What Factors Do You Consider When Deciding How To Proceed With A Case?
We always try for a dismissal with every case. It is not common for prosecutors to simply dismiss cases, but it does happen when we find a critical problem with their case, and that is something we always go after. In regards to whether or not to take a plea offer and go to trial, ultimately that is the constitutional right of our clients. They are the ones that get to decide whether or not to go to trial or accept a plea. We provide the advice and the benefits of why you retained us in the first place.
The things we look at when contemplating trial to determine whether our client has a chance of a being successful depends on a number of things. Many of them are based upon the facts and legal arguments. Sometimes it is a question of law. For example, is there an issue for a motion to suppress? If there is an ideal issue, prosecutors will sometimes say if you move forward with that motion then your plea offer is going to go away and the trial is all that is left. Those are things that we talk about with our clients and say that we have a chance at winning this motion, but ultimately it is the client’s decision.
Why Is It Important To Try And Prevent The Filing Of Charges In the First Place?
It is important to prevent filing charges on every case, mostly, because we are in the day and age of Google. We have had clients that hired us after the charges were filed, and even some that had other co-defendants that never even got charges filed. The case was dismissed, but the problem is those clients come to us saying I think I am being passed over for promotions, or I did not get this job because when I Google my name, these charges show up. Even though it says dismissed, I do not know whether employers are actually looking at that, but your name is going to be out there.
It is public access, and it is going to be on the docket. You are able to see that this person was charged with a crime, even if it shows dismissed. Some people feel as though there is a stigma at even being charged with a crime. Therefore, if we are able to keep that information from getting out there, and if it never makes it to the court records, then that person is in a better position than someone who was charged, but then later got it dismissed.
Do People Actually Wait Till They Are Neck Deep In Trouble Before Hiring an Attorney?
Some people will wait until they are in trouble, but it is usually a split. We have turned down a few cases, which we advised them that they needed to hire us for investigation purposes so we could work with them in creating a plan to keep charges from becoming extensive. Sometimes they choose not to do that, and then we may not take the case later on, just because they may have made it difficult than what our original outlook anticipated.
When waiting to hire a lawyer, at some point, it may not be possible any longer. As such, we really think it is important to hire an attorney early as possible because police officers are trained to do what they do. As I mentioned earlier, I do not think I have ever had a client talk with police and get out of any charges. Generally, they wind up with some sort of admission, which hurts their case.
Additional Information About Pre-Filing Motions Or Filing Motions
It is important to have an attorney as soon as you have police contact. Once that police contact happens, you are on somebody’s radar, and we want to try to help you get off his or her bad list. It is always smart to have an attorney give you their outlook on these issues. We offer free case evaluations. Any time we do an investigation for a client, and they pay for their investigation, if the case is filed, we apply their funds straight to the next case because we want to continue to work with our clients and building strong relationships. This is what our firm is built on.
For more information on Proceeding With A Case In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 737-2437 today.