criminal defense attorney

What Civil Liberties Do Felons Lose?

Crimes are categorized based on the severity of the offense. At the top are felonies. Felony crimes are considered to be crimes of a very serious nature and the consequences for a felony conviction are correlated with the severity of such crimes. The New York legal code considers felonies to be those crimes that are punishable by death or a period of imprisonment exceeding one year in duration. New York is notoriously tough on crime and prosecutors will work tirelessly and with the full weight and resource of the government to secure felony convictions.

Those convicted of felonies stand to lose a great deal. Yes, they will face steep fines and extended periods of incarceration. Convicted felons also face the stigma of eventually being released into a society that will often view them with great mistrust and trepidation. Not only will a felony conviction on a person’s record jeopardize his or her employment prospected and housing options, but a convicted felon may have trouble even doing such things as opening a checking or savings account at a financial institution. On top of all of this, felons will lose certain civil liberties upon conviction. We will talk more about this loss or rights here.

What Civil Liberties Do Felons Lose?

While the specific civil liberties and right to restore civil liberties lost upon a felony conviction will vary from state to state, some rights will be lost forever and some may be restored. In the state of New York, a convicted felon will lose several of the rights and privileges that are granted to American citizens, also known as “civil liberties” or “civil rights.” For instance, the general rule in New York is that you can no longer vote after incarceration or while on parole or probation due to a felony conviction. Once you have completed your sentence, however, your voting rights are automatically restored. You will still need to re-register in order to get access to this restored right but doing so will not require any special documentation. This automatic restoration of a felon’s right to vote is very new to New York. In fact, Governor Cuomo signed the legislation that granted felons automatic restoration of the right to vote in all elections back on May 4th of 2021.

In addition to losing the right to vote, those with felony convictions in New York are also prevented from being able to legally buy and possess firearms. This right may be restored by a pardon. Alternatively, the right may be restored by a Certificate of Relief from Disabilities or Good Conduct. Otherwise, the bar on the right to purchase a firearm will stand indefinitely.

There are several other rights a person will lose upon conviction of a felony. For instance, he or she will no longer be able to sit on a jury. He or she will be excluded from welfare as well as being barred from obtaining federally funded housing. Those convicted of felonies also face exclusion from obtaining certain professional and operator licenses.

Criminal Defense Attorneys

You do not have to let a felony charge turn into a felony conviction. Too much is at stake to try and go it alone. Get the dedicated criminal defense team at CDH law on your side. We will fight for you. Contact us today.

courtroom

What Is Hearsay?

“Objection! Hearsay!” Have you heard this shouted in some of your favorite TV legal dramas? Most of us have. What exactly, however, does this mean? Hearsay refers to a central rule of evidence and a complicated one at that. While conversationally, people may refer to hearsay as secondhand information, the implications in the legal world are much deeper than that. Let’s take a deeper look here at what hearsay actually means.

What Is Hearsay?

It can be important to understand hearsay, at least in part, as it can play a central role in the admissibility of key evidence at trial. Statements deemed to be hearsay will be considered inadmissible in court. So, what is hearsay? It is an out-of-court statement used to prove the truth of the matter asserted. Huh? Yes, do not worry. The hearsay rule is confusing and something that law students and lawyers alike have grappled with.

To understand hearsay, it can be important to go back to the reason the hearsay rule exists, the reason why hearsay is often considered inadmissible. The hearsay rule is in place because hearsay can be so unreliable. Statements made under oath in court that can be cross-examined by attorneys are considered to be more reliable than statements made outside of the courtroom where the validity of the statement would be difficult to challenge effectively.

Hearsay comes up when a witness presents evidence of a statement made by someone else that is offered in order to prove the truth of the matter asserted. A statement can be either oral or written. The most complicated part of hearsay to understand is whether the statement is offered to prove the truth of the matter asserted. This means that a statement relayed by a witness may be inadmissible hearsay if offered for one purpose, but not for another purpose. In this situation, the judge will admit the hearsay if offered for a different purpose and instruct the jury accordingly.

Hearsay is seen as problematic because the witness is relaying a statement made outside of court, said by someone else. The reliability of the statement is not something that can be credited to the witness. The reliability of the statement rests with the person who said it, who is not on the witness stand under oath.

