Have the police called you to come in for questioning? Have you received a letter from the police, or has criminal prosecution already been initiated against you? Or perhaps you have received a summons for a main court hearing? If you find yourself in any of these situations and are aware of your guilt, it is advisable to focus on how to obtain the lowest possible sentence. An experienced attorney will help you establish a strategy to achieve this goal, represent you in the proceedings, and set up a comprehensive defense. They will negotiate with the prosecutor and the victim on your behalf and communicate with the police.
TASKS OF AN ATTORNEY – DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS
The fundamental goal of a defense attorney is to PROVE THE INNOCENCE OF THE ACCUSED. Therefore, they seek evidence in the client’s favor, contest and refute evidence against them, ask appropriate questions to witnesses and victims, and utilize their expert knowledge of the law and judicial precedents.
In some cases, the evidence against the accused is difficult to challenge, which is why the defense attorney strives to ensure that the outcome of the criminal proceedings is at least as lenient as possible. This means the attorney’s task is to SECURE A CONVICTION FOR A LESS SERIOUS OFFENSE and a LOWER SENTENCE.
ASSISTANCE TOWARDS A LIGHTER SENTENCE – MITIGATING CIRCUMSTANCES
Mitigating circumstances are listed in Section 41 of the Criminal Code. However, this list is not exhaustive; the court may recognize other facts as mitigating circumstances. If any mitigating circumstances apply to your case, it will certainly lead to a lower sentence than you would otherwise face. For example:
- admission of guilt
- sincere remorse
- a previously law-abiding life
- assistance in clarifying the criminal activity
- voluntary compensation for damages caused
- committing a crime at an age close to that of a juvenile
ASSISTANCE TOWARDS A LIGHTER SENTENCE – REHABILITATION OF THE OFFENDER
It is beneficial to show the court that rehabilitation of the offender occurred after the crime was committed. This means they have since led a law-abiding life, worked, cared for their family, apologized to the victim, paid damages, or performed community service.
ASSISTANCE TOWARDS A LIGHTER SENTENCE – CONCLUDING AGREEMENTS
Utilizing so-called diversions—alternative methods of concluding criminal proceedings that are more lenient for the accused—can also help. Through tools such as a settlement agreement or a plea bargain with the prosecutor and the victim, it is possible to agree in advance on conditions under which the resulting sentence will be significantly lower than in a standard conviction. Furthermore, this makes the proceedings shorter, allowing you to put the matter behind you sooner.
CHOOSE AN ATTORNEY – DEFENSE COUNSEL AS SOON AS POSSIBLE
Criminal proceedings consist of several consecutive stages. For the best development of a client’s case and to obtain the lowest possible sentence, it is necessary for the defense attorney to be involved from the very beginning. In cases where an attorney joins the defense at a later stage, it may no longer be possible to help the client fully, and they may only be able to mitigate the impacts.
MATĚNA LAW FIRM HELPS CLIENTS IN DIFFICULT TIMES
Law Firm of JUDr. Marek Matěna Our firm in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín has long specialized in criminal law. Therefore, if you are dealing with a police interview, facing a main hearing, have received a penalty statement, or are conversely a victim of a crime or have another legal problem, do not hesitate to contact us. Our law firm will attend to you immediately and assist you with everything.
