Why Win Conditions Vary Among Criminal Cases

When people sit down with criminal lawyers to discuss their cases, they often want to know what it will take to win. In criminal law, though, winning means something different in every case. Although the popular image of a jury vindicating a person can be exciting, it's not the most common winning outcome. Here are a few things that many criminal lawyers may encourage their clients to count as wins.

Not Being Charged

The ideal scenario for most defendants is avoiding charges altogether. You will want to have a lawyer involved from the first moment you realize law enforcement officers are interested in you. An attorney can help you understand what your rights are, figure out how to respond to inquiries, and try to challenge the conduct of any detectives, police officers, or prosecutors.

Notably, even with a great lawyer, you may not be able to avoid charges. Prosecutors move ahead with cases for their own reasons, and there's only so much an attorney can do to try to stop them.

Initial Procedural Victories

Criminal lawyers will want to halt cases as soon as possible. If someone is charged, their attorney will usually attempt to question the basis of the case. Why did the police investigate? How did they decide what to look for? Did they violate the defendant's rights?

During the arraignment or subsequent initial hearings, the court will want to hear answers. The judge may order investigators to testify about how the case developed. If there are problems, your attorney may motion for the judge to dismiss the case.

Discovery

Even if the case isn't tossed, small victories can accumulate. Under criminal law, you'll have the right to demand discovery. This is a process where the prosecution has to show the evidence and tell you who the witnesses are. Criminal lawyers can then investigate these details for issues.

Plea Deals, Reduced Charges, or Diversion

In some cases, winning is achieved by avoiding the worst possible outcome. If the prosecution accepts a deal that turns a felony into a misdemeanor with a suspended sentence and time in a diversion program, that could be a huge win for the defendant. The same goes for pleading guilty to reduced charges. The difference between a felony assault charge and a misdemeanor misconduct conviction could be years' worth of jail time.

Jury Judgment

Few cases go to trial, but there may still be hope if it comes to that. A not-guilty judgment is the best outcome, but even failing to deliver a judgment is a win. For more information, contact a criminal lawyer.