Matt Horeczko - How Innocent Defendants Handle Criminal Charges?
Some innocent suspects are charged by even the best-intentioned prosecutors. According to Matt Horeczko, innocent defendants want to know what they can do to avoid being convicted, no matter why charges were filed. What is the best way to avoid pleading guilty or receiving a guilty verdict, other than going to trial?
The Filing Decision: Limited and
Erroneous Information
Prosecutors make filing decisions based on police reports, which are usually the only evidence in the case. Police reports don't usually provide much information about the crime, at least in a preliminary manner. There are times when the police make some errors in their formal reports, either due to misstatements or lies made by witnesses or due to errors or bias on the part of officers.
Intervening Before Charges
Hiring a criminal defense lawyer as soon as reasonably possible
is one of the best things you can do to ensure successful pre-trial
communication. (However, you shouldn't rush into hiring a lawyer, and you
should not allow a lawyer to pressure you into hiring them. You can typically
hire an initial lawyer and, if necessary, switch to another later on.)
Many lawyers will intervene even before the prosecution files charges if the facts are suitable.
Going for a Dismissal
Most innocent defendants have to wait until charges have been
filed before their lawyers can get involved. This does not necessarily mean a
trial will be held. During a client meeting, Matt
Horeczko says the lawyer should provide a complete explanation of the
facts and any other information relevant to the case (for example, the
relationship between the defendant and the alleged victim). At that point, the
lawyer can weigh his or her options.
Depending on the lawyer's decision, it may be best to gather
evidence (including witness statements) immediately following the incident.
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