5 Common Strategies of a Criminal Defense Lawyer

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Defense attorneys frequently make a compelling case to juries by asserting that simply proving the defendant's involvement in a crime does not meet the threshold for conviction. They argue that after all factors are considered, there must be absolute certainty, leaving no doubt and only one rational outcome: that the defendant is guilty.

Most states have an array of qualified criminal defense lawyers ready to tackle and prevail over criminal charges. Extensive documents detail the strategies and methods applied in criminal defense. The task of a criminal defense attorney involves identifying the optimal defense strategies based on the unique details and context of each case. Here are five effective defense techniques that lawyers employ to advocate for their clients:

Unreliable Witness

Challenging the credibility of a witness or informant represents a viable defense strategy in specific cases. It ultimately rests with the judge or jury to assess the believability of a witness. Should the defense attorney succeed in portraying the witness as contradictory or catching them in a falsehood, the judge or jury is less likely to trust their account.

When law enforcement utilizes an informant, your attorney can question the reliability of the information they provided. While informants can be utilized by the police, they must be initially deemed reliable and subject to close supervision during their cooperation.

Regrettably, these oversight protocols are sometimes neglected. If this was the scenario in your case, your attorney can dispute the informant's involvement. Often, a defense attorney can have their clients acquitted of criminal charges due to insufficient evidence.

Double Jeopardy Defense

Individuals often seek the representation of a defense attorney when confronted with severe accusations such as DUI, assault, robbery, and various felonies. A Purser Law best Edmonton criminal lawyer will assist their clients in fighting to avoid imprisonment, especially if they cannot meet bail requirements. One of the strategies frequently employed by criminal defense lawyers to secure victory is the 'double jeopardy' defense approach. Here's how it functions:
- This tactic rests on the premise that charging two individuals for the same offense essentially results in one facing double jeopardy as the jury must determine whether the second person should be sentenced while the first remains free due to the prior conviction.
- The defense contends that immediately incarcerating a guilty individual is unjust, implying that imprisoning the first person for the same crime would also be unjust. While this argument is debatable, court cases have shown that both individuals accused of the same crime may face similar penalties.

Justification for Self-Defense

In each state, specific actions are acknowledged within the realm of self-protection or crime prevention. The legal system upholds an individual's core right to safeguard themselves in immediate jeopardy situations. If an individual reacts to a substantiated threat of significant physical harm or a comparable risk, such conduct might not be classified as criminal.

However, delineating these distinctions is intricate, necessitating the courts to be convinced of the defendant's direct threat. The defense must also illustrate that the degree of force employed was proportional to the threat encountered.

 
To effectively present their case in court, the defense must establish to the jury that the defendant's responses mirrored those of any rational individual in similar circumstances. There are circumstances where delegating decision-making authority, particularly in legal matters, becomes necessary. In such scenarios, utilizing a Power of Attorney is advisable.

Police Misconduct

It is not uncommon for police force members to exaggerate or act improperly during investigations. These unethical practices by law enforcement officers may include:
- Making false claims in reports and testimonies
- Poor handling of evidence
- Pressuring an innocent individual to admit to a crime they are not guilty of

For those negatively affected by such actions, seeking assistance from the best criminal lawyer would be advisable.

Entrapment

Entrapment involves situations where an individual is encouraged or induced by a police officer to commit a crime, mainly to obtain evidence for prosecuting that person. In defending against entrapment accusations, the accused needs to prove they are not naturally inclined towards committing crimes.

Even if there's proof of coercion or influence, a successful entrapment defense must show that the accused did not intend to commit the offense. Convictions for entrapment are not upheld if it can be proven that the accused had no initial inclination or wish to participate in illegal actions and that their involvement was strictly a result of pressure or deceit from law enforcement officials.

Endnote

A criminal defense attorney guarantees your rights are upheld and you receive fair treatment as the defendant.