Will Your Criminal Defense Lawyer be Able to Help You Avoid Criminal Charges?
With the help of a criminal defense attorney, you may be able to avoid criminal sentences or convictions and the long-lasting impact of a criminal record. Here is a look at some of the ways your criminal defense lawyer can help:
- Diversion: With diversion, your case can be effectively put on hold for you to complete some conditions set forth by the prosecutor. During this time, you will be required to complete all of the conditions set by the prosecutor. Typically, these conditions include counseling, drug or psychological treatment, making restitution to the victim or performing community service. If you have completed all of the requirements by the end of the diversion period, paid all of the monies required and have not been arrested again, your case will be dismissed and the record will show your charges were dropped.
- Withholding Adjudication: This is a way for the Court to sentence you without a criminal conviction. Typically, you will need to plead to the charge and our criminal defense lawyer, the prosecutor and the judge then agree on a sentence without a conviction. Instead, your sentence may include things like house arrest or probation to do community service and pay monies owed to the victim, etc. It is important to keep in mind that you may still have a criminal record but not a conviction for the crime.
When cases are handled by diversion or a withhold of adjudication you may be able to seal or expunge your record of the case.
Keep in mind that the prosecutor must agree to each of these solutions, and/or the court must approve them. They are often available only to offenders who have been charged for their first time and can convince the prosecutor and judge that they are not likely to re-offend.