If are facing criminal charges, you might feel confused and scared. You probably don’t have any idea how to deal with court processes and procedures. But, you might know you might go to jail for a while, pay fines, and have a criminal record.
No matter, the offense, the majority of criminal charges follow similar procedures. Options and tools such as filing motions can be used by a criminal defense lawyer Knoxville, TN to improve the circumstances of their client. Whether you are facing DUI, theft, drug possession, or a serious felony, you can rely on your attorney for building a strong defense.
If you are facing an investigation or arrested, you should involve an attorney immediately. Your lawyer can review the details of your case and whether a defense motion can help. Your attorney can use the following are the arguments your attorney may use to get your case dismissed:
Self Defense
If you are facing a violent action accusation, self-defense is a possible affirmative defense. Thus, you do not deny the act took place; however, there was legal justification for your acts. Self-defense may lead to charge dismissal when you have a reasonable belief that your action was necessary to defend yourself against the unlawful action of another person. Your lawyer can file a motion for a pre-trial determination to shield you against prosecution.
Factual Grounds
In some instances, you and the prosecution agree on what took place. Because there is no need to determine additional material facts, a trial won’t be necessary. The judge will decide the criminality of your act.
Statute of Limitations
Billy Jensen says that to file charges against you, the prosecution must observe a time limit for most crimes. Charges must be dismissed when they are filed beyond the statute of limitations. But, the prosecution does not have to be concerned about the time limit when filing charges for crimes such as capital or death penalty felonies, felony crimes that cause death, sexual battery, human trafficking, and others.
Insufficient Evidence
After the prosecution presents its case at the trial, your attorney can ask the judge to dismiss the charge when the evidence cannot justify a conviction. In criminal cases, the prosecution has the burden to prove you committed a crime. They should prove different elements in your alleged crime including motivations, knowledge, and specific acts to have you convicted. Without sufficient evidence to prove these elements, the charges you are facing must be dismissed.
