Felony charges are the most severe criminal charges possible. Depending on the specific offense, felony charges may lead to a lifetime of imprisonment or even capital punishment if one is convicted. If you face felony charges, you likely feel a bit lost about what to do next. It wouldn’t be surprising if you’re feeling a sense of hopelessness as well. However, it’s important to know that no matter what charges you face, you’re innocent until proven guilty. With the right assistance and a credible defense, there is still hope.
An experienced attorney can use various legal strategies to have charges dropped or dismissed, and achieving a complete dismissal is often the strategic goal in these cases. Before going to trial, a determined criminal defense attorney in Louisiana can work tirelessly to have felony charges dismissed or charges dropped, even for serious felony charges like murder. Many factors can influence whether charges are dropped or dismissed, such as the strength of the evidence, witness credibility, and procedural issues. Here are some ways an attorney can encourage the dismissal of felony charges and help you get your life back on track.
- Build a Credible Defense
- File a Bill of Information
- Present Crucial Evidence
- Competent & Credible Criminal Defense Lawyers Near You
Introduction to Criminal Defense
When facing criminal charges, having a skilled criminal defense attorney by your side can make all the difference. An experienced criminal defense attorney understands the complexities of the law and is dedicated to protecting your rights at every stage of the legal process. Whether you are dealing with minor offenses or serious felony charges, a defense attorney can identify procedural mistakes, challenge witness credibility, and cast doubt on the prosecution’s case.
Their expertise in building a strong defense increases the likelihood of a favorable outcome, such as a dismissal or reduction of charges. If you are facing criminal charges, it is essential to have an experienced criminal defense professional guiding you through the process to ensure your rights are upheld and your future is protected.
Understanding Criminal Charges
Criminal charges can encompass a wide range of crimes, from misdemeanors to serious felonies, each carrying its own set of potential penalties and consequences. For anyone facing criminal charges, it is crucial to fully understand the nature of the allegations, the possible outcomes, and the steps involved in the legal process. A defense attorney plays a vital role in explaining the charges, outlining the legal procedures, and helping the defendant make informed decisions about their case. With the guidance of an attorney, defendants can develop a strong defense strategy tailored to their specific situation, increasing their chances of achieving the best possible result.
The Importance of a Clean Record
Maintaining a clean record is vital for anyone facing criminal charges, as a conviction can have far-reaching effects on employment, housing, and personal relationships. A defense attorney works diligently to protect their client’s record by seeking a dismissal or reduction of charges whenever possible. This may involve identifying procedural mistakes, challenging the credibility of witnesses, or negotiating with the prosecution to secure a favorable outcome. By focusing on these strategies, a defense attorney helps minimize the long-term impact of a criminal conviction and supports their client’s ability to move forward after their case is resolved.
Build a Credible Defense
The most common method for dismissing a felony criminal charge is by getting the case dismissed via a credible defense. Those kinds of defenses are highly dependent on the circumstances surrounding your case, including the nature of the crime or alleged crime, the strength of the prosecution’s case, and the credibility of witnesses and evidence. Some of the most common defenses for felony charges include:
- Illegal stop and search (including unlawful searches)
- No probable cause to arrest (or lack of sufficient probable cause)
- Procedural errors in the criminal complaint
- Self defense as a legal justification
Through gathering evidence, experienced attorneys can also uncover an alibi or an eye-witness account to overturn current charges. Defense attorneys play a key role in protecting your legal rights and preventing criminal charges from resulting in a criminal record or jail time. An experienced attorney can identify procedural errors, challenge the prosecution’s case, and use legal strategies to increase the chances of dismissing charges or dropping charges. First time offenders may have additional options for dismissals or reduced charges through pretrial intervention or alternative programs.
The key to successful case dismissal is to present enough evidence to support the defendant’s innocence before a bill of information or a grand jury indictment gets filed. Establishing the defendant’s innocence is crucial for case dismissal and helps prevent wrongful convictions.
