Defense Strategies for Criminal Matters

by TM Maria Be a king in your own kingdom

The defense strategies between one case and another will never be the same, although they may be similar, since they always change according to the characteristics of each case. Much of this has to do with the way in which the complainant addresses the situation; the defense must counteract the acts of the complainant, for which reason it is possible that the strategy must be modified each time the accused is questioned, when evidence is provided and when the strategy used by the complainant is clearly seen.

Of course, any criminal defense strategy will be determined before the case is presented to the court; however, this does not mean that it will remain unchanged. For example, the defense lawyer may decide whether it is appropriate to show why the defendant was not at the crime scene by means of an alibi and, for that reason, to show that it was impossible for the accused to commit the crime. However, in court, the lawsuit may present witnesses or strong evidence (such as videos) proving that the defendant was at the scene of the crime. When this happens, the defense must act and show why the defendant, despite having been present, was not the culprit.

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The role of truth

There are those who believe that a defense attorney will simply lie about what their client did or did not do; however, this is not usually the case. Simply saying the truth is usually much more fundamental. In many situations, this is because the defendant is innocent and the lawyer simply must demonstrate this in court.

The importance of telling the truth is that two true statements can make a difference to a jury, depending on how the facts are stated. The complaint may show that a robbery suspect was in the store at the time of the theft, but may omit the fact that the robbery occurred on the second floor and that the video shows the defendant on the escalator or on the first floor. In general, getting the full truth of the situation will allow you to dismiss the charges, when you get to know the totality of the situation.

The intention of the accused

Some criminal defense strategies involve demonstrating what the accused thought or felt, demonstrating his true intention. In this way, it can be shown why the defendant did not want to participate in a crime, even when there is evidence to link it with the act.

For example, it is possible that two friends ask a third party to drive a car to the bank, while they are all inside the car, without the latter perceiving that they are planning a robbery. When the man notices what is happening, he can try to leave the bank and contact the authorities. Although, at first sight, the man was involved, as he drove the two bank robbers to the scene of the crime, his intention shows that he did not want to participate in the crime and tried to avoid it. This can have an impact on the way in which the facts are perceived.

Question the procedures

Finally, a good defense strategy may involve demonstrating that the procedures used by the authorities were unlawful or unfair. In this way, in certain circumstances, it is possible to dismiss some evidence, even when these have led to a conviction.

For example, in order to search an address, the police need to show that there are sufficient elements linked to the commission of the offense and carry out the search; and then, you must get a court order. If the search is carried out and illegal drugs and other elements linked to the fingerprints of the accused are found, the case will appear to be closed. However, the defense attorney can show that there were not enough elements to prove the commission of the crime, which the search was not lawful and, then, the evidence collected cannot be taken into account.

These laws are in force to protect people, prevent the authorities from raiding private homes and companies without motives in search of crimes. On the contrary, the authorities must focus on those who clearly commit crimes and must respect the privacy of the rest of the population.

Speak Today with a Qualified Lawyer in Criminal Law

This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified criminal law attorney can meet your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified Defense Attorney Tucson if you’re in this area to discuss your specific legal situation.

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Created on Sep 18th 2018 17:30. Viewed 220 times.

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