From eight years in prison to community service: How effective defence changes lives
The work of a defence attorney lies in the ability to accurately assess a situation, identify key weaknesses in the charges, and secure the best possible solution for the client—whether through a robust defence, a favourable agreement, or a combination of both. One of our recent cases is a practical example of how this approach can significantly change the outlook for an accused individual.
The beginning of the defence: Thorough preparation and case analysis
Our client contacted us after being charged with two criminal offences. One was classified in the resolution to initiate criminal proceedings as intentional, carrying a potential sentence of up to eight years in prison and disqualification. The other was deemed negligent, though this did not diminish the overall severity of the situation. The client was concerned not only about the possibility of imprisonment but also about the disqualification, which would have seriously hindered his professional life, even if he avoided prison.
The first step was attending the initial interrogation together, where we laid the foundation for the defence. Subsequently, we obtained the complete case file and examined it in detail. This analysis was crucial—it enabled us to identify weaknesses in the charges and formulate specific objections, which we included in the complaint against the resolution to initiate criminal proceedings.
Negotiation and reclassification of the charges
Following the submission of the complaint, negotiations took place with the prosecutor. This process required solid arguments based on factual and legal deficiencies in the charges. As a result, the prosecutor accepted some of our objections and agreed to reclassify the more serious of the two offences.
This shift from intentional to negligent conduct had a profound impact—it significantly reduced the sentencing range and downgraded the offence from a "crime" to a mere "misdemeanour." This change opened the door to alternative forms of punishment, which became a key factor in the subsequent proceedings.
Plea bargaining: A second chance without prison
Based on the revised legal qualification, we reached an agreement on the guilt and punishment with the prosecutor. This agreement resulted in the client receiving a sentence of community service, allowing him to avoid both prison and disqualification.
Community service is an alternative punishment that enables the convicted individual to contribute useful work to society instead of serving time in prison. This penalty not only has a rehabilitative effect but also allows the individual to remain part of everyday life without being isolated from his family or workplace. The client thus had the opportunity to rectify the situation in a way that did not jeopardise his professional opportunities or personal and family life.
Furthermore, community service offers a degree of flexibility. The client was able to organise the work schedule according to his availability and complete the service within a relatively short time frame. This approach allowed him to balance his professional and family commitments while fulfilling the terms of their sentence without significant disruption to his life.
A strong defence, but also collaboration: The key to success
This case illustrates the importance of combining a strong defence with thorough analysis and effective communication with law enforcement authorities. We provided the client not only with expert legal knowledge but also practical solutions tailored to his specific situation.
The goal of a defence is not just to win the case but, above all, to help the client return to a normal life with minimal impact on his future. In this case, we demonstrated that even a seemingly hopeless situation could result in a second chance instead of a harsh punishment, thanks to the professional approach and diligent work of a defence attorney. That is why we always strive to ensure that a defence is a genuine help for the client.
Mgr. Petr Motyčka