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8 FAQ DEALING WITH JUSTICE SYSTEM
1. I’M INNOCENT! CAN YOU GET MY CASE DISMISSED?
Probably not. A pretrial motion to dismiss – that is, a formal request to the court to dismiss the charges – must be based on one of a very few, narrowly defined, technical reasons for dismissal (e.g., the time allowed to file charges has expired or the court has no jurisdiction over the case). A claim of innocence is not a valid reason for a dismissal motion. If you did not do what you are accused of doing, then you must plead “not guilty” to the charges and request a trial. It will then be up to the trier of fact, either a judge or jury, to review all the evidence and determine whether you are guilty or not guilty.
2. IF THE ALLEGED VICTIM DOES NOT WANT TO PRESS CHARGES, WILL THE CHARGES BE DROPPED?
Not necessarily. Even if the alleged victim does not want to press charges, the prosecutor may choose to go ahead with the case anyway, if she can prove her case without the victim’s testimony. The prosecutor may consider the wishes of victims and/or witnesses, but ultimately the decision belongs to the prosecutor, as the representative of “the people.”
3. WILL I HAVE TO GO TO TRIAL?
Maybe not. Most criminal cases are resolved by means of a plea bargain – an out-of-court settlement negotiated with the prosecutor and approved by the judge – not by a jury trial. If you are not offered a plea agreement, or if you choose not to accept a plea offer, then your case will go to trial.
4. IF I AM OFFERED A PLEA DEAL, SHOULD TAKE IT?
The decision to plead guilty or go to trial is unique to each individual. Juries are unpredictable, and no one can calculate precisely your chances of acquittal. Factors to consider include:
- What are the witnesses going to say? Are they credible? Will they appeal to the jury?
- What physical evidence does the prosecution have?
Was it lawfully obtained? Can it be suppressed? - What is the prosecutor’s reputation? What is the judge’s reputation?
- What is the maximum sentence you are facing?
- What does your gut tell you? Consider your age; your appetite for risk; your physical, mental, and emotional ability to endure a trial; your prior experience with prison, if any; and your family situation.
5. DO I REALLY NEED A LAWYER IF I INTEND TO PLEAD GUILTY?
Although you can plead guilty without an lawyer, it is not advisable. Given all that is at stake, anyone charged with a crime should seek legal representation immediately, before making any case-related decisions.
6. WHAT DOES GUILTY “BEYOND A REASONABLE DOUBT” MEAN?
In our system of criminal justice, a person is presumed innocent, until proven guilty. This means if you are charged with a crime, you do not have to prove your innocence. Rather, the prosecution must prove every element of the charge against you “beyond a reasonable doubt.” This standard is not easily defined. It means something less than “beyond all doubt” (an impossible standard) and something more than “more likely than not” (the standard in civil cases). Practically speaking, “beyond a reasonable doubt” means, after considering all the evidence, the jurors are steadfastly convinced the charges are true and the defendant is guilty of the crime charged.
7. WHAT IS THE JURY’S ROLE IN A CRIMINAL TRIAL?
Jurors in a criminal trial are not obligated to piece the evidence together until they arrive at “the truth.” It is not their job to “solve” the case. Rather, the jurors’ only job is to determine whether the government, as represented by its prosecuting lawyer, has met its burden of proving guilt beyond a reasonable doubt.
8. WHAT IS YOUR BEST ADVICE TO A PERSON FACING CRIMINAL CHARGES?
BE QUIET! Perhaps the most common mistake made by criminal defendants is talking about their case. The key to avoiding this mistake is simple in theory, but in reality is easier said than done: Do not discuss your case with anyone other than your criminal defense lawyer. The more you talk about your case (including posting on social media), the more you put the outcome at risk. Remain silent, and advise your loved ones to do the same.
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