These two documents are used to list the allegations against a defendant and lay the foundation for the charges against him. In grand jury proceedings, if the grand jury finds insufficient evidence, they may issue a no bill, meaning the case will not proceed to trial. A grand jury indictment does not allow for any opportunity to file motions to dismiss or reduce charges; grand jury indictments ensure that a defendant will go to trial on the charges against him and are usually reserved for felony charges.
Throughout the legal process, prosecutors and the prosecutor have the authority to file charges, drop charges, or seek a complete dismissal based on the evidence and circumstances. The best outcome for the defendant is a complete dismissal of the criminal charge, which helps avoid a criminal record and jail time.
File a Bill of Information
If there is not enough evidence to support a dismissal of the charges, the next best option is to reduce the charges you face. A bill of information provides the opportunity to request a reduction of the charges when there is insufficient evidence to support the charges. When a complete dismissal is not possible, plea bargains are often negotiated with the prosecution, which may involve agreeing to plead guilty to lesser charges in exchange for dropping the original charges.
As part of a plea bargain or reduced charge, first-time offenders may be eligible for alternative sentencing options such as community service instead of jail time. The District Attorney determines the appropriate charges depending on the evidence provided in the police report. Oftentimes, the D.A. may exaggerate charges in order to exert pressure on the defendant to settle a deal or testify against a co-defendant. If you face felony charges in Louisiana, it is of the utmost importance that your criminal defense attorney reviews the bill of information carefully to detect such instances and help you determine the best path forward for your case.
Working with the Prosecution
In many criminal cases, effective collaboration with the prosecution can lead to a more favorable outcome for the defendant. A skilled defense attorney uses their negotiation skills and deep understanding of the law to engage with the prosecution, seeking to dismiss charges, reduce the severity of the charges, or reach a plea bargain agreement. By identifying weaknesses in the prosecution’s case and presenting compelling arguments, the defense can often secure a resolution that is in the best interests of their client. Working with the prosecution in this way can be a strategic path toward achieving a dismissal or a more manageable sentence.
Present Crucial Evidence
Prior to the filing of a bill of information or grand jury indictment, an attorney fighting felony charges can take steps to weaken the D.A. ‘s case.
- Provide physical evidence: In some cases, it may be possible to provide direct statements from the victim(s) involved that cast doubt on the allegations against the defendant. Your attorney can provide such a statement in writing to the D.A.’s office in addition to any other evidence that supports your innocence.
- Schedule hearings in front of the judge: Hearings introduce the evidence into the official record as a way to document the evidence presented to the D.A. When the evidence is established, the D.A. must face the fact that the evidence will be introduced in front of the jury at trial.
- File motions to present evidence in front of the judge.
Any and all available evidence should be presented to support the dismissal of the case. If your attorney provides all possible documentation, DNA evidence, recordings, photographs/ video, witness statements and so forth to support your innocence, it could cause the D.A. to question the strength of his case as he realizes that he may very well lose. The more evidence that is presented, the closer the D.A. can be “pushed” to the tipping point when the case will be dismissed. Additionally, courts may dismiss charges if procedural errors are found or if the evidence is insufficient, leading to case dismissal or charges dropped.
Competent & Credible Criminal Defense Lawyers Near You
If you are up against felony charges in the state of Louisiana, you must act quickly if you want to have your charges dismissed. The first step you should take after you receive your charges is to find an experienced criminal defense lawyer you can trust. The best criminal defense lawyers in Louisiana will work hard to have your charges dismissed before you go to court, as it’s always best to avoid a jury trial.
At The John D. & Eric G. Johnson Law Firm, we are 100% focused on defending individuals with criminal charges against them and have practiced law for more than 24 years. We are members of the Louisiana Bar Association and the National Association of Criminal Defense Lawyers. To talk with a real lawyer today, call (318) 377-1555 or contact us online to schedule your free consultation. You are also invited to schedule a confidential consultation to discuss your case details and legal options.
