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tisdag 22 september 2009

How To Collaborate With Your Criminal Defense Lawyer

By Robert Langsome

If charges are brought against you, your criminal defense lawyer can work with the prosecutor in ways that can benefit you. But, it's important to note that the earlier you hire your attorney, the more effectively he (or she) can help. In fact, he can often resolve your case before it even goes to trial.

Below, I'll describe the ways in which your attorney can bring about a fast resolution to your case. I'll also provide a few tips for working with your lawyer to ensure a smooth defense.

Getting Your Case Dismissed

The merits of a case can often be questionable. Charges are brought against a person, but sometimes the evidence is scant or other problems exist that can jeopardize the rendering of a guilty verdict. Your defense lawyer will be able to identify these types of issues. If they exist, he can approach the prosecutor and suggest that your case be dismissed. Remember, prosecutors want to avoid spending time on a case that shows little promise.

If you hire your attorney before charges are officially brought against you, your chances of a dismissal greatly improve. However, once the charges have been filed, a prosecutor may be less willing to have the case dismissed.

Negotiate A Lesser Charge

If the evidence against you is weak, but enough exists to motivate the prosecutor to move forward, your lawyer may be able to secure a plea bargain. This happens often when the prosecutor is uncertain about obtaining a guilty verdict. So, he'll agree to negotiate a lesser charge for a guaranteed guilty plea.

An important side note: many prosecutors have a policy that precludes their accepting a plea bargain once charges are filed. If the charges are filed before your attorney can approach the prosecutor, your chance to plead to a lesser charge will evaporate. This is another reason to hire your attorney as soon as possible.

Working With Your Attorney

The effectiveness of your lawyer will depend largely on how well you collaborate with him. First, relate your side of the story clearly. That includes the chronology of relevant events and anybody who may have witnessed the crime for which you're being charged. Second, your attorney will have questions; answer them as clearly as possible. As long as you're thorough when providing details, brevity is best.

Also, be willing to allow your defense attorney to take the lead in managing your case. If you uncover a legal precedent from a past case, present it to him. But, let him decide whether the precedent is useful for your defense.

Being charged with a crime can be terrifying. The most important thing is that you hire your criminal defense lawyer as soon as possible. That way, he can start looking for opportunities to bring about a quick and favorable resolution.

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