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Nashville criminal defense attorney Lee Martin provides an overview of plea bargains and trials.

Posted July 8, 2015 - College Students, Domestic Violence, Drug Cases, DUI Cases, Felony Cases, Misdemeanor Cases, Prescription Fraud, Prostitution Solicitation, Shoplifting, Tennessee Resisting Arrest, Vehicle Assault, Vehicle Homicide, White Collar Defense

Nashville criminal defense attorney Lee Martin provides an overview of plea bargains and trials.  Although not mandated by law, plea bargains play a significant role in criminal cases throughout the United States.  Plea bargains allow for criminal cases to be resolved without the time and expense of a jury trial.  When charged with a crime, there are many options for how your case may be resolved or concluded.  Potential outcomes can include the following:

  1. Dismissal of charges
  2. Diversion agreement
  3. Plea bargain
  4. Trial

The dismissal of charges rarely occurs in criminal prosecutions.  However, there are instances when charges are dismissed.  This usually occurs when the prosecutor determines that the evidence against the accused is weak or when there are concerns about the case in general.  Perhaps, the arresting officer has incorrectly charged the accused or a key witness cannot be produced for trial.  A dismissal is unlikely when the prosecution has a strong case against the defendant.  Likewise, a dismissal may be warranted when the prosecution cannot prove all the elements of the charged offense.  A dismissal usually occurs through the efforts of a highly skilled criminal defense attorney.  Unfortunately, most prosecutions do not look for the flaws in the cases they are assigned.  Most often, these flaws are investigated and proved through the efforts of a skilled criminal defense lawyer.  If these flaws are not raised by defense counsel, they will fail to be considered by the court.  Make sure your attorney has the training and skills to provide an adequate defense.  When defenses are not raised, they are forever lost.

A deferral agreement can benefit the accused even when the state’s case is strong.  A diversionary plea is designed to allow a first time offender to participate in probationary period for a set amount time.  Once the terms of this agreement are fulfilled, the offender is then allowed to petition the court to have their charges dismissed and their record(s) expunged or sealed from public view.  This is an exceptional program designed for first time offenders who met certain criteria.  It also allows them to accept responsibility for their actions while still retaining their rights to have a clean record.  This type of plea usually creates a winning situation for all parties involved.  However, the accused must meet strict statutory criteria before a plea is officially enter into.  If these criteria are not strictly followed, the defendant could be left with a permanent criminal conviction that can never be erased.  Please proceed carefully with this in mind.  A defense attorney will ensure that all proper procedures have been followed prior to entering into a plea agreement.

Plea bargains are designed to allow the accused to accept responsibility for their actions while minimizing the consequences for their actions.  The primary goal is to obtain a lighter sentence.  An experienced Nashville criminal defense attorney can be instrumental in obtaining a lighter sentence through plea negotiations.  An experienced attorney will be able to shift the focus on the positive aspects of your case while negating the negative aspects.  A defense lawyer’s role is to evaluate the facts and circumstances of your arrest while assessing the amount of risk those facts might present at trial.  This is accomplished by understanding Tennessee’s criminal laws and sentencing act.  A thorough defense effort will ensure that the accused is getting the best possible deal available.  When a deal is favorable, the case can be resolved without the stress and strain of a trial.  This allows defendants to move on with their lives while still negating the negative consequences of their actions.  Successful plea bargains are both a skill and art.  This skill increases through experiences and practice.

If the case cannot be resolved through a favorable plea bargain, then the case will proceed onto trial.  This is where a skilled trial lawyer can really make a difference.  Remember not all lawyers are willing to take a case to trial.  In fact, many lawyers have never successfully taken a criminal case to trial.  Here, the understanding of human nature and psychology are essential.  A skilled trial attorney will be able to use the rules of the court and their understandings of human nature to your benefit.  This will help place your case in the best light possible.  When it comes to trying a case, not all lawyers are created equal.  Please make your choice wisely.  It could make all of the difference in the world.  If you need help with a pending criminal charge, give Lee Martin a call at 615-345-1988.  He has nearly 20 years of experience and knows how to get results in criminal cases.

I help good people restore their lives

-Lee Martin is a nationally recognized DUI and criminal defense attorney.  He provides premier legal services by limiting his caseload exclusively to DUI and criminal matters.  Lee knows how to build a solid defense strategy for your upcoming court date.  Let Lee Martin be your choose as your Nashville area criminal defense lawyer.   If you have pending charges, give him a call at 615-345-1988.

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