Categories General

From Dropped Charges to Reduced Sentences: How a Criminal Defense Lawyer Helps People

A prison sentence is what happens after someone is found guilty of a crime. It’s when the judge decides what punishment fits the crime. This could mean paying a fine, serving probation, performing community service, or spending time in prison.

Sentences do not always reflect the full time spent behind bars. For example, someone sentenced to five years in prison in San Diego might be eligible for parole after serving two years. California operates under an indeterminate sentencing structure for many crimes, which means the actual time served depends on factors like behavior, participation in programs, and the nature of the crime.

When you hear about someone getting their charges dropped or their sentence reduced in San Diego, it might seem like a stroke of luck. But in reality, there’s no magic involved. It’s actually the result of the meticulous work of a criminal attorney in San Diego who understands the law inside and out.

Contents

How a Lawyer Deals with Criminal Charges

Here are the different ways a lawyer can help reduce your sentences or even get them dropped altogether.

Negotiating Plea Deals to Reduce Charges

One of the biggest ways a lawyer can help you is by negotiating a plea deal. A plea deal is an agreement between you and the prosecutor where you agree to plead guilty in exchange for a reduced sentence or having some charges dropped.  

For example, let’s say you’re facing multiple charges, and one of them carries a harsh penalty, like a felony. Your lawyer can work with the prosecutor to find common ground. They might argue that you’re not a repeat offender, that you’ve shown remorse, or that you’re already taking steps to make things right, like attending therapy or paying restitution.

Without a lawyer, it’s easy to get pressured into accepting a bad deal. Prosecutors may push for something they know isn’t fair, and if you don’t have someone who knows the law, you might not even realize it. A lawyer makes sure the deal is truly in your best interest and not just convenient for the prosecutor.

Using Mitigating Factors to Reduce Sentences

Mitigating factors are circumstances that make the crime seem less severe. These don’t excuse what happened, but they give context that might make a judge more understanding. A lawyer knows how to find these factors and present them in a way that works in your favor.

For instance, let’s say you committed a crime because you were under extreme stress or coercion. Maybe someone threatened you, and you felt like you didn’t have a choice. Or perhaps you were dealing with a mental health crisis at the time. Your lawyer can gather evidence, like medical records or testimony from a psychologist, to show that while what you did was wrong, it wasn’t done with malicious intent.

Judges take these things into account, but only if they’re presented properly. A lawyer will connect the dots for the court, making sure your story is fully understood and that the punishment fits not just the crime but the circumstances behind it.

Challenging Evidence to Weaken the Prosecution’s Case

Evidence is the foundation of any criminal case, and if the evidence against you is weak or flawed, it can change everything. A lawyer’s job is to scrutinize every piece of evidence to see if it holds up.

Let’s say the prosecution is relying on evidence like DNA, video footage, or a confession. Your lawyer will investigate how that evidence was collected and whether the proper procedures were followed. For example, if the police obtained evidence without a warrant or coerced a confession, that evidence might be inadmissible in court.

Sometimes, it’s about interpreting the evidence differently. Maybe a video doesn’t show what the prosecution claims, or a witness’s testimony has inconsistencies. A good lawyer will find and use these weak spots to your advantage.

Helping You Earn Sentence Reduction Credits

If you’re already serving time, a lawyer can guide you on earning sentence reduction credits. These credits reward good behavior or participation in programs like education, work, or therapy. They might not erase your sentence completely, but they can significantly shorten it.

Your lawyer can explain which programs are available and help you navigate the requirements to ensure you’re taking full advantage of these opportunities.

More From Author

Leave a Reply