Avoiding Trial: Alternative Options for Criminal Cases

Were you arrested and charged with a crime in Texas? You are probably feeling stressed out, confused, and overwhelmed. While you have a right to trial, the reality is that most criminal cases never go to trial. In fact, the Pew Research Center cites data showing that only around two percent of criminal charges (1 in 50) make it to trial in the United States. 

How do you avoid a criminal trial? There are a number of different potential alternatives available. At JBABB Law, we provide solutions-driven, future-focused legal representation to our clients. It is our mission to ensure you know your rights and options. Here, our Richardson criminal defense attorney provides an overview of the alternative options for resolving criminal cases in Texas. 

Your Three Main Options to Avoid a Trial in a Criminal Case in Texas

Get the Charges Dismissed Outright

Not all arrests actually result in criminal charges—and not all criminal charges end up going forward. Depending on your specific situation, it may be possible to have the charges dismissed outright well before any trial ever happens. Of course, this is the most favorable alternative option for a defendant. It effectively means that he or she has been cleared of the offense. Charges may be dropped based on the following grounds: 

• Insufficient Evidence: One of the primary reasons for the dismissal of charges is the lack of sufficient evidence. If the evidence the state intends to use against the defendant does not meet the legal standards, it can lead to the dismissal of charges. 
• Violation of Rights: If there was a significant violation of the defendant's rights during the investigative or arrest process, this could also lead to a dismissal. For instance, if evidence was obtained without a proper search warrant, that could lead to the case following apart. 
• Prosecutorial Discretion: In some cases, the prosecutor might decide not to pursue a case because of limited resources, witness credibility issues, or a belief that the case lacks merit. In such situations, the prosecution can motion to dismiss the case.

Reach a Plea Agreement With Prosecutors

You may also avoid a trial through a plea agreement. In effect, a plea agreement is a deal between the defense and the prosecution. In exchange for pleading guilty or not contesting the charges, the defendant will receive some form of benefit, such as lesser criminal penalties. The potential advantages of a plea bargain include: 

• Lesser Charge: In some cases, prosecutors will agree to allow a defendant to plead guilty to a less severe criminal offense. 
• Reduced Sentence: A plea deal might involve reduced prison time, probation, community service, or a combination thereof.
• Certainty: By agreeing to a plea deal, a defendant often has a clearer idea of the outcome, compared to the uncertainties of a trial. There is less risk. 

Is it the right approach to take a plea deal if you are facing a criminal charge in Texas? That question cannot be answered in the abstract. It always depends on case-specific factors, including the strength of the prosecution’s case and the terms of the proposed plea bargain. Plea deals are complicated. An agreement should always be negotiated by an experienced Texas defense lawyer. 

Secure Deferred Adjudication

Deferred adjudication is another potential alternative option to a traditional criminal trial. The Texas Judicial Branch explains that deferred adjudication is “a special form of judge-ordered community supervision that permits a defendant to accept responsibility for a crime without an actual conviction being placed on the record.” Community supervision is also commonly referred to as probation. Deferred adjudication is an option in some, but not all, criminal charges in Texas. Some potential advantages include: 

• Avoiding Conviction: After successfully completing the terms of community supervision, the case is dismissed. The defendant will not have a formal conviction on his or her record. A benefit that can be crucial for future endeavors like employment or housing applications.
• Personally Tailored Conditions: Rather than facing a one-size-fits-all penalty, the conditions of deferred adjudication are often tailored to the defendant. Example requirements like counseling or local community service. 
• Opportunity for Redemption: The process allows individuals an opportunity to demonstrate their commitment to lawful behavior and personal growth. Successfully completing deferred adjudication can show that a past mistake does not define a person. 

Deferred adjudication is complicated. Even in cases in which it might be a viable alternative, some prosecutors are hesitant to offer it to defendants. Professional legal counsel can make a difference. Indeed, a top Texas criminal defense attorney plays an indispensable role in this process. With deep knowledge of the state's legal intricacies, your lawyer will ensure that your rights are protected and that any potential deferred adjudication arrangement protects your best interests. 

Be Proactive: Consult With a Texas Defense Attorney as Soon as Possible in Your Case

Taking swift action is paramount in any legal situation—especially if you are facing a criminal charge in Texas. The sooner you speak to an experienced Texas criminal defense lawyer, the better position you will be in to get justice. Early intervention allows your attorney ample time to assess the merits of your case, investigate the charges, gather evidence, and strategize all potential defense options, including alternatives to trial such as: 

• Fighting to get the case dismissed; 
• Negotiating a plea agreement; or
• Secure deferred adjudication. 

You do not have to take on the legal process alone. Our Richardson, TX, criminal defense attorney goes above and beyond to ensure that we provide legal representation that is narrowly tailored to meet the best interests of our clients. 

Contact Our Richardson, TX, Criminal Defense Lawyer Today

At JBABB Law, our Richardson criminal defense attorney provides justice-driven legal representation that people and families can count on. If you or your loved one was arrested and charged with a crime, we are here to help you evaluate all of the alternative options. Give us a phone call now or contact us online to arrange your confidential consultation. From our Richardson office, we serve communities in Dallas County, Collin County, and throughout North Texas.