Strategies To Avoid Prosecution
If you have been accused of a crime, chances are you are in a real panic. The criminal justice system is difficult to untangle and applying YOUR specific facts to legal doctrine can be overwhelming. Depending on the nature of the accusation, however, there may be ways to avoid prosecution – that is, avoid arrest and charging.
Standard of Proof
The United States Constitution confers upon those accused of a crime the benefit of having to be proven guilty BEYOND A REASONABLE DOUBT. This allows us to contact the District Attorney prior to a charging decision and provide them a detailed analysis of the law and unique facts in an effort to convince him or her that it will be impossible to meet this burden. Often, this “trial before a formal charge” can avoid embarrassment and costly litigation. For example, investigators may not be aware that there exists an alibi witness or other evidence that will make it hard for District Attorney to meet the burden of proof or witness problems
Your attorney can present evidence that while you had committed some of the acts alleged, you did so in self defense.
California Penal code section 1377 and 1378 allow those accused of financial crimes to present evidence that while the offense was committed, the defendant had made the victim whole and no longer desires prosecution.
Interest of Justice
In some instances, an attorney can convince a District Attorney that while an offense has occurred, it was justified or mitigated so strongly that formal prosecution is not in the interest of justice.