Getting hit with a felony or a misdemeanor charge can create a major disruption in one’s life and create a crisis. A criminal record can be a substantial impediment in finding a job and can cause social problems. Having a charge can be a tremendous weight and can increase the defendant’s stress level. It isn’t pleasant bearing the burden of a criminal record, but with the right Miami criminal defense attorney, you can potentially have charges dismissed and maybe even wiped from your record.
One of the most effective ways you can get charges, misdemeanor or felony, dismissed is to participate in a pretrial intervention program. This option depends on where you live and what the charge is. In the state of Florida, these intervention programs are available for state arrests. Federal offenses are not dismissed through pretrial intervention.
An effective criminal defense lawyer is your best bet to secure this option. Finding a Miami criminal defense attorney who is well-versed in this process is an essential ingredient for success in Miami-Dade County. Ask your lawyer about what possibilities are open to you in your situation. A criminal defense lawyer in Miami can help you get your case dismissed.
Your chances of getting charges dismissed are much greater if you have no prior criminal record. Sometimes your attorney can persuade the prosecutors not to file charges. This is the easiest way to deal with the issue without serious consequences. The second step is to try to convince the judge that the charges are not sufficient to lead to a conviction or that some of the evidence should not be admissible.
Ideally, the Miami defense firm you choose will convince the prosecution not to go forward with criminal charges. If this step doesn’t work, your criminal attorney may recommend a pretrial intervention or diversion program. This could require the defendant to answer questions and fill out forms detailing previous arrests and convictions. The state attorney’s office will conduct a full background check to confirm the defendant’s answers. It is important that the defendant answer each question fully and honestly. These programs are usually available only for first-time offenders.
To gain access to a pretrial intervention program, the victim and the officer conducting the investigation usually have to consent to the defendant’s engaging in the program. The requirements of the program often depend on the type of crime has been committed. People charged with assault or domestic abuse may have to enter an anger management course. Those who have been charged with financial misdemeanors may have to take an accounting course.
A pretrial diversion program may be the most effective way to dismiss charges if the prosecution won’t agree to drop the case. It is much easier to take a course for a period of time, usually about six months, rather than face a blighted reputation and the emotional trauma of being charged with a felony or misdemeanor. A Miami criminal defense attorney can inform you of your options and help you preserve your good name by recommending a pretrial intervention program.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.