Major Factors that can Influence criminal Offense Proceedings and Outcomes
Criminal proceedings involve trying suspected offenders after reporting and investigating a criminal offense by the appropriate authority. These major factors can influence and determine the outcome of your case If you are convicted and facing trial.
1. Your Criminal Offense History
The chances of your charges dropping increase if you do not have prior offenses. The Prosecutor can be less forgiven if your record is worse. Additionally, recidivist criminals face harsher punishments for several offenses. Therefore, a guilty recidivist will be punished more than a first-time offender.
2. The Facts of your Case
The State handles criminal cases in a particular way, affecting how an offender can be guilty of the charged crime. These factors include the number, availability, and credibility of witnesses testifying against an offender, photographic or video evidence, and any admission made. The outcome of your case will also depend on how the State obtained this evidence and how well they can use it against you.
3. The Prosecutor Assigned to your Criminal Case
Some prosecutors are more forgiving than others, depending on their caseload, philosophy, and personality. Others don’t want to give an inch, regardless of the case, while some people want to settle as many cases as possible without a trial. The Prosecutor, not the Judge, is ultimately in charge of filing charges in your case. This means that the Prosecutor must reduce or dismiss your case (apart from situations when witnesses fail to show up for trial).
4. The Judge Assigned to your case
The way judges schedule their cases, the usual sentences they give for certain offenses, and what the prosecution is ready to offer in plea bargaining might impact your case. Prosecutors often give what they believe the Judge will approve since a judge is not compelled to accept the terms of a plea agreement reached between them and the defense lawyer.
5. Your Attorney
Your case’s investigation, negotiation, and presentation during trial can all impact the outcome. If the matter proceeds to a jury trial, your attorney’s repport with you, the Prosecutor, the Judge, and the jury will affect your case.
