You're facing criminal charges. Maybe a police officer arrested you for a first-time drug offense. Or perhaps the crime is more severe, involving murder or rape. Regardless, you must prepare yourself for entering the criminal justice system. And that means understanding the intricacies of criminal defense and the time-tested strategies criminal defense attorneys use.
So, let's look at Criminal Defense 101 and some of those winning strategies.
An Experienced Criminal Lawyer is the Starting Point for Your Defense
A robust defense strategy is not just beneficial—it's crucial. And that strategy starts with finding an experienced criminal defense lawyer. Equally, their experience needs to reflect the nature of their criminal offense.
You wouldn't want an inexpert surgeon operating on your heart. Let alone a general surgeon without the specialty to handle such an operation.
The same holds for a criminal defense lawyer. Make sure they fully grasp criminal laws and have criminal trial experience under their belt. In addition, find a criminal lawyer with trial experience conducting cases like yours.
Criminal Defense Often Demands a Team of Legal Professionals
Depending on the severity of your crime, you'll also want to ensure your criminal lawyer has a legal team surrounding them.
A seasoned defense attorney, paralegals, and investigators ensure your case receives thorough attention. Turning every stone—physical evidence, digital trails, or witness statements—is pivotal.
Identifying the prosecution's weak links and engaging expert witnesses might counteract and dismantle the opposing arguments.
Most importantly, you must trust and communicate openly with your legal team. They need to know all the details surrounding your alleged offense. Only then can they coordinate efforts to mount a solid criminal defense strategy.
Attorney-Client Privilege in Criminal Defense Cases
Remember, anything you say to your attorney falls under attorney-client privilege. It protects any oral or written communication between an attorney and their client. This means that if you tell your attorney about your legal issue, this information is confidential.
Generally, this privilege creates honest, truthful communication between clients and their attorneys. Privileged information helps criminal defense attorneys form a criminal defense strategy in the best interest of their clients.
There are some exceptions to attorney-client privilege, such as preventing death or substantial harm.
10 Common Criminal Defense Strategies
The nature of your crime and surrounding circumstances dictate the best defense strategy. However, there are some tried and true types of defenses accomplished criminal lawyers deploy in criminal cases.
It's essential to note that any criminal trial must comply with the reasonable doubt standard. And the more serious the crime, the higher the burden of proof.
The jury must be sure of your guilt. Moreover, the evidence must present that there is no other explanation than you committing the crime.
So, let's review some of the most common defense strategies.
1. Mistaken Identity
This happens if your description resembles the person who committed the crime. For example, a witness may confuse you with someone else. Or, they may indicate you committed the crime to cover for themselves or someone else.
2. Alibi
An alibi asserts that the defendant was elsewhere when the crime occurred and could not have committed it.
So, your criminal lawyer presents placing you elsewhere during the crime. That evidence can include receipts, video footage, or witness testimonies.
3. Self-Defense Strategy
This criminal defense strategy claims that the defendant did commit the act. However, the action was necessary to protect themselves (or others) from harm.
Your attorney introduces evidence to substantiate a genuine threat to you or another person's safety. As a result, your actions were proportionate and reasonable.
4. Insanity or Mental Debility
An insanity defense argues that you were mentally impaired or insane at the time of the crime. As a result, that impairment impacted your ability to distinguish right from wrong.
This defense strategy typically requires psychiatric evaluations, medical records, and expert testimonies to affirm your mental state.
5. Constitutional Violations
This strategy asserts that a police officer or other official violated your legal rights during the investigation or trial process.
It typically focuses on instances of illegal search and seizures, failure to Mirandize, or biased trial processes. The approach serves to discredit evidence or question the case's validity.
6. Affirmative Defense Strategy
This involves admitting to the crime but providing additional information justifying the actions. For example, in a murder charge, proving that the defendant acted under duress might lessen the severity of the penalties.
7. Accident or Mistake
Your criminal defense lawyer asserts that you committed the act without intent or under a mistaken belief. If you can show the act was accidental, it provides substantial defense against a criminal charge, even murder.
8. Police Misconduct
Sometimes, law enforcement officials commit misconduct during their investigations. For example, they may attempt to cover up a mistake they made. Or, they may believe the suspect is guilty and try to build a stronger case.
Misconduct takes many forms, including coercing suspects, doctoring evidence, or embellishing facts.
9. Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise engaged in. A criminal lawyer presents that the idea of crime originated with the law enforcement officer. And they induced you to commit the crime.
10. Lesser Included Defense Strategy
Lesser included offense admits guilt but to a lesser offense than charged. Essentially, your criminal defense lawyer acknowledges the crime. But they present you are guilty of a less serious crime that is a subset of the charged offense.
For example, if you commit a murder, your attorney may claim it was manslaughter. That presents a lesser defense than premeditated murder.
Experienced Montgomery County Criminal Defense Lawyers
Call our firm immediately if you're facing charges for a crime in Montgomery County, PA. We have seasoned criminal defense lawyers who can help.
They can support you for lesser crimes like traffic tickets to more serious crimes like murder or drug trafficking. Our law office in Norristown, PA, supports clients throughout Montgomery, Bucks, and Philadelphia counties.