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.