As a general rule, as previously stated, hearsay is inadmissible evidence in court. There are, however, a variety of hearsay exceptions where a statement deemed to be hearsay will be admissible in court. If an attorney makes a hearsay objection, a statement is deemed to be hearsay, and there are no applicable exceptions, the judge will not allow the statement into evidence. One of the most significant hearsay exceptions is the party admission exception. With this exception, one side can offer statements made by the opposing party. This remains true even if the opposing party made the statements out of court.

Syracuse Criminal Defense Attorneys

Confused? Yes, hearsay and many other criminal law and rules of evidence tend to send peoples’ minds spinning. Our knowledgeable criminal defense team at CDH law is well versed in the laws and procedures that impact our clients. We use our experience and understanding to fight for them. Contact us today.

criminal defense attorney

How to Appeal in a Criminal Case

If you have been convicted of a crime and sentenced, you may feel defeated and without hope. There may be, however, several different ways for you to challenge your conviction. One such way is through a criminal appeal.

How to Appeal in a Criminal Case

The court you appeal your case to will depend on several factors, including the level of crime of which you have been convicted. You see, there are different court levels in New York. The trial courts form the lowest level. They are considered to be the finders of fact. Convictions and sentences are made at the trial court level. At the appellate level, the courts are not tasked with fact-finding, but they do review the legal decisions rendered at the trial court level.

If you were convicted of a misdemeanor, you can file an appeal of your conviction in the local county court. If you were convicted of a felony, you can take your appeal to the Appellate Division. Which of the four Appellate Divisions will hear your case depends on your county. Furthermore, you may be able to appeal your case to the New York Court of Appeals, the highest court in the state. While a criminal defendant does not have the automatic right to take a case to the Court of Appeals, he or she may be and must be granted permission to appeal to the Court of Appeals. Be forewarned, however, that most of the applications made to the Court of Appeals to hear a case are denied. Approved applications are generally reserved for those cases where an important question of law arises or there was a dissenting opinion in the court decision below.

To appeal your New York criminal court conviction, you must file your notice of appeal. Not only must this notice of appeal be properly drafted, but it must also be filed in a timely manner, and served. The notice of appeal, which memorializes in writing your intent to appeal your conviction, is different from an appellate brief that will be later filed and present your arguments to raise on appeal. It must be served within 30 days of your sentencing and failure to meet this deadline could mean dismissal of your appeal. It should be noted that it is generally a good idea to go ahead and file a notice of appeal before the allotted time runs out even if you are unsure as to whether you really want to appeal. Should you later decide not to appeal, no harm is done by simply filing the notice. Timely filing the notice, however, keeps the option open for you.

Your notice of appeal must include your name as well as the docket number or indictment number associated with the case you are appealing. It should also indicate which court you are appealing from and whether the appeal is seeking to address the judgment or sentence or both handed down by the trial court. Two copies of the notice of appeal must be filed with the clerk of the criminal court in which your sentence was imposed and you must have acopy served on the prosecutor.

Criminal Defense Attorneys

Talk to the knowledgeable criminal defense team at CDH law about your options for post-conviction relief. That guilty verdict does not have to be the end of the road. CDH Law is here for you. Contact us today.

woman shaking hands with criminal defense attorney

What Is the Burden of Proof in a Criminal Case?

The burden of proof, regardless of whether it is a civil suit or a criminal trial, is the burden that the prosecution or plaintiff must meet in order to be successful in the legal pursuit at hand. For prosecutors in a criminal case, they are looking to meet the burden of proof in order to secure a guilty verdict. The burden of proof they carry, however, is the highest one in U.S. law. Here, we will talk more about the burden of proof in a criminal case.

What Is the Burden of Proof in a Criminal Case?

Criminal defendants facing any level of charge, from misdemeanors to felonies, are all innocent until proven guilty in the eyes of the legal system. It may not feel like it as you confront this system, but it remains a fundamental standard of U.S. law. In order to prove a defendant guilty of criminal conduct, the prosecution must prove guilt “beyond a reasonable doubt.” The beyond a reasonable doubt burden of proof is the highest standard of proof there is and with good reason. The potential penalties a person faces when confronted with a criminal charge are steep and can result in loss of personal freedoms, civil liberties, assets, and so much more.

Proving that a defendant committed a crime beyond a reasonable doubt means that each individual element of the crime must be proven beyond a reasonable doubt. While the beyond a reasonable doubt burden is meant to be steep, it is by no means meant to be an impossible burden for the prosecution to carry. The prosecution is not meant to have to dispel any possible doubt. The burden itself says that only “reasonable” doubt must be eliminated to be successful.

