Though COVID-19 cases are largely trending in the right direction, there is still plenty of chaos in the Texas criminal justice system. As a result of switching to virtual court and ultimately preserving defendants’ Constitutional rights to jury trials, there exists a sizable backlog of criminal cases that have yet to move forward. While many types of court hearings have been handled efficiently in virtual settings, that has not been the case for criminal defendants, who have waited in near-agony for their day in court.
The Law Offices of Charles A. Banker, III understands the immense difficulty in having your criminal trial delayed. Texas courts have had the tall task of protecting the rights of defendants and the public’s health. This balancing act has missed the mark at various points in the pandemic, but we’re here to report that criminal defendants may have something to gain from the many delays.
The State Has the Burden of Proof
No matter when your trial will start, there is at least one constant: the prosecution has the burden of proof. The other side must prove, beyond a reasonable doubt, that you are guilty of that which you are accused. To do that, the prosecution must present evidence to the jury; this can come in the form of witness testimony and sworn statements. Because humans are not perfect creatures, our memories fade with time. If investigators were delayed in interviewing potential witnesses to your alleged crimes, you might have an advantage before getting to court. Remember: while law enforcement has a duty to preserve evidence, private citizens do not.
The Prosecution Might Be More Willing to Cut a Deal
Even before the COVID-19 pandemic, the vast majority of criminal cases never went to trial. For the sake of time and preserving resources, the state is often motivated to allow defendants to take plea bargains. With a huge backlog of cases and inefficient methods to chip away at them, prosecutors are more willing than ever to settle criminal cases outside of court. There are countless factors you should weigh before accepting a plea bargain from the prosecution. Ultimately, an accomplished attorney is your best friend when it comes to determining whether you should take that deal with the state.
Your Attorney Can Put You in the Best Possible Position
Regardless of where you are with your criminal case or what you’ve been charged with, hiring a quality attorney should be your first order of business. Attorney Charles A. Banker, III has decades of experience helping Texans beat a wide range of serious criminal charges. In other situations, Attorney Banker has advised clients on pleading to reduced charges and presented mitigating circumstances to help defendants lighter sentences. Everyone makes mistakes, and we believe in second chances. Call our firm at (713) 227-4100 to set up a free initial consultation today.
The Law Offices of Charles A. Banker, III
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