Your life takes an upside-down turn when you are charged with CSC charges. CSC means criminal sexual conduct. You might not realize it in the beginning, but the outcomes are so dreadful that you might have nowhere to go. Unfortunately, these charges are permanent. Although you might have completed your punishment, they will still be on your criminal records. The best course of action is to get your case dismissed with the help of a professional CSC lawyer in Michigan. Here’s how they can help.
A dismissal can occur at any point in the run-up to or during the trial and indicates that the prosecution has decided, for whatever reason, not to proceed with their case against you. Having charges of criminal sexual conduct dismissed is not the same as accepting a plea bargain or proceeding with a trial.
Remember that anything is possible. A prosecutor may choose to drop their case for any number of reasons at any point. However, people who are facing allegations of criminal sexual conduct are really asking, “How likely is it that my CSC charges will be dismissed?” To be quite honest, the answer to that question is that, although it is possible, a complete dismissal of CSC charges is incredibly uncommon and should not be anticipated.
It is not up to you as the defendant to decide whether or not the charges against you are dismissed in a criminal sexual conduct case. For any reporting witness in your case, the same holds.
The prosecutor is the only person with the authority to drop a criminal accusation. A common misconception, often seen in TV shows and movies, is that the person who reports a sexual assault can choose to drop the charges later on. This isn’t accurate. Once the report is made to the authorities, the individual who made the complaint doesn’t have control over the subsequent legal proceedings.
According to a CSC lawyer in Michigan, the prosecutor is the only one with the authority to drop these charges, and it is not often that they do. A prosecutor needs a good justification to drop these charges.
Prosecutors may decide to abandon a criminal sexual conduct charge for a few different reasons.
The victim who filed the complaint would later withdraw their account or decline to testify. In certain situations, the state may not have the proof necessary to get a conviction. The complaining witness may occasionally be persuaded to sign an affidavit stating that they do not wish to assist with the prosecution.
If there is overwhelming evidence of innocence, the state may also consent to dismiss charges. In such situations, it’s not uncommon for the police to make mistakes, resulting in the wrong individuals being arrested. However, if there’s strong evidence of an alibi or clear indications pointing to another perpetrator, the prosecution might agree to drop the charges.
The CSC lawyer in Michigan representing the defendants in the case in might be able to exclude crucial evidence from the trial. If evidence was obtained through an unauthorized search or seizure, a judge has the right to exclude it from the case. If this happens, the prosecution might have to drop the charges.
It’s important to consider that sometimes, support from the prosecution might be key to reaching a favorable outcome. While getting the case dismissed would be the best-case scenario, there are times when pleading guilty might actually work in your favor. A plea bargain could lead to a fair punishment, which might not include any jail time. Additionally, the prosecution might offer to dismiss the initial charges in exchange for a plea to a lesser offense. This approach can be beneficial, especially if it allows you to avoid a charge with more severe long-term consequences, like a sexual offense, even if it means pleading guilty to a different charge.
There are also situations in which going to trial is your best course of action. Although the thought of going to trial may initially seem overwhelming, a CSC lawyer in Michigan can make sure you are ready. Sometimes, the best outcome after an arrest for criminal sexual activity is a release at trial.
Facing criminal or sexual assault charges is the most terrifying, confusing, and nerve-wracking thing a person can experience. A successful guilty conviction may result in hefty fines and perhaps even some jail time. For these reasons, you must get in touch with a CSC lawyer in Michigan who can help you to dismiss your case. Do you want a reliable lawyer? Give us a call today!