Going through a trial that could determine your fate can be the scariest time of your life. You are not sure whether you will walk free or lose your place in society along with your career. Your only saving grace could be a good lawyer who can mount a solid defense and clear your name.
Picking the right law firm like Chris Lewis and Associates is crucial. It is their job to go through your case in detail and put every piece of evidence against you through thorough scrutiny. After that, they have to point out the flaws in the prosecutor’s case and create doubt as to whether you are guilty or just a victim of a rushed investigation by law enforcement.
What Determines the Type of Defense Strategy Your Lawyer Will Use?
- A detailed account of what happened and the credibility of the defendant
- A detailed account from credible witnesses
- Physical evidence and facts that can be verified
- The police reports and their credibility
- Testimony from expert witnesses and other third-party reports
- Why the penal code charge might not apply to your case
- Casting doubt on the prosecutor in charge of the case and his known strategies
Defense Strategies Used by a Criminal Defense Attorney
After reviewing your case and looking at all external factors that could come into play in your case, the attorney must pick a strategy that will eventually lead to an acquittal. Some of the arguments a good lawyer might use in a criminal case include the following:
The lawyer might call into question whether the arresting officer had any reason to suspect the defendant. He might argue that the arresting officer might have had some bias and singled out the defendant without any cause to believe that the defendant had committed a crime.
Questioning the Defendant Without Legal Representation Present
According to the Miranda Rights, the defendant should have access to an attorney before the police start any line of questioning. If the lawyer can prove that the police violated any part of this process, it can create doubt about the competence or motivations of the investigating officers.
Lack of Intent
When a crime has been committed, it is up to law enforcement to come up with a motive connected to the crime. The defense lawyer can argue that the defendant has no reason to commit the crime in question and can challenge the prosecutor to connect the defendant to the offense beyond a shadow of a doubt. If the prosecutor fails to do so, then the defendant cannot be charged with the crime.
Illegal Search and Seizure
It is the job of law enforcement to obtain evidence that links the defendant to the crime. How they go about collecting said evidence can make or break the case. The Constitution protects citizens from illegal searches and requires that the police provide a valid warrant that details probable cause signed by a judge. If the police violate this law, then the evidence cannot be used and is inadmissible in court.
Burden of Proof
The prosecution’s job is to prove every “fact” they present in front of the court. Thus, there should not be any doubt in police reports, evidence, and witness testimonies they use to prove that a defendant committed the crime in question. If the evidence is purely circumstantial, the case is weak, and a good lawyer should be able to have it thrown out.
Learn More About Criminal Defence Strategies
There are many other defense strategies that lawyers use to win cases, and if you want to know the best one that suits your case, you will have to look for an experienced lawyer.