Perhaps the most famous part of any criminal case is the trial. Some trials are high-profile news stories that are broadcast live. However, in arguably most cases, there is no trial, and criminal matters are resolved without one.
Although criminal defendants have a right to a trial, they do not have to have one if other legal options are available. Criminal courts often employ various diversion programs that help defendants resolve their cases outside the courtroom. Other defendants might choose to accept a plea deal that allows them to totally avoid a trial. Still, other options might be available for you, and you should discuss them with your attorney.
Ask our NJ criminal defense attorneys for a free, confidential legal evaluation when you call us at the Law Offices of John J. Zarych at (609) 616-4956.
Ending a Criminal Case Through Pretrial Motions
In nearly all criminal cases, defendants and their attorneys can present pretrial motions. These motions can be used to steer the case through the courts and possibly end it before a trial even begins.
Motions to Dismiss for a Lack of Evidence
A major phase of a criminal case is discovery, during which the prosecutor must share their evidence with the defense. This allows the defense to build the strongest possible case and prevents prosecutors from launching a surprise attack in the courtroom.
Defense attorneys may review discovery packages and realize there is insufficient evidence for the prosecutor to meet the burden of proof. At that point, the defense attorney should file a pretrial motion to dismiss the case for a lack of evidence.
Motions About Violations of Your Rights
Criminal defendants have various rights throughout the duration of their case. Some of these rights are so important that a violation could result in dismissal of the case.
Perhaps the most common example is a Fourth Amendment violation. If the police seized evidence illegally, it should be excluded from the trial. If the evidence is key to the prosecutor’s case, or too much evidence is excluded, the entire case may fall apart, and our Ocean City, NJ criminal defense lawyers can motion for dismissal.
Due process violations may also lead to a dismissal of a case. For example, if a prosecutor fails to turn over evidence during the discovery phase, a judge may be persuaded to dismiss the case. Withholding evidence is an enormous violation and a serious ethical concern.
Motions About Jurisdiction
Some alleged crimes are complicated, and it may be unclear which court has jurisdiction over the case. If your criminal case is heard in the wrong court, we can raise jurisdictional issues in the hope of having the case dismissed. If a court lacks jurisdiction over a case, it has no legal authority to conduct a trial.
Prosecutors may choose to refile the case in the correct court. However, this does not always happen. If the case is relatively minor, prosecutors might just cut their losses and choose not to refile.
Avoiding a Trial by Accepting a Plea Agreement in NJ
One of the most common ways to resolve a criminal case without a trial is to negotiate a plea agreement with the prosecutor.
When to Accept a Plea Agreement
A defendant can accept a plea agreement at almost any time before a verdict is rendered. Most plea agreements are worked out ahead of time, sometimes shortly after the case officially begins.
Plea agreements, also called plea bargains or plea deals, are one of the most common means of resolving criminal cases. Most people who accept a plea agreement waive their right to a trial and proceed directly to sentencing for the charges to which they have pleaded guilty.
How to Negotiate a Plea Agreement
Prosecutors have discretion to offer a plea deal, but you do not have to accept one. You can turn down a plea offer and try to negotiate for something better. You might be open to a plea deal, but only the prosecutor is willing to reduce the charges a little further.
Always discuss plea agreement options with your attorney before accepting or rejecting anything.
What Happens if You Cannot Reach a Plea Agreement?
Prosecutors do not have to offer plea agreements, and they sometimes withhold plea offers in especially serious or violent cases. As such, not everyone even has the option to accept or negotiate a plea deal.
If a plea agreement cannot be reached for any reason, your attorney should continue to help you fight the charges. As discussed above, they can file pretrial motions to hopefully have charges dismissed or prevent evidence from being used against you.
Resolving a Criminal Case Through Pretrial Diversion
It may also be possible to resolve a criminal case and avoid a trial by taking advantage of certain diversion programs in New Jersey.
Pretrial Intervention
The Pretrial Intervention Program (PTI) is designed for adult and juvenile first-time offenders charged with nonviolent, indictable crimes. Defendants may enter the program and receive access to counseling, rehabilitation, and regular check-ins with law enforcement.
If you complete the program, your charges may be dismissed. This keeps your records clean, and you do not have to go through a full trial.
Conditional Dismissal
Another possibility is to enter a conditional dismissal program. These programs are designed for first-time offenders facing disorderly persons offenses rather than indictable crimes.
When entering the program, defendants may be placed on probation, and the judge overseeing their case withholds the final judgment until probation is completed. If you complete the program and abide by all your probation requirements, the judge may dismiss the charges.
Conditional Discharge
Conditional discharge programs are similar to conditional dismissal programs. The main difference is that conditional discharge programs are available to defendants facing low-level drug charges.
Again, defendants may be placed on probation and, if they complete probation while abiding by all the court’s conditions or requirements, their charges may be dismissed.
FAQs About Resolving Criminal Cases without Having Trials in NJ
Do You Have to Have a Trial in a NJ Criminal Case?
No. Criminal defendants have the right to a trial, and you can assert this right if you really want one. However, many cases are resolved without trials. You may accept a plea agreement or have your charges dismissed through a diversion program.
How Can Diversion Programs Help Resolve Criminal Cases Without a Trial?
Diversion programs are operated by each county in New Jersey, and you can apply for certain programs in your county. In many cases, if a defendant completes a diversion program while abiding by all conditions and requirements imposed by the court, their charges may be dismissed without the need for a full trial.
Can You Avoid a Trial by Accepting a Plea Agreement in a Criminal Case?
Yes. Generally, a plea agreement involves a defendant pleading guilty to charges reduced by prosecutors. This usually helps defendants avoid harsher penalties while alleviating the prosecutor’s caseload. When you accept a plea deal, you waive your right to a trial.
What is the Best Way to Avoid a Trial in a Criminal Case?
The best way to avoid a trial will vary from case to case. If you are a first-time offender, you may be eligible for diversion programs that can help you get your charges totally dismissed without a trial. Otherwise, a plea deal may be helpful, or you can assert your right to a trial.
Ask Out NJ Criminal Defense Lawyers About How to Fight Your Charges
Ask our Haddonfield, NJ criminal defense attorneys for a free, confidential legal evaluation when you call us at the Law Offices of John J. Zarych at (609) 616-4956.
