In my criminal defense practice I am often asked “How do I beat a charge?” Or I get inquiries from business owners blindsided by accusations of white collar crime who ask, for example, “how do I beat a fraud charge?”
My answer is that it’s about preparing a strong defense, rather than simply beating the charge. Prosecutors and Law Enforcement spend time and money building their case against you. Depending on the seriousness of the charge they may commit to the arduous processes of bringing an indictment against you. If they have gone through the steps of bringing a charge against you, it’s their job to validate this effort by convicting you.
When you are accused of a crime, you have to prepare a defense that is robust enough to head off the strategies of seasoned prosecutors and make the prosecution and law enforcement accountable to you. Always remember, however, that prosecutors and Law enforcement officers have an obligation to ensure that you receive due process and you receive your right to a fair trial. Law enforcement can’t gather evidence in a way that infringes on your constitutional rights and prosecutors can’t bring charges that don’t fit with their case on you.
A Strong Defense is the Best Way to Beat a Charge
A strong defense involves building a case that clearly presents the facts and the evidence to counter the charges brought against you. Your defense team should also hold a microscope to the investigation and the legal grounds for the charge to ensure that the prosecution and law enforcement follow the law and the legal process for gathering evidence.
An Example: How to Beat a Drugs Charge for Possession of A Controlled Substance
Drug crimes can carry extremely serious punishments, such as 2 years or a fine for a first offense of possessing heroin, the most severely prohibited drug in Massachusetts. Drug charges have a history of being associated with racial profiling and law enforcement don’t always carry out their investigations with due regard for fairness or the law. Being convicted of drug possession can set in motion a chain of catastrophic events, such as reputational damage and mental health consequences that can send someone’s life off the rails. The situation may feel desperate, but remember that you have rights.
One of the most important defenses to a charge of drug possession is your Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizure, so if the police have carried out a search without respect for your constitutional rights, your defense team can prepare a defense that argues that the charges were improperly brought. You may also be accused of possession when it’s questionable whether the controlled substance actually belongs to you. This often happens when police make a vehicle stop and accuse one person of possession when a number of people were present. These are just a few of the ways your defense team can hold the charges against you to scrutiny and maybe even get them dismissed.
Beating Charges and Fighting For Your Future
The impacts of being accused of a crime are enormous. Even without a conviction, being accused of a crime can have serious effects on reputation, employability, relationships and mental health. It’s no wonder that people really want to know “How do I beat this?” The drive to preserve your future and defend your rights and reputation is a healthy instinct. At Dhar Law, we temper this instinct by fighting for your rights with vision, precision and expert knowledge of the Law.
If you start with the idea that you want to beat a charge, it may be tempting to protest your innocence by revealing information to Law Enforcement without a lawyer present. As seasoned criminal defense attorneys we can tell you that an ounce of preparation beats any amount of passion. If you have been accused of a crime we urge you to contact a criminal defense attorney immediately before speaking to Law Enforcement. As an inclusive and diverse Law Firm we also provide full translation services in multiple languages, so if someone you know has been accused of a crime, we can ensure they understand the charges brought against them.
At Dhar Law, we believe in the right to a fair trial and we bring our decades of experience defending serious criminal cases in state and federal courts to a robust criminal defense strategy. It’s never too late to fight for your future. If you have been accused of a crime don’t hesitate to reach out to one of our experienced Boston Criminal Defense Attorneys to discuss your case. We put all our skill and dedication to work no matter how serious the accusations.