Just because you have been charged with a particular offense doesn’t mean that the state has to proceed on those charges. A skilled criminal defense attorney will assess three vital questions when building a case for your defense:
- Can the charges against you be dismissed?
- Can the charges against you be reduced?
- Can you avoid jail time?
Dismissal
Often as a criminal case progresses, new evidence will emerge that weakens the prosecutor’s case against you. The prosecutor may then feel that he or she will not be able to prove the case in court. When this happens, a skilled criminal defense attorney will seize the opportunity to convince the prosecutor to dismiss the case against you due to lack of evidence.
Plea Bargain
Even if the case is not dismissed, more serious charges can often be reduced to less serious charges by means of a plea bargain.
A plea bargain is a legally binding agreement made between the defendant and the state prosecutor in which the defendant agrees to plead guilty and forego a trial in exchange for a desired incentive, typically a reduction in the charges or the possible sentence he faces if convicted. A plea bargain may take place at any time after initial arraignment, from the preliminary hearing until the day of the actual trial.
You have no constitutional or statutory legal right to a plea bargain, and the judge may choose to reject a plea bargain at his or her discretion. Furthermore, there are certain instances when a plea bargain will not be allowed.
Typically, however, if a plea bargain is allowed, the prosecutor and your criminal defense attorney will do what they can to come to an agreement that is acceptable to all parties concerned, including the judge. Thus, most criminal cases are settled by some form of plea agreement.
Wobbler Crimes
If the charges cannot be reduced by entering into a plea bargain with the state attorney’s office, there is still the chance that your criminal defense attorney can persuade the prosecutor to reduce the charges against you if the offense is classified as a “wobbler” crime.
A wobbler crime is an offense that may either be charged as a felony or misdemeanor depending on the circumstances of the case. For instance, theft of property with a value of less than $500 will be classified as a misdemeanor in Oklahoma, while theft of property with a value of $500 or more may be classified a felony.
Prosecutors often overcharge defendants, which leaves the door open for a skilled criminal defense attorney to argue for the charges to be reduced to a less serious offense. In addition, if you have little or no past criminal record, or you have behaved well on probation in the past, your criminal defense attorney can submit a written motion to the court to reduce a wobbler felony to a misdemeanor, which will benefit you greatly when it’s time for you to be sentenced.
Deferred or Suspended Sentence
Jails are frequently overcrowded. Because of this, the state attorney’s office is motivated to agree to plea bargains that may result in you spending little or no time at all in jail. Such a result will require you to agree to plead guilty in exchange for a reduction in the charges against you or the sentence you will receive once convicted.
You may be able to avoid jail time by applying for a deferred sentence. Given your limited criminal history, the state prosecutor may to dismiss the charges against you if you plead guilty and agree to perform certain tasks or attend certain programs, such as a drug and alcohol program. If you successfully perform these tasks, the state will dismiss the charges against you and you will have avoided a conviction and jail time.
If you do not qualify for a deferred sentence, you might qualify for a suspended sentence: even though you have been sentenced to serve time behind bars, the judge suspends your sentence upon your continued good behavior. If you fully comply with the conditions set forth by the judge, you will not have to serve time in jail.
Confidential Case Review: Tulsa Criminal Defense Attorney
Contact Seventh Street Tulsa Law Firm’s Tulsa criminal defense attorney for representation in misdemeanor matters or serious felonies in any pending or future criminal matter.
For a initial, confidential consultation, simply call 918-932-2777 today. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an e-mail reply.
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