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Landing in legal trouble is scary and confusing, so if you end up being charged with a crime, you must be prepared for criminal charges and all of the legal proceedings that come with them. Knowing your legal options will help the process go more smoothly and will help you see a better outcome. Read below for a list of legal options available to you if you are facing criminal charges.
Right to An Attorney
Everyone has a right to an attorney if they are arrested and charged with a crime. If you cannot afford your own attorney, a public defender will be appointed to you to help you with your case. Depending on the degree of the charges, you will need to select a lawyer who specializes in the crime you are being charged with. This will greatly increase your chances of a lesser sentence or even getting off the crime
Understanding the Charges
Criminal charges can be categorized by their degree of severity. They are classified as infractions like traffic violations or minor municipal code violations, misdemeanors, which are middle-level severity, or felonies, which are more serious. Misdemeanors include crimes like petty theft, public intoxication, and minor drug possession. Misdemeanors can also be categorized into class A, B, or C depending on the offense.
Felonies are the charges with the highest severity and include crimes like murder, rape, and assault. There are also categories of first and second-degree felonies that can be explained to you by a lawyer. The experienced lawyers at Josh Smith Legal work with felony cases all the time and can help walk you through your options if you are charged with anything from an infraction to a felony. Once you understand your charges better, it is time to start the legal process to see what the consequences will be.
Plea Bargaining
You and your lawyer will meet up many times to discuss your options, and if you think a plea is your best option, you will enter plea negotiations with the prosecutor. In these negotiations, your lawyer will work with the prosecutor to reach an agreement, where you may plead guilty to a lesser charge or receive a reduced sentence. Once an agreement is reached, the judge will review and approve it. With a plea bargain, you can avoid a full trial, as everything is resolved in a negotiation setting.
Preparing for Trial
If a plea bargain does not work for your case, then you and your lawyer will go to trial. Trials can take anything from weeks to months depending on the complexity of the case and the people involved. Before the trial, your lawyer will prep you and make pretrial motions like asking for some evidence to be excluded. They will do everything they can to ensure that you get the least amount of time possible.
Alternatives to Incarceration
Jail time is not the only sentence you can receive for your criminal charges, so it is important to discuss your different options with your lawyer. If you are being charged with a minor offense, you may get off with just doing some community service or being on parole.
No matter what criminal charges you are facing, having a lawyer by your side throughout the process will take a big load off of your shoulders and make you more knowledgeable about your own case.
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