It is the prosecutor that makes the final decision as to whether to formally charge an individual or not, not the police department or other law enforcement agency.

In most state criminal cases, police arrest individuals and bring the case to the District Attorney’s Office. The police only need probable cause to make an arrest, but the District Attorney’s Office must be able to prove each and every element of each crime charged beyond a reasonable doubt for a conviction. In federal systems, the investigative work prior to an arrest is usually more substantial.

Prosecutors have discretion on whether or not to charge an individual. They can consider factors such as the strength of the evidence, the individual’s criminal history, the extent of harm or loss allegedly sustained, witness cooperation, resources needed, and weigh it against the interests of justice. Prosecutors have an ethical obligation to pursue only cases they believe they have sufficient evidence to pursue, but this, in practice, is not the only driving factor in the decision to prosecute.

The decision to prosecute also hinges on the particular office’s policies and objectives. The same chain of events could lead to the filing of criminal charges in one jurisdiction, but a decision not to prosecute in another. While office policies and objectives may lead to more decisions to charge than not to charge at the outset, an experienced criminal defense attorney knows that prosecutors will respond to potential weaknesses in cases at later stages in the case, possibly leading to dismissals or increased bargaining power.

If you are arrested, you shouldn’t say anything that would incriminate you to the police. You should invoke your right to remain silent until you have spoken to a criminal lawyer. The police office will recognize your Fifth Amendment rights. You also shouldn’t consent to a search of your vehicle or person. Always be respectful and conciliatory even if you believe you are wrongly accused and/or arrested. Never physically resist arrest, verbally attack, or run from a police officer. This applies to whether you believe you are innocent or know you have committed a crime. Respectful behavior towards the authorities can give you a better chance for a favorable plea agreement if found guilty. Contact an experienced criminal defense attorney immediately.

If you are arrested and initially confess to a crime, it becomes even more important for you to consult with a top-rated criminal defense attorney. In our years of experience, we’ve found that a guilty plea shouldn’t be your first and only option. The confession you have can be dismissed entirely depending on the circumstances, especially the confession was not made according to the law. The Blanch Law Firm can also take your situation into account and determine how to potentially negotiate with a prosecutor, and can also assess whether you have a chance of beating the case in court and having the charges dropped. The Blanch Law Firm can work with you on a personal level to determine the best option for you, even if you believe to have incriminated yourself.

Before you commit to an attorney, it’s crucial that you take the time to meet with and get to know that person. Be wary of any lawyer that tries to pressure you for payment right away, especially if you haven’t yet had a chance to get all your questions answered. Don’t be afraid to ask a lot of tough questions and be cautious of anyone who promises specific results. Some attorneys will make promises – promises they can’t keep – simply to get your business. An ethical attorney will explain what things they are going to do to help you, but they will never guarantee a specific result.

Yes – absolutely. Even if you plan on pleading guilty to the crime you’re charged with, rarely is it a good idea to represent yourself. A top criminal defense attorney can try to negotiate a lesser charge or lighter sentence. People who attempt to act as their own lawyer typically end up with harsher punishments than those who have good legal representation

In our experience, it is still crucial to obtain a lawyer even for minor charges or misdemeanors. A wrong assumption is that if the offense itself is minor, the punishment will be as well. This is NOT the case — certain minor offenses and misdemeanors can affect you for years. These consequences can range from a mark on your public record, an effect on being able to obtain employment or loans, higher insurance premiums, and even outright jail time.  No matter what charges you are facing, you should always find out the potential penalties as well as the defenses you have available. The Blanch Law Firm have been helping people for over a decade as top-rated criminal attorneys who have found ways to lessen or even eliminate the consequences of the offense.

The criminal defense attorneys at The Blanch Law Firm has handled charges from shoplifting & misdemeanor marijuana possession high-profile white collar crimes and homicide — and most everything in-between. Our litigation experience spans multiple states and counties; our attorneys are licensed in NY, NJ, California, Tennessee, Pennsylvania, and in federal court. Chances are good that we’ve handled a charge like yours before, even though the details of each particular case differ greatly from client to client. Best of all, when you retain our services, you are getting the benefit of the experience of the entire team. We routinely discuss strategies and debate the nuances of the law in order to narrow in on a particular issue and prepare for trial or negotiation.

For answers to your specific questions contact us.