What to Expect When You're Arrested (in San Antonio)

Want Your Case Dismissed? Don't Accept a Plea

Sean Henricksen Law Firm Season 2 Episode 7

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If you're being charged with a crime, there are three ways your case can end: dismissal, trial, or a plea. If you accept a plea, your case will not be dismissed. This sounds simple, but it's something most people don't think of when they're deciding whether or not to accept a plea. Most cases that get dismissed are dismissed later in the case. Once the state is preparing for trial on a case, there are certain problems that may come up that were not clear just from reading the police report. Obviously, not every case is going to get dismissed. If you want your case dismissed (everyone does) to think about the reason you want your case dismissed and how badly you want it dismissed. Are you willing to take your case to trial if the state doesn't dismiss your case?

If you have any questions about this video, or if you're being charged with a crime in San Antonio, feel free to call me at 210-405-6410 or click the link below to schedule a free consultation:
https://seanhenricksen.com/schedule-consultation/


We also have a free download for you: 4 Things You Should Do Right Now If You've Been Arrested:
https://bit.ly/2Xjj9Eh

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Sean Henricksen Law Firm

sean@seanhenricksen.com

210-405-6410

106 S. St. Mary's St., Ste 445

San Antonio, Texas 78205

www.seanhenricksen.com

Welcome And New Year

SPEAKER_00

Hi, and welcome to a new episode of What to Expect When You're Arrested. This is your host, Sean Hendrickson. I'm an attorney here at the Sean Hendrickson Law Firm where we help good people like you avoid the devastating consequences of criminal charges. And first thing that I want to do is I do want to wish you a happy new year. I hope that this year it goes great for you and that you have an even better year this year than you did last year. What we're going to be talking about during this episode is not accepting a plea agreement if you want your case dismissed. Before we get into that, I do have a free download for you. It's five things that you should do right now if you've been arrested. If you click down in the show notes below, there's a link on there and we can send that right out to you. Also, before we get into it, if you are being charged with a crime here in San Antonio, please schedule a free consultation with me. There's a link for that down in the show notes also. We can go over your case, let you know how we may be able to help you out and answer any questions that you may have about your case. I know it sounds obvious and a little bit stupid, but ultimately if you accept a deal or some sort of plea agreement on your case, then your case isn't going to get dismissed. The reason that I mentioned that is because there's three things that can happen in your case when the state is determining if you're guilty or not guilty of whatever you're being accused of. The case could go to trial, your case could be dismissed, or you could accept a plea agreement from the state. Any one of those things is going to end your case, or at least going to end the determination about whether you're guilty or not guilty. Whether your case goes away or you end up with a conviction on your case. If you show up to court and let's say it's your first court date, if the state makes an offer for you and you're trying to decide what you want to have happen, just know that if you accept that plea agreement on that date, the case isn't going to go away. Whatever that agreement is, that's what you're going to be stuck with if you accept it on that date. Most people, when they come in and talk with me, they tell me that they want their case dismissed when I ask them what they want to have happen on their case. They would love for everything to just go away. For them not to have to be on probation or pay fines or fees or do jail time or anything like that. That's what I want to have happen for my clients, also. What you should know is that most dismissals come later on in the case. A lot of prosecutors, or at least the prosecutors that I deal with, are not very likely to dismiss cases early on. Sometimes it happens and it's great when it does, but it's much more common for cases to get dismissed when it's closer to trial. The state normally has looked at their file more. They may realize they aren't able to prove the case because they can't get a witness to come in. They may have problems with an officer. There could be all sorts of problems that could end up coming up when a case starts getting prepared for trial. And a lot of those problems could lead to your case getting dismissed. Ultimately, if you're being charged with anything, I'm sure you would like for your case to get dismissed. But what you have to think about is why do you want your case to be dismissed? Do you want to be able to clean up your record later on? Do you want it dismissed because you're innocent? What's the reason that you're looking for your case dismissed and what do you want your long-term goal to be? Why do you want that to be dismissed? When you do receive an offer on your case, does that offer get you to where you want your case to be? Or is it worth taking the risk of not accepting that offer, pushing your case to trial in hopes your case does ultimately get dismissed? Now, obviously, not all cases are going to get dismissed. A lot of cases, the state is going to have a strong case against you, and they're going to be able to prove everything up in trial. But there are some times when even if it looks like a case may be strong against you, it may still get dismissed. Even I'm surprised sometimes when some cases get dismissed. Ultimately, you need to have a conversation with your attorney about what your goals are in your case, the reason you want those goals, and the reason that you want your case dismissed, and what the likelihood, what what would it take for that case to get dismissed? I hope that this was helpful for you. And if you have any questions about your case or what happens if a case does get dismissed or doesn't get dismissed, or if you're being charged with a crime here in San Antonio, please feel free, give me a call at 210-405-6410, or you can use that link down in the show notes, schedule a free consultation with me. I'd love to answer your questions, you know, discuss your case with you, and let you know how we may be able to help you out. I hope you have a great day and I hope that you have a happy new year.