The burden of proof starts and may very well stay with the prosecution. This, however, depends on other things at play during trial, such as the defense strategy. If the defense team asserts an affirmative defense, the burden of proof will shift momentarily  to the defense. An affirmative defense is one where the defense essentially says “Yes, but…” The defense is saying that the defendant may have engaged in the conduct alleged by the prosecution, but it was not criminal (or deserves a lesser criminal charge) because of extenuating circumstances. One of the most commonly mentioned affirmative defenses is self-defense when the defendant has been charged with a violent crime. In this example, the defense would be saying that the defendant’s behavior was justified and not criminal because he or she was defending himself or herself against an aggressor.

Should an affirmative defense be asserted, the burden of proof shifts to the defense. The burden in successfully asserting an affirmative defense will vary based on jurisdiction. Often, it is a preponderance of the evidence standard. The defense must prove through the presentation of reliable evidence that the affirmative defense is valid. This burden of proof is, of course, not as heavy as the beyond a reasonable doubt standard.  Once the burden of proof is carried to assert the defense, then the burden shifts back to the prosecution to disprove the defense beyond a reasonable doubt.

Criminal Defense Attorneys

There may be a great deal of legal jargon thrown your way if you face criminal charges. While it can be overwhelming, it can also be important to understand your rights and what you are up against. The criminal defense team at CDH Law can provide you with trusted legal guidance as well as a fierce defense in any criminal matter you may face. Contact us today.

criminal defense attorney and client

What Is Covered by Attorney-Client Privilege?

Some people may have a vague sense of attorney-client privilege. To most, it may appear as some sort of expansive, invisible shield that keeps anything that goes on between them and their criminal defense attorney hidden. While the attorney-client privilege does offer significant protection surrounding communications between a client or a potential client and attorney, it is critical to understand the nature of this protection as well as its limits.

What Is Covered by Attorney-Client Privilege?

Generally speaking, communications between an attorney and a client, or a potential client, are privileged. This means that the communications must remain confidential. The privilege is held by the client and so only the client has the authority to waive the privilege. Attorney-client privilege was established to encourage a trusting relationship between attorney and client and because it is widely recognized that it is important for a client to be able to freely discuss issues and concerns with his or her attorney.

Let us discuss more specifically what is covered by the attorney-client privilege. All private communications where a client or potential client seeks advice from a lawyer on a legal issue are protected from disclosure unless it fits into an exception to the privilege. The fact that the communication must be private is important to note. Communications that are made in the presence of others will not be considered privileged. If a client talks to his or her attorney knowing that other people are listening, it will not be considered private and, therefore will not be covered by attorney-client privilege. The same is true for electronic communications. If a client sends his or her attorney an email and CC’s someone else on the email, it will not be covered by the privilege.

It is also important to be aware that, while communications themselves are protected, facts, in general, are not protected. For instance, while you may not be forced as a witness to answer a question about what you told your lawyer about what happened at a certain time and place, you can be forced to answer a question about what happened at a certain time and place (assuming you do not have a separate privilege against self-incrimination under the Fifth Amendment to the Constitution). The communication is privileged, not the facts. Additionally, physical objects are not covered by attorney-client privilege. If you think stashing an instrumentality of a crime with your attorney will protect you, think again. Turning items over to your attorney does not mean they will be safeguarded by attorney-client privilege.  

Criminal Defense Attorneys

Attorney-client privilege is a cornerstone of the criminal justice system in the U.S. The legal system has recognized that the ability of a client to freely communicate with his or her attorney outweighs the desire of a court to have unrestricted access to all of the information gatherable. At CDH Law, we hold the attorney-client privilege to be a sacred thing, laying the solid relationship with form with our clients as we relentlessly defend them against any criminal charge they may face. Contact us today.

misdemeanor arrest

What Is the Difference Between a Misdemeanor and a Felony?

New York falls in line with most other states in dividing crimes into two central categories. There are misdemeanors and felonies. Both levels of crimes can carry significant penalties. There are, however, some distinctive features of misdemeanors and felonies that should be noted.

What is the difference between a misdemeanor and a felony?

Generally speaking, misdemeanors are considered to be crimes that are not as serious as felonies. The fact that misdemeanors are considered to be less serious than felonies is, in turn, reflected in the potential penalties one faces if convicted of such a crime in the State of New York. Felonies tend to carry longer prison sentences and bigger fines.

