Good Morning guys, we're back with another edition of Know Your Rights:
It is important for you to know what tools your criminal defense Attorney could be using to get you the best possible outcome in your case. There are two powerful weapons that a diligent defense Attorney will seek to utilize from the very start of your case; (1) A motion to dismiss for Insufficiency of Evidence (saying even with the facts the state has alleged there is enough to create a prima facie case of guilt) (2) A motion to suppress (saying the state violated the 4th amendment in obtaining the evidence it has against you). Based on the facts of you case either or both of these tools could be used to resolve the matter before it even proceeds to trial or a plea bargain.
Your Attorney should not simply relay the state's first offer to you and wait around to see if you accept it. From the moment an Attorney takes your case he/she should be searching for ways to resolve it in a way the benefits you while exposing you to the least risk possible. The tools above are frequently used to do just that. Know your rights and always pick an Attorney who is willing to work and fight for you from day 1!