How To Beat A Criminal Threats Charge In Los Angeles
If you're charged with criminal threats in Los Angeles County, you will want to devise a game plan for what you can do to win your case. This starts first and foremost with having a defense to your case. Defenses can range from saying that it's not me. I'm not the one who allegedly threatened this person. The person's lying about it. I didn't have the intent to intimidate them.
Various defenses can take shape in a criminal threat case. The case centers around the facts and circumstances of what happened. These types of cases are often related to a domestic violence incident.
A lot of times, what I see in these criminal threat cases—or terrorist threats as they used to be called—is that the party claiming they've been threatened has done something wrong or unlawful to my client.
Then, when my client responds to what they did, advocate for themselves, and challenge the person, the person will now use the police, the prosecutors, and the court system as a shield to defend their bad behavior.
So, to defend the case often, we need to get my client's version across to the other side. The police usually only give some of the information related to the case and only give a one-sided story. Now, we have a situation where the prosecutors only look at part of the picture and don't have everything.
So, once we develop a defense that makes sense and can win the case, we have to present that defense to the prosecution or the judge. The next ingredient necessary to win your case in a criminal threat—Penal Code 422 PC case—is to have an attorney who can execute the plan to win the case.
So, it would be best to have an experienced attorney local to the court system in which your case is pending who knows the players in that system, the jury pool, and how to maneuver a case in that system.
Also, you have to have an attorney knowledgeable on criminal threats who has dealt with these cases before and has had success. In other words, an attorney who's been down the path you're about to travel and had success.
This is crucial to get the desired result in a criminal threat case. Your attorney will be instrumental in developing a defense strategy that makes sense and can win the case. They will analyze the evidence, advise you on the best course of action, and represent you in court, ensuring your rights are protected throughout the legal process.
How do you Realistically Define a Win in a Criminal Threat Case?
Most people, when it comes to winning their case in a criminal defense setting, think about getting a not guilty verdict in front of a jury, having the prosecutor dismiss the case after their attorney does the investigation and talks to them, or even not filing the case at all once a reasonable inquiry is done.
Unfortunately, your side of the story is presented, though this is not the norm regarding criminal defense.
When the prosecutors file these cases, they think they can win. They don't file a case unless they believe they've got evidence on it because if they do file a case that they don't have evidence for, they're going to get beat, they're going to get embarrassed, and they're going to waste taxpayer money.
They don't like to do that, so they typically have some evidence when filing a criminal threats case.
So, you have to define realistically what a win is for you. In other words, if they have the evidence – for example, they've got you on tape threatening to kill somebody – you've got a problem. Now, you can't come up with a defense to that.
When they have it on tape, you can't, and you've met all the elements of the criminal defense jury's instruction. In such cases, we need to redefine what a 'win' means. It could mean negotiating a plea deal for a lesser charge or a reduced sentence. This process involves your attorney discussing with the prosecutor to reach an agreement that is more favorable to you, given the evidence against you.
Now, you have to devise a different game plan and figure out a realistic win for me under these circumstances.
Reviewing Your Case to Obtain the Best Possible Outcome
That's where your responsibility comes in. You have to be honest with your attorney, give them all the information, and not put a spin on things. Your attorney is your advocate, and they need all the facts to represent you best. Give them everything and let them help you decide on a realistic result.
Often, I sit down with my clients in these criminal threat cases and say, listen, here's what they've got; here's what you're telling me they have.
I've seen the evidence. What can we do here? Based on your circumstances, what do you want realistically?
Once they tell me and we talk about it, I tell them whether that's realistic, we come up with a game plan, and I tell them what they can do to help me and what I'm going to do to help them. I am committed to your best interest and will work tirelessly to achieve the best possible outcome.
This clear plan of action provides a sense of guidance and support. Contact our criminal defense lawyers to review your case.
Often, this gives them peace of mind because now they have structure, they start to get some control back in their criminal case, and they know what they can do to help. Understanding the legal process can be empowering, and we will guide you every step of the way.
They know what they're looking at, and then we put the plan in motion to get the result or the goal we both agreed upon.
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