Many people panic after getting arrested. It is quite common for those facing criminal charges to give up before they ever have their day in court. They choose to enter a guilty plea and leave themselves completely at the mercy of the courts regarding sentencing.
Doing so may seem like the best way of ensuring lenience. However, there’s never any promise of the courts taking a guilty plea into consideration and reducing the penalties imposed on a defendant. There are better ways to respond to pending criminal charges, depending on the situation. For example, the three different responses below can potentially help someone mitigate the worst consequences possible after an arrest leads to criminal charges.
Raising reasonable doubt
A traditional criminal defense strategy seeks to raise questions about someone’s criminal activity. They might present an alibi in the form of testimony or timestamped images taken at another location as proof that they could not have played a role in a particular criminal incident. This approach might involve challenging the inclusion of evidence, bringing in expert witnesses or otherwise establishing a reasonable doubt about someone’s involvement in a criminal matter.
Mounting an affirmative defense
An affirmative defense entails claiming that someone may have engaged in certain behavior but did not technically break the law. Perhaps the best-known affirmative defense is a claim of self-defense. Individuals accused of assault or other violent crimes might claim that they acted in self-defense rather than with the intent of harming the other person. Other affirmative defenses include claims of acting under duress or not having capacity in general or at the time of the criminal incident.
Negotiating a plea deal
Negotiating a thorough that includes specific standards for sentencing is different than simply pleading guilty to a pending charge. Someone whose defense attorney negotiates a plea deal may be able to reduce the charge that shows up on their criminal record. They can also potentially take certain penalties off the table, such as long-term incarceration.
The best defense strategies generally all require the assistance of a professional familiar with the law and the processes that unfold in criminal court. Choosing the right defense strategy can make a major difference for those facing criminal charges. Defendants who take the time to evaluate their options can potentially secure better outcomes than those who plead guilty immediately out of fear.