During a criminal proceeding, a defendant is provided access to a public defender, unless the defendant can afford to hire representation. Either way, the criminal defense attorney’s job is to identify opportunities that signify innocence. The goal is to have the defendant found not guilty or to have the charges dropped altogether. Today, we’ll highlight four common defense strategies that successful criminal defense attorneys employ.
Burden of Proof
A defense attorney will present facts that may contradict those the prosecution suggests. Circumstantial details, for example, can imply ideas but may not be relevant to the crime directly. By arguing these points, the criminal defense attorney can highlight the prosecution’s failure to provide a burden of proof. It is the role of the prosecuting attorney to present evidence and facts to prove the defendant’s guilt. A great criminal defense attorney will spend time showcasing any potential failure to do so.
One of the many questions a criminal defense attorney will ask a client is where he or she was at the time the crime was committed. The defendant can provide names of those who can testify to their whereabouts. Thus, giving them the chance that the alibi alone will exonerate the client.
Sometimes in criminal defense, it’s best to review the nature and conditions of the interrogation process itself. Indeed, most precincts record all conversations. If the criminal defense attorney sees impropriety in questioning tactics or coercion of testimony, there may be a logical defense that the statements were obtained under duress.
Statute of Limitations
Depending on the nature of the act or crime itself, there may be an opportunity to take advantage of the statute of limitations. In fact, if the prosecution didn’t bring forth charges in a timely manner, the charges could be dropped immediately.
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If you or someone you know is facing criminal charges, contact us to help discuss the best defense strategy.