Anyone who is facing criminal charges has a real challenge before them because even those who are found guilty of charges in a borderline case can suffer severe consequences. Freedom is not the only issue for criminal defendants. Their future life can be negatively impacted for many years to come if not indefinitely depending on the charge. And many serious charges can be filed even when the evidence is weak if the charge falls into an emotional category such as child abuse. Laws in every state have enhanced legislation regarding certain charges, and in many states sexual convicted defendants cannot have any records expunged after the conviction is recorded. While this is just an example of how criminal charges and convictions can alter a defendant's life, it is also proof of the fact that the only effective defense must be presented in the case prosecution. This also means it is essential to have comprehensive and aggressive criminal defense representation when being charged regardless of the level of proposed criminal activity.
Why You Need a Private Criminal Defense Attorney
All criminal defendants are required by law to have effective legal counsel when facing any charge that could carry a jail term as punishment. And many defendants are determined eligible for a public defender. However, this rarely bodes well for the defendant because public defenders often have huge caseloads and little time to devote to any particular case. They also generally do not question the evidence presented by the state, which many times is weak at best and often obtained in violation of the defendant's rights. A private criminal defense attorney will take the time necessary to conduct an investigation into the material evidence being presented and petition the court for suppression when the articles cannot meet the rules of material evidence application.
What A Private Criminal Defense Attorney Can Do
Avoiding a conviction for a criminal charge can often be accomplished with solid legal representation from an experienced criminal defense attorney. As an officer of the court, your attorney can conduct an independent investigation and question all officers who have worked on the case. In addition, all evidence can be evaluated for admissibility and possibly petition the court to strike inclusion. Even when the state has a solid case, evidence that cannot be used can result in a case dismissal or a significant reduction in charges and potential penalties. And when an agreement cannot be reached, the case can go to trial.
Going to Trial
The strongest criminal defense protection for any defendant is taking a case to trial. This rarely happens without a private criminal defense lawyer because public defenders and prosecutors alike want to avoid a trial at all costs. Having an experienced attorney with an established reputation of positive results for their clients means that a trial could occur, which provides an incentive for the prosecution to act honestly during case proceedings and offer a reasonable settlement deal. And when you are not guilty beyond a reasonable doubt, your case can be acquitted following a jury trial.
Never accept the perception that your criminal case cannot be fought and won regardless of material case evidence. Studies have repeatedly shown that those with solid criminal defense representation experience a much better outcome to their case than with appointed legal counsel. New York residents who are facing any type of criminal charge should always contact the Law Offices of Robert Tsigler for comprehensive and aggressive legal representation.