About the Criminal Justice and Court System
An Experienced Criminal Defense Attorney Knows How the Court Works...They've Done it Before
The Prosecutor May Decide Not to Charge You...if you're lucky
Even if You are Arrested the Prosecutor may decide not to prosecute or may be willing to work out a deal where they reduce the criminal charges. Here are some reasons why.
The Prosecutor does not have good evidence. The Prosecutor has to prove beyond a reasonable doubt that you did what they say you did. And sometimes, it’s not just the evidence, it could be the story that your attorney will tell. For instance, you stole some bread from the market after you were fired from your job when your company was purchased by a foreign company, failed to pay you last couple of paychecks, and your children need to eat. If true, what jury would ever convict you?
Lack of Resources. Prosecutors have to deal with a lot of cases, usually more than they have time to prosecute. Because of this, they give more of their time to more high serious cases. So if you've been charged with a relatively minor crime, and the if prosecutors have too much to do, they might dismiss or offer you a deal you can’t refuse to get this case of their plate.
First Time Offender. Related to lack of resources above, prosecutors may give you a pass if you're accused of a minor crime and you have no criminal history. Usually the Prosecutor’s are in no hurry to wreak your life, So if they think you won’t do it again and it was a momentary brain eruption, you might get a pass.
Victims and/or Witness Do Not Come Forward. Sometimes, the victim of the crime later changes his or her mind regarding whether to go after a suspect or if they truly want to get involved and appear in Court. While the prosecutor ultimately make this decision, to charge or not, if they do not have willing and reliable witnesses, they may not be able to build a case and dismiss the case
On the other hand, certain crimes like Domestic Violence, don’t need the testimony of the victim, and the Prosecutor can rely on statements made by the alleged victim when the incident happened.
Regardless of the reasons the Prosecutor may drop the charges, you need an Attorney who can speak for you, who can tell you story, and advise you of the best way forward to protect your reputation, record, and rights.
Where the Court is Located Makes a Difference
The District or County where you are charged Matters
Each of the three counties in the metro Detroit area has a Circuit Court which deals with felonies and more serious crimes. And each city and township within those counties has an assigned District Court which deals with misdemeanors and civil infractions, like traffic tickets.
Each of these courts is a little different
For instance, if you are at the 48 District Court for Birmingham and all the Cities and Townships with Bloomfield in their name, and you get convicted of any alcohol driving charge either by plea or by jury, you have a good chance of going to jail. So you better have good advice and an experienced 48th District Court Defense Lawyer when you decide how you want to proceed. Knowing the Judges and what they have done in the past is part of what an experienced defense attorney does. You will need this experience when considering your own case. You need someone who is familiar with your Court.
An experienced lawyer will know what to expect,
An experienced criminal defense lawyer knows what the Judge likes and doesn’t and how the Judge has ruled in similar cases. Your attorney should also be familiar with how easy or difficult it will be to negotiate with the Prosecutor and what the prosecutor can sell to his boss because, most likely, that particular Prosecutor doesn’t have the authority to do certain things without asking.
Bottom line
If you know the facts going in, you can make better decisions about what you want to do. Good time for an experience and aggressive criminal defense attorney. Give Schmierlaw a call.
No One Really Wants to Go to Trial
Trials are expensive. They cost a lot of time and a lot of money. Plus, for the Defendant, the decision about what is going to happen will sit in the hands of a jury, and you really never know what they are going to do until they do it.And then it is too late. They've done it; they reached a verdict and decided your future.
Over 95% of all criminal cases end in a plea agreement. The reason for this is because if proving your innocence was easy, you wouldn't be going to trial in the first place. If there was proof that you could not have committed the crime you are being accused of, then, you would have already shown it to the police, or whoever, proven you were innocentand that would have been the end of it.
The reason you are going to trial is that neither you or the Prosecutor have enough proof to make this a slam dunk, so you either negotiate a deal and plead to something or go to trial on the original charge and hope the jury sees it your way. Meanwhile, the Prosecutor is hoping for the same thing.
Because of this uncertainty, both sides in the matter, the accused and the Prosecutor may want to settle the case with a pre-determined outcome. This avoids the expense, the uncertainty, and the time if the case goes to trial.
For the Best Criminal Defense Possible
Contact Schmierlaw for an Initial No-Cost Consultation
Contact Us for an Initial No-cost Consultation
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: jschmier@schmierlaw.com