Defense Strategies: When You Are Accused of a Crime

Close up shot of a vintage chess board, representing a visual concept of strategy for blog Defense Strategy: When You Are Accused of a Crime.

Being charged with a crime is a harrowing experience. You probably don’t know what to do, where to turn, or what to expect. But with the right advice, a solid defense strategy, and representation from one of the top criminal lawyers in Michigan, you can get through this challenging time.

What To Do When You Have Been Charged with a Crime

If you think you are under investigation or have been charged with a crime, there are two things you should do immediately: exercise your right to remain silent, and call a lawyer.

Exercise Your Right to Remain Silent

If you think you are under investigation, and especially if you have been charged with a crime, do not talk to the police. You have the constitutional right to remain silent, and your silence cannot be used against you.

The right to remain silent is a cornerstone of the American legal system and is a constitutional right guaranteed by the Fifth Amendment to the U.S. Constitution. It applies whenever someone is suspected of having committed a crime and means you are not required to answer questions when asked by police officers or other law enforcement agents.

When you are being arrested, calmly explain to the police that you are asserting your right to remain silent and that you are requesting a lawyer.

Call a Lawyer

When you call a lawyer, some of the stress of being charged with a crime will immediately be transferred to your attorney. A criminal defense lawyer knows the law and will explain your options and protect your rights. If anyone wants to discuss your case, tell them to speak with your lawyer.

Your lawyer will protect you from police questioning and develop criminal defense strategies designed to have your case dismissed or minimize the consequences of a criminal charge.

Criminal Defense Strategies When You Are Charged with a Crime

Criminal law is complicated, and the consequences of a conviction can be severe.

The stakes are high, but Elmen Legal can help by explaining the law, providing advice, developing a sound defense strategy, and protecting your rights. Robert Elmen can guide you through the criminal process and provide emotional support during this difficult time. He will talk with the prosecutor, try to have your case dismissed, and, when necessary, take your case to trial.

Understanding Criminal Defense Strategies

Top criminal lawyers employ four general defensive strategies when someone has been charged with a crime.

Have the Case Dismissed. The first criminal defense strategy is to try to have the case dismissed. But realistically, once the police have charged someone with a crime and the case was filed in court, the prosecutor is unlikely to just dismiss the case without something more from the defense.

Evaluate Defense Strategies, Including Trial. Next, a criminal defense lawyer will evaluate defense strategies that could be used to beat the case. This often involves evaluating whether evidence can be excluded through a Motion to Suppress Evidence and exploring defensive strategies to win at trial.

Plea Bargaining. If it seems unlikely that you can beat the case, the next consideration is negotiating a plea bargain. A plea bargain can be reducing a Felony to a Misdemeanor, pleading guilty or no contest to a less serious crime, or negotiating for a less severe sentence. Often, a goal in plea bargaining is to keep the offense off your criminal record. In cases where there is a significant risk of going to jail, the goal of the plea bargain is to keep the defendant out of jail.

Reducing the Severity of the Punishment. Once a defendant has pled guilty, the judge may order a Pre-Sentence Investigation, which will result in a sentencing recommendation. In most cases, the judge follows the Pre-Sentence Report (PSR) closely, which means the PSR is essentially a blueprint for the sentence the judge will impose. To have the most significant impact on sentencing, top criminal lawyers prepare a criminal defendant for the PSI, help them understand the goals and motivations of the Probation Officer, and prepare them to highlight certain parts of their background while minimizing others. Attorney Elmen can help prepare you for the PSI so you know what to expect, and develop defensive strategies to help you reduce the severity of the punishment.

Charged with a Crime? Contact Elmen Legal Today

If you are under investigation or have been charged with a crime, you must take it seriously. It is not enough to simply trust that you will prevail because you believe you are innocent. You need to work with a top criminal lawyer to prepare criminal defense strategies that will lead to the case being dismissed or a Not Guilty verdict, or that will reduce the severity of any punishment the judge does impose.

Hiring a top criminal lawyer is expensive, and developing your defense strategy will be time-consuming. But when your freedom is on the line, the time and expense is worth it.

If you are under investigation or have been charged with a crime, contact Elmen Legal today. Michigan criminal defense lawyer Robert Elmen understands Michigan criminal law, and he knows how to get results.

Elmen Legal is based in Ann Arbor, Michigan, and represents people charged with crimes in Saline, Pittsfield Township, Chelsea, and Ypsilanti, and in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.

To learn more, contact criminal lawyer Robert Elment by calling (734) 707-8915 or use the online form to schedule a free consultation to discuss your situation and how he can help.