In New York, misdemeanors are separated into three classes. Class A misdemeanors are considered to be the most serious class. They are punishable by up to one year in jail and up to three years of probation. Furthermore, Class A misdemeanors carry fines upwards of $1000.00 or, alternatively, twice the amount the defendant gained as a result of the criminal act. One example of a Class A misdemeanor is assault in the 3rd degree.

The next level is Class B misdemeanors which carry a potential penalty of up to 90 days in jail and up to one year probation. Furthermore, Class B misdemeanors carry fines upwards of $500 or, alternatively, twice the amount the defendant gained as a result of the criminal act. One example of a Class B misdemeanor is prostitution.

The last category of misdemeanors is referred to as “unclassified misdemeanors.” The penalties for the misdemeanors found in this category are set forth by the specific laws that define each unclassified offense. One example of an unclassified misdemeanor is reckless driving.

Unlike misdemeanors, felonies are divided into five separate classes. Class A felonies are considered to be the most serious and those charged with a Class A felony face a potential lifetime prison sentence. An example of a Class A felony is murder in the 1st degree. The next level of felonies are Class B felonies. Class B felonies carry a potential punishment of up to 25 years in prison. Sex trafficking is considered to be a Class B felony.

The next class of felonies, a Class C felony, can carry a potential sentence of up to 15 years in prison. Aggravated possession of a weapon is considered to be a Class C felony. Next, you have Class D felonies that are punishable by up to 7 years in prison. Aggravated identity theft is considered to be a Class D felony. The last class of felonies is Class E. A Class E felony carries a potential sentence of up to 4 years in prison. Defrauding the government is considered to be a Class E felony.  These are just examples, but there are many types of felony and misdemeanor offenses and it is important that one discuss the level of offense charged with an attorney very early in the criminal justice process.

It is also important to note that felonies, unlike misdemeanors, can result in the loss of civil liberties such as the right to vote, the right to run for public office, the right to own a firearm, and can also result in the loss of the ability to hold certain professional licenses.

Criminal Defense Attorneys

While misdemeanors and felonies can vary in the severity of their sentences, both can have far-reaching impacts on a person’s life. Having a criminal record can have adverse consequences on everything from job prospects to the ability to secure housing. At CDH Law, our team of dedicated criminal defense attorneys is here to fight for you and your future. Contact us today.

cross-examination

How to Prepare for Cross-Examination

Criminal trials are complex and, of course, can be very stressful, particularly for the defendant. If you are called as a witness in a criminal trial, whether you are the defendant or not, you should be as prepared as possible for what is going to happen, or what might happen, when you are on the stand. Witnesses are called to the stand by either the prosecutor or the defense. On direct, the side that called the witness first gets to question him or her. Next, the other side has the opportunity to cross-examine the witness. Cross-examination is, generally speaking, limited to questions relating to matters that were raised during direct examination. The main purpose of cross-examination is most often to undermine the credibility of a witness called by the other side. Witnesses should, therefore, be prepared for a difficult and sometimes heated line of questioning.

How to Prepare for Cross-Examination

In preparing for cross-examination, a witness should focus on a few critically important facts reviewed with the attorney who will be calling them to the stand. A detailed narrative that a witness will have to recall when under the pressure of cross-examination is not a viable situation. The witness is likely to freeze up or have the narrative sound disingenuous or rehearsed. The witness should be prepared to deliver the “headline” of why he or she was brought to testify in the first place. Come to court with the important things at the top of your mind. Then, when on the stand, you will be more likely to get that important information right out front as opposed to it being lost in a long speech.

Witnesses are under a lot of pressure as it can often feel like the fate of the defendant rests on their shoulders. To minimize the pressure and fear that a witness can face, a witness should remember that there is a safety net built in should they struggle with cross-examination. The attorney who initially calls a witness has an opportunity to question the witness after cross-examination.  This is called re-direct examination. During re-direct, an attorney can often mitigate much of the damage a witness may have caused during cross-examination.

To prepare for cross-examination, a witness should also be mindful of body language. Be prepared to use confident body language while on the stand. Make eye contact and keep your head up while being questioned. Additionally, a witness should plan to dress conservatively for court. It can also be beneficial for a witness to get into the right mindset for cross-examination. It can be uncomfortable to be questioned by the attorney for the other side, particularly in a situation where the attorney is trying to undermine the credibility of the witness. A witness should make every attempt to avoid open hostility toward opposing counsel. In fact, the demeanor of the witness should not change when being questioned by either side. A jury will notice a shift in demeanor and likely hold it against the witness in one way or another.

