A person arrested and charged may dispute either some aspect of the arrest or try to prove that he or she is not guilty. A successful challenge to the arrest or to a key piece of evidence can result in the charges being dropped. Otherwise, if the State prosecutes, it must present evidence proving guilt beyond a reasonable doubt.

Contrary to what you might see on TV, fighting a criminal charge can be risky, an acquittal is not guaranteed and a conviction after trial can, and often does, carry a harsher sentence, on the other hand, it sometimes may lead the prosecution to offer a better deal to the defendant, for example reducing a felony to a misdemeanor or offering an acceptable punishment in exchange for a plea.

The decision of whether to take a case to trial or not is a difficult one. Going to trial will be more expensive and it requires a personal commitment of time and energy. However, the fact remains that an acquittal by a judge or jury is the only way to be proven innocent. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.