Prompt Intervention with the
Prosecutor
Once you have been arrested, the State
Attorney's Office generally conducts an
independent investigation. At times, early
intervention by your attorney in providing the
prosecutor with your side of the story, or the
names of witnesses, can be effective. Early
contact with the prosecutor could make a
difference in the decision whether to file formal
charges, file a lesser charge, or decline to
prosecute at all.
Diversion
Programs
Diversion programs are alternatives to the
traditional methods of prosecution. Essentially it
is a probation offered by the State wherein for a
predetermined period of time you must stay out of
trouble, commit no further crimes, and complete
any other conditions imposed by the program. Upon
satisfactory completion of the program, the
criminal charges are then dismissed. Diversion
programs are available for first time offenders
for most misdemeanors and some minor
felonies.
Pleas
Bargains
Depending on the evidence the State has
against you, you may simply choose to dispose of
the case with an agreed upon disposition which can
be negotiated between the prosecutor, your
attorney and the Judge. This agreed upon
disposition of your case is often times structured
to avoid a formal conviction, extend time to meet
court imposed obligations and not jeopardize your
employment. A prompt resolution through a plea
agreement can allow you to get on with your
life.
Withholding of
Adjudication
A withholding of adjudication allows you to
resolve your case without suffering a formal
conviction of guilt. After receiving a withhold of
adjudication a person can truthfully state they
have never been convicted of the offense.
Pleas in
Absentia
A plea in absentia allows the case to
resolve without the need for a trial or even your
personal appearance in court. It is also possible
to receive a withholding of adjudication on pleas
in absentia.
Sealing/Expunging of Criminal
Records
The sealing or expunging of your criminal
records makes the information about your case
nonexistent to inquiring members of the public or
potential employers. It allows you to state, with
limited exception, that you were never arrested or
charged with a criminal
offense. |