When you are accused of a criminal offense, the first person you should talk to is a criminal defense attorney. A criminal lawyer's work is to argue their client's innocence by providing supporting evidence and poking holes at the prosecution's argument. Thus, choosing the best lawyer in the business is critical to proving your innocence.
Notably, criminal lawyers use a variety of effective and clever defense strategies to win cases for their clients. Most approaches are comprised of strong arguments, well-developed defense theories, and other witty attorney tactics. Therefore, clients need to understand some of the strategies criminal defense attorneys use. Read on for more information.
1. Reasonable Doubt
One of the most common and effective strategies criminal lawyers use is reasonable doubt. US laws require that an accused person can only be indicted for a crime if available evidence proves their guilt beyond a reasonable doubt. Typically, a prosecutor's job is to prove guilt beyond a reasonable doubt. Consequently, a criminal lawyer must look for weaknesses in the evidence presented.
Criminal lawyers use various ways to establish reasonable doubt in a prosecutor's evidence. For instance, a defense attorney might demonstrate a bias in questioning the credibility of an expert witness. All it takes for a criminal lawyer to create reasonable doubt is to successfully poke holes at the evidence. Doing so makes it difficult for a prosecutor to prove legal guilt.
2. Credible Alibi
A person can only be in one place at a specific time. Therefore, an alibi is a common strategy that criminal lawyers use to prove a client's innocence. Of course, one cannot be guilty of a crime if they were not at the scene. However, a criminal lawyer must ensure their client's alibi is credible and valid.
An alibi's validity and credibility can be supported by witnesses, video footage, photographs, or GPS records. Some evidence, such as videos and photos, must be authenticated for credibility before they may be used in a court case. The best way to make the strategy effective is to promptly disclose accurate alibi information to the police.
3. Imminent Danger
You might not be indicted for committing a crime to save your life or the lives of others. Inform your lawyer if you committed a crime under duress of imminent bodily and psychological harm is critical. Criminal lawyers can only use the strategy if the force used on a plaintiff is proportionate to the imminent danger.
For example, killing someone with a knife if they threaten you with a gun is considered self-defense, not a crime. Conversely, it is a crime to shoot someone if they threaten you with a knife. The imminent danger strategy is more effective if a criminal lawyer thoroughly reviews the facts of a case.
4. Plea Bargain
An experienced criminal lawyer will review a case and immediately establish whether the evidence against their client is overwhelming or not. However, a good defense attorney should still defend their client. Part of the defense involves discussing with the prosecution about a plea bargain.
Notably, a plea bargain is a good defense strategy if the evidence of guilt is overwhelming. Typically, a criminal lawyer meets with a prosecutor to discuss the terms on behalf of their client. For instance, a defendant can plead guilty for a reduced sentence. However, a criminal lawyer will not use the strategy if they believe in their client's innocence.
The strategies used by experienced criminal lawyers vary from one case to the next. A good attorney will only choose a defense strategy after reviewing case facts. Contact us to discuss the best possible defense strategy that guarantees your justice.