Even a well-intentioned prosecutor may file a case against an innocent suspect. Regardless of why charges arose, an innocent defendant should find out what defense attorneys in Lancaster County, PA can do to help them avoid a conviction.
The Role of Erroneous and Limited Info in the Filing Decision
When a prosecutor receives a case, they often have to rely on the police report for information. The average preliminary report is limited in the scope of information it offers. Many police reports get the facts wrong, whether it’s because of a witness’ misstatement or officer bias.
A report may misrepresent a minor fact, such as the words used in an altercation, or it may be completely wrong, such as when a defendant turns out not to be the aggressor. An alleged victim may even exaggerate or lie about his or her injuries. If charges are erroneous, a defendant can go to trial and hope for an acquittal. However, this strategy is risky, and a good defense attorney will try to stop the case before it goes too far.
Pre-Charge Intervention
Pre-trial communication is one of a few reasons why it’s important to hire defense attorneys in Lancaster County, PA. If the case’s facts warrant it, an attorney may attempt to intervene before charges are filed. This may involve calling the investigating officer or talking to the prosecutor before a filing decision. In minor cases, a defense lawyer may be able to arrange it so the case never makes it to court, but this is rare.
Seeking a Dismissal
In some cases, an innocent defendant may have to wait until they’re charged to get an attorney involved. However, that doesn’t always mean that a trial will happen. During an initial interview, a client will provide an overview of the case and its relevant information, and from there, the attorney can weigh the legal options.
Hire an Attorney
Clients need legal counsel for various reasons, one of which is the pre-trial stage. Only a lawyer can handle the tasks listed in this guide, and an experienced counselor’s judgment can be a crucial component of the case. An attorney should be the person to recommend which steps to take, even if it involves waiting for a trial. For more information, visit the Law Office of Melissa R. Montgomery.
