If No Defenses or Motions Are Available, There Is Still Hope:
By : saulcrim | Category : Criminal Defense, General | Comments Off on If No Defenses or Motions Are Available, There Is Still Hope:
24th Apr 2018
South Florida criminal defense attorney Scott Saul will always try to aggressively defend against your case and fight for you as opposed to simply “pleading your case out” to unfavorable conditions. However, we also understand that in some cases, the most favorable outcome of your case may involve negotiation as opposed to raising defenses or challenging the sufficiency of evidence. In rare instances, after we’ve done all we can to investigate, discovery, and reviewing your case, we’ll negotiate with prosecutors to structure a favorable plea offer for you that will mitigate or lessen the sentence you face.
If you do not wish to exercise your constitutional right to a jury trial, we can seek the following possible outcomes for you:
- Drug Court: This program is a court-supervised treatment court for defendants who are not charged with a violent crime. Drug Court operates in conjunction with community substance abuse rehab centers, Judges, the Sheriff’s Office, the Office of the State Attorney, the Office of the Public Defender and local law enforcement agencies. A defendant typically will be entered into the Drug Court program through PTI or a condition of probation (discussed in the following paragraph) and will be eligible to have the charges dismissed upon successful completion and graduation from the program. After successful completion, all charged will be dismissed by the Judge (withhold of adjudication if entered as condition of probation). Whether the program is entered into through PTI, or as a condition of probation, you will be able to avoid a possible felony conviction on your record.
- Pre-Trial Intervention(PTI): PTI is similar to Pre-trial Diversion except it is a program run by the Judge as opposed to the State Attorney’s office. After successful completion, the judge will dismiss all charges (as opposed to pre-trial diversion or drug court, where the State Attorney “nolle prosses” / drops the charges).
- Withhold of Adjudication: Meaning that you will not be “adjudicated guilty” of the crime that you are charged with and it will not have an adverse impact on future job or school applications.
Possession cases, like most criminal cases, can be very fact-intensive and complicated. Even a slight variation of the facts could affect a number of nuances which could have a significant impact on the penalties you face. South Florida criminal defense attorney Scott Saul is very experienced in defending against possession cases and will be by your side, fighting for you every step of the way. Call us at (305) 326-9901.
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