and gather evidence, such as witness declarations. Once the defense attorney has enough evidence, he or she may try to persuade the state to dismiss the charges against their client. However, defense counsel has to be cautious. They must avoid giving the prosecutor too much details before a possible trial. They don’t want to show all their cards.

3. Letting Things Play Out

Sometimes, the best defense strategy is to sit back and do nothing – to let things play out. It can take months for the prosecutor to realize that he or she does not have enough evidence to convict a defendant, whether the evidence was seized illegally, or the alleged victim was lying, or the eyewitness turned out not to be credible.

A case can go away because the defense attorney’s pre-file motion is successful, such as one to dismiss illegally obtained evidence. It can also go away because the defense wins the pre-trial hearing and the prosecutor chooses not to file again. In conclusion, not all arrests or charges end in a conviction, but it all depends on the skill of the defense attorney and the strength of the prosecutor's case.

Need an Orange County criminal defense lawyer to defend you? Contact the Law Offices of Virginia L. Landry, Inc. for a free consultation.

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