Criminal Defense Attorneys

At CDH Law, we take great care to prepare everyone involved in a criminal trial. We know that a trial can be won or lost in these kinds of important details and we make every possible effort to help ensure all witnesses are properly prepared for trial. We do this because of our commitment to mount the strongest possible defense for our clients facing criminal charges. Contact us today.

courtroom

What Is Proper Court Etiquette?

Watching courtroom dramas on TV is not exactly an accurate portrayal of what going through the criminal justice system may look like. While there may be some truth in these representations, it is still important to separate reality from TV dramatics. If you are going to court, whether it be as a defendant, witness, audience, or juror, you should be prepared to comply with proper court etiquette or you can land yourself in some trouble.

What Is Proper Court Etiquette?

First and foremost, you need to be prepared to show respect for the judge and his or her courtroom. This is accomplished in a few different ways. For instance, showing respect can be accomplished through the way you dress and present yourself in court. Dress conservatively and as professionally as possible. Avoid jeans. Hats and sunglasses should be removed prior to entering the courtroom, otherwise, you will likely be instructed to do so when you enter.

Your behavior should also reflect a respect for the judge and the courtroom. Being in court can be intimidating. This can be even more true when you are not quite sure what to expect. Listen to the judge as they are charged with running the courtroom and keeping order. Failure to comply with a judge’s directions can easily result in you being held in contempt and/or being escorted from the courtroom by the bailiff. If you are addressing the judge, address him or her as “your honor.” Speak to the judge in a way that reflects the fact that you respect the position of authority. Answer clearly and directly. Avoid gestures that may be taken as disrespectful, such as rolling your eyes.

There are other things you will be expected to do in order to show respect for the judge and the ultimate authority the judge holds in the courtroom. For instance, you will need to stand when the judge enters the courtroom. You should wait until the judge takes his or her seat before you should be seated.

Other rules of courtroom etiquette include being on time. In fact, you should be early. Additionally, when you are in the courtroom, things may get heated at times. If you are put on the witness stand, you may become upset at some point. You should make every possible attempt to remain calm. Do not yell. Also, only the person testifying should be speaking in the courtroom. So, if you are not on the witness stand or are simply seated in the gallery, refrain from talking.

While some may view these rules as archaic, or overly conservative and restrictive, they reflect a type of order that acts as a pillar of the justice system. Respect the system and the authority within the system and things will proceed much more smoothly.  Even if you don’t agree with why you are in court in the first place, failing to act appropriately in court can only hurt your cause.

Criminal Defense Attorneys

Proper etiquette in every situation helps make a good first impression. This holds true in the courtroom setting as well. How you act, how you dress, and how you appear in court can have far-reaching consequences on important matters such as the outcome of your case. At CDH Law, we are here to discuss all aspects of your case in order to mount the most rigorous criminal defense possible. Contact us today.

judge at a trial

¿Cuáles Son Los Beneficios de Un Juicio Ante Un Juez?

Si has sido acusado de un delito penal, es posible que te enfrentes a la difícil decisión de si quieres un juicio ante el tribunal o un juicio por jurado. Un juicio ante el tribunal es otra forma de decir que deseas un juicio ante un juez, o que deseas un juicio donde el juez, en lugar de un jurado, decida tu destino. Es una decisión importante y una que comúnmente plantea la pregunta sobre cuáles son los beneficios de un juicio ante el tribunal. Aquí, discutiremos esos posibles beneficios con más detalle.

¿Cuáles son los beneficios de un juicio ante el tribunal?

Uno de los principales beneficios de un juicio ante el tribunal es simplemente que los procedimientos en un juicio ante el tribunal tienden a ser mucho menos formales. Es menos probable que un juez haga cumplir estrictamente y insista en las reglas procesales del tribunal e incluso es probable que pase por alto muchas de las reglas de evidencia que se disputan acaloradamente en los juicios por jurado. Un juicio ante el tribunal puede, a su vez, ser mucho menos estresante para un acusado. Solo están presentes el juez, el acusado y los abogados. No es necesario enfrentarse a un grupo de jurados observando cada expresión facial del acusado durante todo el juicio.

Además, los acusados y sus abogados no tienen que hacer declaraciones de apertura en un juicio ante el tribunal. Tampoco es necesario redactar instrucciones para el jurado. Mientras que hay un procedimiento bastante estricto para la estructuración de argumentos en un juicio por jurado, dicha formalidad se suele omitir en un juicio ante el tribunal. Es probable que un juez incluso acepte pruebas en un caso que de otro modo serían denegadas si hubiera un jurado presente. También es más probable que a los abogados, tanto defensores como acusadores, se les dé la oportunidad de discutir e incluso acordar ciertos hechos relevantes del caso. Tal flexibilidad puede tener extensas ventajas.

