Attempts are alleged crimes that didn’t actually happen. How do cops and prosecutors determine this when we still can’t read people’s minds? You guessed right- they also guess, and try to use supporting circumstances to buttress their claims. We’ve found it common, however, for the prosecution to cherry-pick facts that support their narrative while ignoring inconvenient truths that suggest the opposite.

Because of the subjective nature of attempt charges, and the ability to bring them despite a lack of objective evidence, they are routinely used as bargaining chips. In other words, filing them greatly increases potential penalties and criminal exposure, encouraging plea bargains for lesser sentences.

The first step toward a better approach is always knowledge. From there, it’s vital that you have a skilled, experienced advocate on your side, able to both objectively assess the evidence and defend you and the truth in court.
The prosecution’s argument is necessarily that other circumstances prove that the intent to commit the criminal act was present.