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Prompt Intervention with the Prosecutor

Simply because you have been arrested does not mean that the prosecutor has to file a formal charge against you.  At times, early intervention by your attorney in providing the prosecutor with your side of the story, or the names of your witnesses, can be effective. The State Attorney’s Office generally conducts an investigation independent of the police and “pre-filing” contact with the prosecutor could make a difference in his decision whether to file a formal charge, file a lesser charge, or decline to prosecute you at all.

Diversion Programs

Diversion programs are alternatives to the traditional method of prosecution.  For a pre-determined period of time you are required to stay out of trouble and commit no further crimes. Upon satisfactory completion of all the conditions of the program, the criminal charges are dismissed by the court.  Diversion programs are available for most misdemeanors and some minor felonies.

Plea Bargains  

If you choose to simply plead guilty to dispose of the case an agreed upon disposition can be negotiated between the prosecutor, your attorney, and the judge.  This agreed upon final outcome could often be structured to avoid a formal conviction, extend time to meet court-imposed obligations, and not jeopardize your employment.  Quite often a client does not want the charge “hanging over his/her head” and a prompt resolution through plea negotiations can allow them to get on with their life.

Withholding of Adjudication

A withholding of adjudication allows a person to resolve the case without suffering a formal conviction of guilt. After receiving a withholding of adjudication a person can truthfully state they have never been convicted of the offense. It is possible, depending on the facts and circumstances, to receive a withholding of adjudication on subsequent unrelated charges.

Pleas in Absentia

A plea in absentia allows the case to be satisfactorily settled without the need for a trial or even your personal appearance in court.  It is also possible to receive a withholding of adjudication on pleas in absentia.

Sealing of Criminal Records

The sealing or expungement of your criminal records makes the information about your case nonexistent to inquiring members of the public or potential employers. It allows you to state, with limited exception, that you were never arrested or charged with a criminal offense.

To fully understand your options, a thorough evaluation of the state’s case by an experienced attorney is critical.

 

The hiring of a lawyer is an important decision that should not be based   solely upon advertisements. Before you decide, ask us to send you free  written information about our qualifications and experience.

© 2001 William Tyson