How to Get Rid of Pending Criminal Charges
Understanding Pending Criminal Charges
Before diving into the strategies for getting rid of pending criminal charges, it’s essential to understand what they are and how they work. A pending criminal charge is a legal accusation or complaint that has been filed against an individual, but the case has not yet gone to trial or been resolved through a plea agreement. The charges may be misdemeanors or felonies, and the accused person may be facing a range of possible penalties, from fines to imprisonment.
Strategies for Getting Rid of Pending Criminal Charges
Fortunately, there are several strategies that can help individuals get rid of pending criminal charges. Here are some of the most effective ones:
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**Negotiate a Plea Bargain**
One of the most common ways to get rid of pending criminal charges is to negotiate a plea bargain with the prosecution. This involves agreeing to plead guilty to a lesser charge in exchange for the prosecution dropping the original charges. For example, if you are facing charges of felony drug possession, you may be able to negotiate a plea bargain to plead guilty to a misdemeanor charge of disorderly conduct.
- Benefits of Plea Bargaining:
- Reduced charges and penalties
- Avoidance of trial and the uncertainty that comes with it
- Possibility of having the charges expunged from your record
- Challenges of Plea Bargaining:
- The prosecution may not be willing to make a deal
- You may have to agree to a guilty plea, which can have serious consequences for your future
**File a Motion to Dismiss**
If you believe that the charges against you are invalid or that the prosecution’s evidence is insufficient, you can file a motion to dismiss the charges. This involves presenting legal arguments to the court and asking it to dismiss the charges.
- Benefits of Filing a Motion to Dismiss:
- No risk of conviction or sentence
- No requirement to plead guilty or take a plea bargain
- Possibility of having the charges expunged from your record
- Challenges of Filing a Motion to Dismiss:
- The prosecution may argue that the charges are valid and that the evidence is sufficient
- You may need to spend significant time and money on legal fees
**Take a Polygraph Test**
In some cases, taking a polygraph test can be a helpful strategy for getting rid of pending criminal charges. This involves undergoing a lie detector test to demonstrate your honesty and truthfulness. While polygraph tests are not admissible as evidence in court, they can be used to build trust and credibility with the prosecution and the court.
- Benefits of Taking a Polygraph Test:
- Can help to establish your innocence and honesty
- Can be used to build trust and credibility with the prosecution and the court
- May be a useful tool for negotiating a plea bargain
- Challenges of Taking a Polygraph Test:
- There is no guarantee that the test will be accurate
- The test results may not be admissible as evidence in court
**Cooperate with the Investigation**
Cooperating with the investigation can also be a helpful strategy for getting rid of pending criminal charges. This involves fully cooperating with the authorities, providing information and evidence, and answering questions truthfully.
- Benefits of Cooperating with the Investigation:
- May be able to avoid prosecution or reduce the charges
- Can help to establish your innocence and honesty
- May be a useful tool for negotiating a plea bargain
- Challenges of Cooperating with the Investigation:
- There is no guarantee that cooperating will lead to a favorable outcome
- You may still be charged and convicted, even if you cooperate fully
When to Hire a Lawyer
If you are facing pending criminal charges, it’s essential to hire a lawyer as soon as possible. A lawyer can help you navigate the legal system, develop a strategy for getting rid of the charges, and provide guidance and support throughout the process.
- When to Hire a Lawyer:
- As soon as you are charged or receive a summons
- If you are unsure of your legal rights and options
- If you are facing serious or complex charges
- If you are being questioned by the authorities or investigation
Conclusion
Getting rid of pending criminal charges can be a complex and challenging process, but there are several strategies that can help. By understanding your legal rights and options, negotiating a plea bargain, filing a motion to dismiss, taking a polygraph test, cooperating with the investigation, and hiring a lawyer, you can work towards a favorable outcome. Remember to stay calm and focused, and to seek legal advice as soon as possible.
Table: Strategies for Getting Rid of Pending Criminal Charges
| Strategy | Benefits | Challenges |
|---|---|---|
| Negotiate a Plea Bargain | Reduced charges and penalties, avoidance of trial, possibility of having the charges expunged | The prosecution may not be willing to make a deal, you may have to agree to a guilty plea |
| File a Motion to Dismiss | No risk of conviction or sentence, no requirement to plead guilty or take a plea bargain, possibility of having the charges expunged | The prosecution may argue that the charges are valid, you may need to spend significant time and money on legal fees |
| Take a Polygraph Test | Can help to establish innocence and honesty, can be used to build trust and credibility, may be a useful tool for negotiating a plea bargain | There is no guarantee that the test will be accurate, the test results may not be admissible as evidence |
| Cooperate with the Investigation | May be able to avoid prosecution or reduce the charges, can help to establish innocence and honesty, may be a useful tool for negotiating a plea bargain | There is no guarantee that cooperating will lead to a favorable outcome, you may still be charged and convicted even if you cooperate fully |
Additional Resources
- National Association of Criminal Defense Lawyers (NACDL)
- American Bar Association (ABA)
- Legal Aid Society
- Federal Public Defender
By following these strategies and seeking legal advice, you can work towards getting rid of pending criminal charges and moving on with your life.
