While the best way of preventing criminal charges before they start is to always follow the law, sometimes this isn’t possible. For whatever reason, you’re under arrest and the allegations are serious.
However, even if you’re arrested this doesn’t necessarily mean you’ve been criminally charged. Sometimes, it takes a little bit for your arrest to result in charges. The district attorney’s office may be overwhelmed or the investigation is still ongoing.
So, can you prevent criminal charges from being filed? The answer may be yes, but there are also a few steps you’ll want to follow.
How You May Be Able to Prevent Criminal Charges
If you find yourself facing potential criminal charges, here’s some advice on how you may be able to stop the legal process before it really gets going.
Consult an Attorney Immediately
Whenever possible, it’s always best to consult with a criminal defense attorney before you’re arrested. Maybe you’ve been indicted for embezzling funds from your company. You’re being represented by an experienced defense attorney who’s taken the step of contacting the prosecuting attorney. For those in specific regions, consulting criminal lawyers in Calgary can be particularly beneficial due to their familiarity with local laws and court procedures.
There’s a chance you can avoid criminal charges by working out a private deal. This generally means paying back the company and potential legal fines.
If you can work out an arrangement before criminal charges are filed, the matter may remain private. This means you avoid a court appearance and potential prison time. However, this approach may not work if your criminal charges are more serious.
For example, if you’re facing a murder charge you may not be able to avoid the charges. Chances are, the best your attorney can do is to get the charges reduced. For the charges to be dismissed, your attorney will need to show reasonable doubt in court.
Protect Your Rights During Questioning
The authorities may want to question you before you’re arrested. You have the legal right to remain silent. This is the best way to avoid incriminating yourself. The authorities may need your statement to support criminal charges. In your Miranda Rights, you’ll hear a phrase noting that law enforcement can use anything you say against you. Pay close attention to this statement.
Your attorney should advise you to remain silent and not discuss your possible charges with anyone. This means close friends and family. You also want to avoid posting about your potential criminal charges on social media.
The prosecuting attorney can legally go through your social media accounts; these are public spaces and aren’t protected under privacy laws. The last thing you want is for a Facebook post to give a prosecutor the evidence they need to move forward with criminal charges. Your attorney is going to have a difficult time refuting your statements.
Talk to the Authorities Before Charges Are Filed
An open investigation doesn’t necessarily mean criminal charges will soon follow. If you initiate a dialogue with the authorities during the investigation, you may be able to head off any potential charges. This also gives you and your criminal defense attorney the chance to review any collected evidence.
There’s a chance you may be able to refute the evidence before charges are filed. If the prosecuting attorney doesn’t have the necessary evidence, you may not need to worry about any criminal charges. Sometimes, you may also be able to present evidence showing you’re not involved in a crime. This means a potential end to your case before it even gets started.
Look for Legal Technicalities
Lawyers are human and this means they can make mistakes. Criminal law also isn’t exactly cut and dry, there are plenty of nuances and loopholes that can help prevent criminal charges from being filed.
A good example is if you’re questioned without being informed of your Miranda Rights. If you’re denied immediate access to your criminal defense attorney, this can also be a violation of your civil rights. Either of these scenarios can be grounds for a case dismissal before charges are even filed.
Another example of a legal technicality is an illegal search and seizure. Law enforcement may not have grounds to search your property and this typically means any evidence collected isn’t admissible in court. Even a typo on an arrest warrant can result in a motion to dismiss all charges before they’re filed in court.
Your Criminal Charges May Not Be a Certainty
Criminal charges aren’t always a certainty even if you’re facing an indictment. The best advice is to work closely with an experienced criminal defense attorney.
Remember to exercise your right to remain silent and be open to discussing your potential charges with law enforcement, but always in the presence of your attorney.
