Cases that May Not Lead to Criminal Charges
After you are arrested, it is the work of the prosecutor to decide whether or not he should file charges against you. There are many factors that go into this decision. The important thing to do is hire the right federal criminal lawyer San Diego as soon as you are arrested. He will advise you accordingly and he can also bring evidence that may lead to the dismissal of the case. In this post, we shall look at some of the offenses that do not necessary result in criminal charges.
Trivial or low priority
When looking at a case, the prosecution will determine whether the case is insignificant or not. There are some minor cases that the prosecutor may not pursue. A good federal criminal lawyer San Diego will help you know what to expect.
Nonviolent or minor cases
More often than not, when dealing with the minor and nonviolent cases, you may just be referred to mediation. Some minor cases will be diverted out of the court long before the prosecutor has had time to file charges. The parties involved are required to discuss their issues on their own or in the presence of a mediator or facilitator. You can ask your federal criminal lawyer San Diego whether mediation is an option in your case.
When it comes to civil compromise, you will be better placed asking your federal criminal lawyer San Diego to help settle the case out of court. The defendant comes into an agreement to reimburse the individuals involved for their damages. In this case, the victims can ask the prosecutor not to file any charges.
The arresting officer didn’t observe the rights of the suspect
If you don’t remember the police officer reading you your rights during the arrest, you need to talk to a good federal criminal lawyer San Diego. Obvious police errors may change the prosecutor’s ability to file criminal charges. The same amy apply where the police used trickery or excessive force.
Victim asks the prosecution not to file charges
This is a common occurrence and if it happens, regardless of how severe the criminal charges are, the defendant may walk. Though the charging decision is for the prosecutor, if the victim asks him to dismiss the case and states clearly that he or she will not cooperate, the prosecutor may have no option but to let the case go.
The suspect is viewed as a good person
From time to time, the prosecutor will decide a good person made an ill-advised mistake. When this happens, you may face lesser charges or the case may be dismissed. A federal criminal lawyer San Diego can have a part to play in making you look as the good person you really are.
There are many more factors that may cause the prosecutor to drop charges. All in all, regardless of how good your odds look, you need to work hand in hand with a dependable federal criminal lawyer San Diego every step of the way.