Debido a las formalidades que deben observarse y al hecho de que se necesitaría seleccionar un jurado, los juicios ante el tribunal a menudo son mucho menos consumidores de tiempo que los juicios por jurado. Estas son cosas que vale la pena considerar al evaluar tus opciones.

También es importante al considerar elegir un juicio ante el tribunal en lugar de un juicio por jurado que tengas en cuenta tu caso y los cargos particulares. Algunos casos pueden presentar preguntas legales muy complejas. Tener a un juez decidir estas complejidades en lugar de dejarlo a un jurado para desentrañar los enredos legales puede ser muy beneficioso. De hecho, es común que los acusados en casos que involucran hechos complejos o problemas legales más complicados opten por un juicio ante el tribunal en lugar de dejarlo en manos de un jurado para tratar de entender las cosas y pronunciarse a su favor.

Abogados de Defensa Criminal

Al final de un juicio ante el tribunal, el juez emite el veredicto sobre si un acusado es culpable o no culpable. La decisión de optar por un juicio ante el tribunal o un juicio por jurado puede tener un impacto significativo en el resultado de tu caso. Analiza tus opciones con el equipo de experimentados abogados de defensa criminal en CDH Law. Contáctanos hoy mismo.

man signing plea deal

The Pros and Cons of Accepting a Plea Deal

Plea deals are fairly common in resolving a criminal case. In fact, it may even be claimed that the judicial system has come to depend on plea deals to help manage caseloads and reduce the number of cases that go to trial. The time and expense saved when a plea deal is made helps to alleviate the strain on the criminal justice system. The benefits of a plea deal are not, however, just enjoyed by the judicial system, but may also be enjoyed by the criminal defendants who enter into such agreements. Accepting a plea deal can have significant benefits. There are, however, potential disadvantages that should be considered as well.

The Pros and Cons of Accepting a Plea Deal

Two of the main reasons that a defendant may accept a plea deal is the lighter sentence and/or a reduced charge. A plea deal is often accepted because the prosecutor offers the defendant a lighter sentence for a crime. This can mean the defendant spends less time or no time incarcerated which may not have been the case had a criminal conviction occurred at trial.

Prosecutors will also often offer reduced criminal charges in negotiating a plea deal. A defendant facing a felony charge may see that charge bumped down to a misdemeanor in a plea deal. Having a reduced criminal charge could have important impacts. A lower charge usually means a reduced sentence. It can also mean a person who may have been a convicted felon and therefore facing a loss of certain civil rights will not have to suffer those consequences. Additionally, the reduced charge may be eligible to be sealed from a criminal record where the heightened charge may not have been. 

Should the defendant retain private counsel for the criminal case, accepting a plea deal can also save money. Without needing an attorney to represent him or her at trial, the case ends much more quickly. This will save time and money when a private attorney, as opposed to a public defender, has been retained.

There is another benefit of accepting a plea deal that should not be discounted. Accepting a plea deal means that your case has been resolved. The uncertainty, fear, and anxiety that can come with awaiting trial can be severe. Accepting a plea deal and having it all over can be a relief, to say the least.

Accepting a plea deal, however, does not necessarily come without potential disadvantages. For instance, you will not have your day in court to undermine the prosecution’s case. For all the weaknesses the prosecution may have in its case, it will not matter because the case will be over before these weaknesses are exposed. The weaknesses of the prosecution’s case may have meant that you would not have been convicted should the case have gone to trial. This brings us to the next disadvantage of accepting a plea deal.

Accepting a plea deal means you have no chance at a “not guilty.” A plea deal means you are agreeing to plead guilty to a crime in exchange for leniency. This can be a difficult reality to face, particularly if you did not, in fact, commit the crime alleged.

The reality that you will be pleading guilty to a crime also means that this will go on your criminal record. It is possible that it will remain on your record for life. Depending on the nature of the charge, it may not be eligible to be expunged and that means it will follow you around indefinitely.

Criminal Defense Attorneys

Accepting or rejecting a plea deal has serious implications for a criminal defendant. Discuss your options with the knowledgeable criminal defense attorneys at CDH Law. Contact us today. We are here for you.