Why Two People Charged with the Same Crime Can Have Very Different Outcome
On paper, the criminal justice system is designed to provide a fair trail for everyone who is accused of a crime in the United States. In practice, however, the justice system does not treat everyone the same, even two people who are charged with the exact same crime. There are many reasons for these discrepancies, but having an experienced criminal defense attorney on your case can ensure that your rights are upheld throughout your trial and that your voice is heard.
Criminal History
While a judge may bar the prosecution from citing prior criminal convictions as evidence of your guilt for a separate crime, your criminal history can be taken into account when determining bond, negotiating plea agreements, and sentencing upon a guilty verdict.
Judge’s Influence
Judges have unique philosophies and courtroom procedures, which can significantly affect the outcome of a case. For example, a judge may use a specific case to set an example with a severe sentence on the higher end of established sentencing limits. Alternatively, one judge may be swayed by mitigating factors while another may not. Judges also have final say over whether certain types of evidence are admissible during a trial and how the prosecution and criminal lawyers are allowed to present their cases in court.
Investigation Process
There are very specific procedures that must be followed during a criminal investigation. Failure to follow protocols could result in evidence being thrown out, which could significantly alter the results of a case. One reason it is so important to hire a skilled defense attorney is because they will be able to assess how an investigation was conducted and whether there were any potential errors that could impact your case.
Plea Deals
Your attorney may recommend a plea bargain in which you accept a lesser charge, which will carry a lighter sentence. Plea bargains free up resources within the court system and allow police to close cases more quickly, so they are often favorable for everyone involved. If you do not take a plea bargain and are found guilty at trial, any reduced sentence offered with the plea bargain will be off the table, and you will likely face a more significant conviction and greater penalties.
Case Details
Even if two cases look the same on the surface, there may be many details that make them unique. For example, there may be mitigating factors like mental health or addiction issues that lead to the commission of a crime. Alternatively, there may be aggravating factors like association with a gang or organized crime. These details can dramatically impact the outcome of a case and tailor punishment to the unique circumstances of the situation.
Whether the charge is embezzlement, drug possession, or robbery, you need an experienced defense attorney on your side to protect your rights when you are charged with a crime. Janet Altschuler is a trusted criminal defense lawyer in Tucson with decades of experience as both a defender and prosecutor. Do not hesitate to reach out to our office to discuss your case. Call today to get started.