It is not unusual for individuals facing criminal trials to feel an array of tumultuous emotions, including sadness and fright. Surely, this is one of the most challenging periods you will deal with during your life. It is crucial to speak to your criminal defense lawyer as soon as possible after the charges are filed. In having this conversation quickly, you will still clearly recall all of the events surrounding the crime of which you are accused and can talk to your lawyer logically and coherently.
After your attorney understands the evidence against you and what really occurred, he or she will start forming a criminal defense technique to be used during your trial. Trials are often won or lost based solely on the strategy the defense selects. Below, you will find a list of common criminal defense strategies.
1. If you have admitted to the crime, there will not be a jury trial. Under these circumstances, the purpose of a criminal defense attorney is to get the defendant the least harsh sentence possible. The defense attorney, for instance, might attempt to get the defendant a plea bargain deal by working something out with the prosecution.
2. Attempting to prove that the defendant has a legitimate alibi is an extremely prevalent criminal defense technique. To effectively utilize this technique, you must have at least one witness who, while under oath, will testify that you were somewhere else when the crime in question was committed. The defense can also bring other evidence proving your location into the trial. For instance, photographs with a time stamp are excellent evidence in an alibi case.
3. In most states in America, your defense attorney can opt to enter the insanity plea. This defense, though, is extremely difficult to use effectively. There will also be more things to prepare for the trial than with other defense techniques. For instance, you will have to be assessed by a variety of psychiatrists appointed by the court. It can take months for this component to be completed.
Then, each psychiatrist will need to testify that you are, indeed, suffering from insanity. Frequently, this technique is not effective since the defense must prove beyond a reasonable doubt that the defendant was not aware of the difference between right and wrong at the time of the crime. See sex crime lawyer. This is extremely difficult to do, especially if one or more of the psychiatrists does not agree that the defendant is insane.
4. The criminal defense of self-defense is also used quite frequently. These cases require the defense attorney to prove that his or her client was facing an immediate threat to his or her life. See Attorney Boston. If the defense attorney is able to prove that the accused was actually facing life threatening harm, the defense frequently prevails in these trials.
The goal of a lawyer is to present the strongest and most believable version for his or her side in order to have charges dropped or reduced. Here are some things to think about:
- The prosecution: The prosecution’s version is the police’s side of the story. A prosecutor’s job is to make a judge and jury believe that the accused did, in fact, commit the offense. This lawyer will gather evidence and witnesses to support the view that the person being tried is guilty. The defending professional must do the task of debunking the prosecutors’ evidence. He or she will cross-examine witnesses and attempt to make evidence appear inaccurate.
- Reasonable doubt: Even if a person is guilty, his or her lawyer may make jurors question it. If the entire case is presented and it seems like the accused may have done the illegal deed, but there’s some doubt about it, a conviction cannot be obtained. A person’s guiltiness must be proved without a shadow of a doubt or they are considered to be innocent.
- Police mishandling: One tactic to discredit the prosecution’s charges against a client is to find mistakes in the way law enforcement officials handled the arrest. The arrest records will be gone over with a fine toothed comb in order to discover details of mishandling.
- Incompetent witnesses: Discrediting a witness’s testimony is another way that a cloud of doubt can be thrown over the case. If a witness is made to look incompetent, dishonest or in some way displaying weaknesses in his or her story, this can make judge and jurors not believe his or her testimony. This is true of expert witnesses as well as the average citizen who was around during the supposed crime.
- Bribery: If any sort of bribing behavior has occurred between the legal representatives and witnesses, this can throw the case over to the other side. Bribery during a court proceeding is illegal.
- Private detectives: Attorneys frequently hire private detectives to go through paper trails, witness accounts and other information in order to find hints and clues to support one side or the other.
- Assertive speaking skills: One of the most powerful tools in a legal representative’s toolbox is their own speech making abilities. Debate team orators turn into savvy courtroom persuaders. With a natural ability to connect with the jurors and sway them with a dramatic argument, a lawyer will win more often.
Strategies devised for criminal defense are very important when an attorney is trying a case for his or her client. Savvy orating skills are also quite crucial in persuading the courtroom decision-makers of an accused individuals’ innocence.