Facing criminal charges in Tennessee can be an overwhelming and stressful experience. A conviction can have severe consequences, including fines, jail time, and a permanent criminal record that affects future opportunities. However, being charged with a crime does not necessarily mean you will be convicted.
With the help of an experienced Nashville criminal defense lawyer, you may be able to have your criminal charges reduced or dismissed, helping you avoid the harshest penalties and protecting your future. Byron Pugh Legal provides dedicated and aggressive representation for clients in Tennessee. Contact us today for a free consultation.
What Does Having Criminal Charges Reduced Mean?
When criminal charges are reduced, the severity of the offense is decreased, which can lead to lesser penalties. This often involves a felony charge being downgraded to a misdemeanor or a more serious misdemeanor being reduced to a lesser one. For example, an aggravated assault charge might be reduced to a simple assault charge, or a DUI could be reduced to reckless driving. A reduction in charges can make a significant difference in sentencing, fines, and the long-term impact on your record.
A charge reduction may also affect eligibility for expungement, meaning that a lesser charge could be more easily removed from your record. Additionally, a reduced charge may carry fewer social and professional consequences, making it easier to secure employment, housing, and other opportunities after the case is resolved.
How Do Lawyers Get Criminal Charges Reduced?
A skilled criminal defense attorney in Nashville can use various strategies to get criminal charges reduced.
Plea Bargaining
One of the most effective ways to reduce charges is plea bargaining. In plea negotiations, your attorney works with the prosecution to secure a lesser charge in exchange for a guilty plea. This can be beneficial in cases where the evidence against you is strong.
By agreeing to a plea deal, you may avoid the risk of a harsher sentence that could result from a trial. In some situations, attorneys can negotiate alternative sentencing options, such as probation or community service, instead of jail time.
Challenging Evidence
Another way to have criminal charges reduced is by challenging the evidence presented by the prosecution. If your attorney can demonstrate the evidence against you is weak, the prosecutor may offer a lesser charge rather than risk losing the case at trial.
Mitigating Circumstances
Additionally, if there are mitigating circumstances—such as lack of prior offenses, cooperation with law enforcement, or evidence that the alleged crime was not intentional—your lawyer may use these factors to negotiate a reduction in charges.
What Happens When Criminal Charges Are Dropped?
Having charges dropped is different from having them reduced. When charges are dropped, the prosecutor has decided not to pursue the case against you. This can happen for various reasons, including insufficient evidence, procedural errors, or the unavailability of key witnesses. If charges are dropped, you will not face trial, and the case will not result in a conviction.
In some cases, charges may be dropped before a formal indictment is issued, while in others, they may be dismissed later in the legal process. Once charges are dropped, you may be eligible to have the arrest and charges expunged from your record, depending on the circumstances.
How Do Defense Lawyers Have Charges Dismissed?
A Nashville criminal defense lawyer can take several steps to fight for the dismissal of charges.
Suppressing Evidence
One of the most effective ways to achieve a dismissal is by filing pretrial motions that challenge the validity of the prosecution’s case. For example, if evidence was obtained illegally—such as through an unlawful search or seizure—your attorney can file a motion to suppress that evidence. If crucial evidence is thrown out, the prosecution may not have enough left to proceed with the case, leading to a dismissal.
Challenging Witness Credibility
Another common defense strategy involves questioning the credibility of witnesses. If a key witness is unreliable, changes their story, or has a history of dishonesty, your attorney may be able to convince the prosecution to drop the charges.
Proving Misconduct by Police
If law enforcement officers don’t follow proper procedures—such as failing to read your Miranda rights or conducting an improper arrest—this could also be grounds for dismissal.
Undermining the Case Against Against You
Your attorney may also present evidence that proves your innocence or creates reasonable doubt about your guilt. This could include alibi evidence, security footage, or forensic reports that contradict the prosecution’s claims. If the prosecution sees that their case is weak, they may decide that pursuing charges is not worth the risk of losing at trial.
Diversion Programs
In Tennessee, diversion programs may allow some individuals to have criminal charges dismissed. There are two main types of diversions: pretrial diversion and judicial diversion.
In pretrial diversion, eligible defendants enter an agreement with the District Attorney. This agreement outlines specific conditions the defendant must meet. If these conditions are successfully fulfilled, the charges can be dismissed and potentially expunged from the defendant’s record. Pretrial diversion is generally available for less serious offenses and does not require a guilty plea.
In judicial diversion, the defendant pleads guilty to the charges, and the court suspends entering the judgment. The defendant is then placed on probation with certain conditions. If the probationary period is completed successfully, the charges are dismissed, and the defendant can seek expungement. However, if the conditions are not met, the guilty plea is entered, and the sentence is imposed.
Why You Need a Skilled Nashville Criminal Defense Lawyer
When facing criminal charges, having a knowledgeable and experienced defense attorney is crucial. The legal system is complex, and prosecutors are often aggressive in seeking convictions. A skilled attorney provides several key benefits in your case.
Building a Strong Defense Case
A successful defense starts with a thorough investigation of the charges against you. Your attorney will review police reports, witness statements, surveillance footage, and forensic evidence to identify weaknesses in the prosecution’s case. They will also gather evidence that supports your innocence or mitigates your responsibility for the alleged crime.
Protecting Your Rights
Throughout the legal process, your attorney protects your constitutional rights. This includes preventing unlawful searches and seizures, ensuring that interrogations are conducted properly, and challenging any violations of due process. Without an attorney, you may not be aware of when your rights have been infringed upon, making it easier for prosecutors to build a case against you.
Negotiating Plea Deals
In some situations, negotiating a plea deal is the best option for minimizing penalties. A skilled defense lawyer will negotiate with prosecutors to secure a deal that benefits you, whether by reducing charges, lowering fines, or avoiding jail time in exchange for probation or community service. Without an attorney, you may be pressured into accepting a deal that is not in your best interest.
Trial Representation
If your case proceeds to trial, having a strong legal advocate is essential. A defense attorney will present compelling arguments, cross-examine witnesses, challenge evidence, and work to create reasonable doubt in the minds of the jurors. They will use their knowledge of Tennessee criminal law and courtroom procedures to give you the best chance at an acquittal or favorable verdict.
Contact Byron Pugh Legal for a Free Consultation
If you are facing criminal charges in Tennessee, you need an experienced Nashville criminal defense lawyer. Whether working to get your criminal charges reduced or dismissed, an attorney can make all the difference in protecting your rights, your freedom, and your future. At Byron Pugh Legal, we are committed to providing aggressive, strategic defense representation.
Contact us today for a free consultation by calling 615-255-9595 or filling out our online form. Discuss your case with us and learn how we can help fight for the best possible outcome.
