Mark Hersh:
There are 3 basic avenues that any defense attorney
must pursue to protect his client.
- Try to get the charges to go away entirely, and
get the case dismissed.
- Fight and try to win the case at trial.
- Negotiate for a minimum sentence that the client
can live with, that will remove the risk of the most
serious penalties if found guilty.
These different defense methods are not mutually
exclusive, a good attorney may be pursuing all 3
outcomes at the same time to give the client the most
and best options.
Option 1 involves analyzing the case and all the
evidence to find a mistake the police may have made in
the course of their investigation, and contesting
probable cause at an initial appearance or preliminary
hearing in the case of a felony.
Option 2 involves fighting the case all the way, and
trying to convince a jury that you are not guilty of one
or more elements of the crime.
Option 3 is when you look for a reasonable plea for
your client to accept. This involves more than simply
being a tough and effective negotiator with the
prosecutor, but also helping your client lay the
groundwork for making a strong case for leniency. This
can involve helping the client get drug treatment in a
drug case, or working out creative solutions for
restitution. Anything you can do to make the case that
the defendant is working to turn his life around can be
a huge help in getting a minimal sentence. And anytime
an attorney can take the risk of a jail sentence off the
table, that is a deal worth considering.