What Is Going To Happen To Me?
The biggest concern that a person faces when they have been charged with a crime is 'what will happen to them?' This concern is not unfounded. For most of our lives we have taken for granted that the police are the good guys and that the criminal justice system will find out the truth and act accordingly. We expect the guilty to be punished and the innocent to be freed.
Presumption of Innocence
Everyone that is charged with a criminal offense is suppose to be presumed innocent. That sounds really good but the reality is different. The presumption of innocence comes into play only at trial and, for the most part, only applies to the jury and is only as effective as your criminal attorney.
Jurors are people. When jurors come to court and are told they are going to be selected for a criminal trial the first thought when they see the defendant is "I wonder what he/she has done?" It is a natural reaction due mainly to our poor education system that has put our Rights on the back-burner of the education cook-book.
People are no longer educated in the Rights we all share. This poses a serious problem for defendants defense attorneys. We are constantly teaching the potential jurors about our Rights as they are being selected to hear the case. An effective attorney must do this and must hammer it home at trial.
Our Criminal Justice System
Our criminal justice system is by far the fairest justice system in the world. Can it be improved - absolutely, but it isn't bad by any stretch of the imagination. The failure of our system is the competitive nature that we, as Americans, are instilled with in our youth. Our competitive nature is a great thing - it makes us who we our - but when it comes to justice, winning is not the "only" thing.
Prosecutors have a competitive nature about them. They want to win. Winning to them usually means convicting a person for a crime. Unfortunately, the prosecutors that think this way have it wrong.
Their true goal is to see that justice is done. We expect the guilty to be punished and the innocent to be freed, remember. When a prosecutor finishes a case he or she should not be concerned about whether a person has been found guilty as much as whether justice in that case had been done.
The search for justice has been placed in the hands of the defense attorneys. This is what we do. Unlike the television portrayals, we must go into court and present the FULL story, not just the side of law enforcement.
The Four Factors That Influence Your Case
We are all human beings. The justice system is a reflection of those that are in it. This is not science. You can take a trial, have the prosecutor, the witnesses, the Defense Attorney, and the Judge reenact the trial exactly for different juries and have two different results. That being said, I have yet to see, first-hand, any real injustice occur after a trial. It seems that with all our frailties our system seems to get it right most of the time.
Besides the facts of the case, the four factors that play a decisive role in your case are the following:
The Judge
There are variables that can affect your case. These involve personalities. We have all heard of the so-called "hanging judge." This is the judge that is real mean and punishes everyone to the max. Well, there are many different judges. I wouldn't call any a "hanging judge" but some are known for handing out harsher punishments than others.
The Prosecutor
Prosecutors can also be a factor. Prosecutors hold the power to drop a case and to make offers. They are also the ones to take a case to trial and try it. Depending on who the prosecutor is determines what types of offers can be expected and how a case will be pursued in court.
The Offense
The type of crime that is alleged is also a factor. Felonies are worse than misdemeanors and violent offenses are worse than property crimes (or should be but that depends on the prosecutor). Driving without a valid drivers license can be expected to have less severe offers and/or sanctions than a drunk driving case.
Defendant's Prior History
A defendant's prior history is also a factor. A first time offender can expect a more lenient offer and, if found guilty, more lenient sanctions than a repeat offender. Moreover, Florida uses a score-sheet system for all felony cases which incorporates the nature of the offense and prior history. Regardless, prosecutors run backgrounds on all defendants and prosecutors love to tell the judge what prior arrests a defendant has. Defense attorneys constantly have to remind the prosecutor that the only things that can be counted are convictions.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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