How to Outsmart the Government when you Know They Do Not Have a Case
Do not Plead GuiltyInitially when you meet the prosecutor, he or she might make you an offer to plead to a particular charge and agree to a penalty. If you think the prosecutor has a strong case against you, then it is advisable to consider an offer. However, in most cases, the prosecutor probably does not know yet if he or she has a strong case. In the initial stages of the case, the prosecutor probably has not spoken to his or her witnesses. Once the case is set for trial, then the prosecutor begins to prepare the case. Since prosecutors have large amounts of cases, many cases may be set for jury trial on the same day. Usually only one jury trial can go to trial a day. If you think the prosecutor does not have a case, then set the case for jury trial. Make sure you order discovery from the prosecution office and subpoena any witnesses you want to testify on your behalf.
Call Ready for TrialOn the trial date, the prosecutor will likely make you an offer to plead. Find out from the prosecutor what witnesses are there to testify against you. Make sure those witnesses are available. If the prosecutor does not have the witnesses, then the case might be dismissed. If you believe the prosecutor has the witnesses and can prove the case against you, then consider plea bargaining. If you want to take your chances at trial, then try the case. If the prosecutor really does not want to go to trial, then you may get a better deal than expected.
Pushing the case to the trial date can be beneficial or detrimental. You are taking a chance. However, if you believe the prosecutor does not have a case and he or she refuses to dismiss the case, then your best chance may be to have neutral parties decide your guilt or innocence.