How a Criminal Defense Lawyer May Strategize a Defense
If you’re convicted of a crime, the experience and background of the criminal defense lawyer you choose can go a long way in realizing a successful outcome. The following information will give you further insight on how you might prevail in your case.
Whether you’re charged with murder or a theft offense, you will find working with an experienced lawyer can be invaluable. Don’t try to wade through the litigation process by yourself. Your lawyer can help you create a winning defense.
How a Criminal Defense Lawyer Establishes Reasonable Doubt
To help you with your defense, your criminal defense lawyer must show reasonable doubt. The publication, Judicature, a publication of the Bolch Judicial Institute at Duke University, points out that “reasonable doubt” was implemented in the courts to ensure that an innocent person would not incur punishment for a crime they did not commit.
Jurors understand that they cannot agree to convict a person when reasonable doubt is present. However, in some cases, the details may reveal few opportunities for a strong defense. That is why your criminal defense lawyer must be adept at countering some of the arguments a prosecutor presents.
Common Defense Strategies
A successful outcome in a defense strategy may show reasonable doubt in one of several ways. For example, common strategies for defenses may include the following:
- The alibi of the defendant
- Police misconduct
- Self-defense
- Insanity
- No probable cause*
- Issues that violate the defendant’s constitutional rights
- The statute of limitations has expired
*In some cases, the defendant’s rights for probable cause are violated if law enforcement officers do not show adequate reason to perform a search, arrest the litigant, or seize their property. The Fourth Amendment covers probable cause by protecting citizens from unreasonable search and seizure.
Changing the Strategy of a Defense
While the lawyer representing you will have a strategy laid out for your defense, that does not mean he or she may not alter it. For example, your lawyer may attempt to show why you could not have been at the scene of the crime, giving you an alibi. However, the prosecution may present evidence that proves otherwise.
In this case, your criminal defense lawyer may need to show why the evidence, such as a video, is not genuine or demonstrate why you could not be guilty. Sometimes, people believe a lawyer working for a defendant simply lies about their client’s part in a crime. However, this is not generally done.
Telling the truth is much more revealing.
The prosecution and defense may offer two accounts–both true–in different ways. It depends on what facts each legal side uses to prosecute or defend a case.
For example, the prosecution may show a defendant, charged with robbery, was inside a store at the time of a crime. However, they may not show that the robbery happened in one location while a video reveals that the defendant was somewhere else at the same time.
Showing How the Defendant was Thinking
In some cases, a criminal defense lawyer may need to demonstrate how or what the defendant was thinking during the crime, even though the evidence shows they were connected with the event.
For example, the defendant, upon a friend’s request, may have driven their car to a bank to pick them up. While the facts may show the defendant was involved in a bank robbery, how and what they were thinking reveals something quite different.
Unjust Questioning and Police Misconduct
In some instances, the criminal defense lawyer might need to prove that the processes used for questioning a defendant represented police misconduct. When this happens, the charges usually are dropped even if the evidence may have led to a conviction.
The Criminal Defense Process
You’ll need the help of a criminal defense attorney, as the proceedings for this type of litigation can vary greatly between the federal and state courts. That’s because each court has its own rules and procedures – they are not all alike in this respect.
While differences exist in judicial rules and procedures, litigators and law enforcement still must honor a defendant’s constitutional rights. One of these rights includes due process. Therefore, the defendant must receive reasonable notice of the proceedings that have been set against them as well as a fair hearing when jail time may be indicated for the crime.
The Investigation
After law enforcement officials investigate a crime and gather evidence, they may request a search warrant if they believe there is probable cause. If an arrest is made, the defendant may wait for the next proceeding at home (if they bailout) or in jail (if their criminal history or the crime warrants it).
Setting the Bail or Going to Jail
When bail is set, the judge considers the seriousness of the crime and the criminal record of the defendant. If the crime is severe and the judge determines that the defendant may not show up in subsequent proceedings, he or she will deny bail and the litigant will wait for the next part of the proceedings behind bars.
The Arraignment Hearing
After the arrest or setting of bail, the next stage is the arraignment process. During this proceeding, the judge explains the charges and asks how the defendant wishes to plead. Defendants often plead “not guilty” at the arraignment even if they later change their plea.
The judge asks the defendant if they have a lawyer or would like one appointed by the court. The bail may be modified during the hearing or the judge may schedule a future court date.
A Preliminary Hearing
In a felony case, the court schedules a preliminary hearing. During the proceeding, the prosecutor must demonstrate that they have enough evidence to support the charges made against a defendant. During the hearing, a criminal defense lawyer may cross-examine the prosecution’s witnesses. A judge or magistrate presides over the proceeding.
Plea Bargaining as an Option
Because court proceedings take a lot of time, some defense cases are settled before they are reviewed at trial. A prosecutor may agree to lighten a sentence or drop some charges if the defendant agrees to a guilty plea. As a defendant, you have the right to agree to a plea bargain or to refuse it.
The Jury Trial
If the defendant does not agree to a plea agreement, the case goes to trial. Each side presents an opening statement. During the trial, the prosecutor introduces the evidence and calls witnesses to share what they know with the court.
In turn, the defense lawyer cross-examines witnesses and may present additional evidence or witnesses after the prosecutor rests his or her case. Closing statements are given before the jury reaches a verdict.
Who to Contact to Support Your Legal Defense Now
Have you been charged with a crime? If so, you can receive a fair legal defense by contacting an expert criminal defense lawyer. Call the law firm of Jance M. Weberman in Los Angeles at 213-386-9100 today.