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Criminal Defense Lawyer Montgomery County

Criminal Defense Lawyer Montgomery County

There is no such thing as a minor surgery if you are the one going under the knife. Similarly, there is no such thing as a minor matter if you are the one facing criminal charges. Both felonies and misdemeanors have severe direct and collateral consequences. Plea bargains resolve most of these cases, but unless you have a good Montgomery County criminal defense lawyer, there is no way to know if the proposal is worth accepting.

The dedicated professionals at the Comunale Law Office take your case as seriously as you do. We never assign your matter to an inexperienced associate lawyer or a paralegal. During the pretrial process, we never take shortcuts. We diligently investigate the facts and research the law, so we are well-prepared for a trial and for pretrial negotiations. Finally, we never automatically accept the state’s plea bargain offer. Instead, we only recommend such action if it is clearly in your best interests.

The Importance of Jail Release

Prompt jail release jumpstarts a successful criminal defense. After just a few hours of confinement, elevated stress hormone levels often cause a brain injury. Incarcerated individuals cannot think clearly. If you ever heard someone say that a person was not the same after s/he got out of jail, that is probably because of a brain injury.

Sometimes, immediate jail release is possible. But if a magistrate refuses to set bail or the set amount is too high, a Montgomery County criminal defense attorney can advocate for the defendant at a bail reduction hearing. Some issues at this hearing include:

  • The severity of the offense,
  • Amount of money the defendant can pay,
  • Defendant’s contacts with the community,
  • Flight risk, and
  • Amount of evidence against the defendant.

Once the defendant is out of jail, the stress hormone level immediately goes down. Moreover, these people are free to work, spend time with their families, and participate in their own defenses.

The Burden of Proof in Court

Typically, criminal cases come down to evidence. Prosecutors must establish guilt beyond a reasonable doubt. In practical terms, that means there must be an overwhelming amount of evidence against the defendant.

Some people may remember the 1990s O.J. Simpson double-murder saga. A criminal jury acquitted Simpson. Then, a civil jury heard basically the same evidence and reached the opposite result. There was simply not enough evidence to convict Simpson of a crime. The burden of proof in civil court is only a preponderance of the proof (more likely than not). That is a much lower standard of evidence.

Since evidence is important, discovery is important as well. However, Montgomery County criminal defense attorneys only have limited discovery opportunities in many cases. So, they must make the most of them.

Not all cases come down to evidence. There are often procedural legal issues, as well. For example, officers may not have a valid search warrant. Or, they may not have Mirandized the defendant prior to taking a statement.

Resolving a Montgomery County Criminal Case

As mentioned, out-of-court settlements resolve most criminal cases. That is also true in civil court. Frequently, criminal plea bargains involve pretrial diversion or deferred disposition. These resolutions do not leave the defendant with a criminal record.

Aggressive Montgomery County criminal defense attorneys are more likely to obtain highly favorable settlements. If the prosecutor is not afraid of the defense lawyer, the prosecutor normally tries to sell the case short.

A lawyer’s job does not stop after the judge’s gavel falls. Post-conviction relief, such as appeal and expungement, might be available.

Contact a Hard-Hitting Attorney

Just like in most other areas of life, hard work usually means success in criminal defense matters. For a free consultation with an experienced criminal defense lawyer in Dayton, contact the Comunale Law Office. Convenient payment plans are available.

Other Areas Of Practice

Personal Injury

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Our personal injury lawyers at Comunale Law Office have litigated for their clients that have suffered from injuries from vehicle accidents, hazardous products, medical malpractice and dangerous job conditions successfully gaining compensation for any losses.

Criminal Defense

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If you have been charged with a crime in the Dayton area, you need an experienced criminal defense attorney on your side. The attorneys at Comunale Law Office fight to defend the rights of our clients. We have built our reputation on getting results.

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