How to Create the Best Criminal Defense Strategies

How to Create the Best Criminal Defense Strategies

Anas Bouargane 03/03/2021 4
How to Create the Best Criminal Defense Strategies

Criminal cases can be intimidating and draining.

These cases involve a lot of legal technicalities. Fighting criminal prosecution charges can be a daunting task. These cases require the smartest minds in the corridors of justice. They need a lawyer with the right skills. Above all, you need a lawyer who can design the best criminal defense strategies to deliver real results. The following are important strategies your lawyer should employ when litigating criminal cases.

Criminal Defense Is All About Saying the Truth

Failure is Part of the Process of Succeeding

Your lawyer should come up with the best story to convince your judge that you are not to blame for the criminal charges. The story should feature all the criminal defense characteristics. Here are a few characteristics that should prominently feature in the story:

  • Truthful Foundation—The story should be based on the true or truthful foundation when it comes to evidence. For instance, your lawyer can argue that the car was stolen at gunpoint.
  • Judge’s Sympathy—The lawyer should express his story in a way that can gain a lot of sympathy from the judge. For instance, you can tell the judge how you tried to withdraw from committing the crime before it was actually committed. You can also tell the judge how you even reported the matter to the police. Gaining sympathy from the jury is important when it comes to winning a criminal defense case.
  • Actual Events—The lawyer should also show the events surrounding your case are the actual events that happened in your story. Providing actual events will convince the judge that you are telling the truth. For instance, if you say that you were not at the actual crime scene, your story should clearly show why you weren’t at the spot. The story should be chronological. Contradictions can raise a lot of questions. Thus, being factual regarding your story is important.
  • Denials and Admissions
  • Two defendants cannot come up with the same exact story. The version must differ. Here are three versions a defendant’s story should fall under:
  • Confession—in confession, the defendant will admit responsibility before the attorney. Here, you will go to the attorney’s office and tell him/her that you committed the offense.
  • Complete denial—Here, the defendant will deny everything regarding the accusations.
  • Admit and explain—Here, you will admit to the crime but give reasons why you committed it. This story falls between denial nod admission.

How To Create a Defense Strategy

Criminal defense matters require the best strategy. They need brilliant minds to rescue you from the jaws of jail. Without a good strategy, you risk going to jail. However, designing a perfect strategy isn’t that easy. It requires time, effort, etc.

Important Elements To Consider

A defense should be credible. That’s why when creating a defense strategy, you need to take into consideration the following key elements:

Solid Evidence

The lawyer should examine all the available evidence. From here, he/she should use evidence that will strengthen your case. Remember, criminal defense is vigorous in nature. Any contraction can cost you. That’s why you need a skilled lawyer on your side.

Good Explanation

Communication is an important element when it comes to creating a good defense strategy. Hire a lawyer with exceptional communication skills. He/she should offer a good explanation before a court. The lawyer should have the best explanation to counter the prosecution’s evidence. He/she should chronologically present facts before the judge.

Sufficient Preparation

Preparation is also important when litigating criminal defense cases. A good lawyer understands the power of good preparations. He/she should collect additional exhibits, illustrations, as well as witness testimonials.

Common Defense Strategies

The lawyer should show and prove that the prosecution failed to prove that you are guilty of the offense. He/she will use facts to counter the evidence presented in court. Part of the strategy includes assessing the credibility of the witnesses and evidence. In a nutshell, the criminal defense lawyer should do everything to create doubt as far as the evidence presented by the prosecution is concerned. Here are a few tactics your lawyer can use when creating doubt.

Poke holes—Your lawyer will spot and poke holes in the evidence presented. He/she will try poking holes in the testimonials presented. His/her aim is to show that the prosecution is lying.

Mistakes—A good defense lawyer should point out any mistakes from the side of the prosecution. He/she will point mistakes during the process of gathering, preserving, and presenting physical evidence.

Bribed—In some cases, witnesses may be bribed to give false evidence in exchange for protection or immunity. A good lawyer should cross-examine these types of witnesses and prove that they were bribed.

Common Sense—Any evidence before the court should have common sense and logic. A good lawyer should point out that the evidence is devoid of these aspects.

Types of Defense Strategies

Your lawyer will design his/her strategy based on two scenarios:

  • You committed the offense but you shouldn’t be penalized
  • You didn’t commit that offense

What to do if you never committed an offense

Your lawyer will design his/her augments based on the following strategies:

Lack of proof—You are innocent until proven guilty. Thus, the burden of proof lies on the side of the prosecution. They must show that you committed the offense. Your lawyer’s work is to counter the evidence and prove your innocence.

Alibi—This is a type of evidence that proves that you weren’t at the scene of the crime. If your lawyer can prove that you are not at the scene, then the charges will be dropped.

What to do if you committed an offense

Of course, you may have committed the offense. However, your lawyer can use the following strategies to show why you shouldn’t be penalized.

  • You acted in self-defense
  • Consent
  • Insanity
  • Under the influence
  • Entrapment

Conclusion

Do you want to go to jail? Of course, no. Going to jail is one of the most infuriating things you should wish to go through. In jail, the freedom you treasure, the family you love, and the home you cherish won’t count. Thus, fight off these criminal charges. Hire the best theft defense lawyers. Use the above strategies to fight off those criminal charges and get set free.

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  • Ross Smith

    Nobody wants to go to jail, comply with the rules and you will be fine.

  • Aaron Max

    Thanks for the information

  • Scott Andrews

    It's tough to drop criminal charges unless you have a good lawyer

  • Patrick Clark

    Good read

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Anas Bouargane

Business Expert

Anas is the founder of CEF Académie, a platform that provides guidance and support for those willing to study in France. He previously interned at AlphaSense. Anas holds a bachelor degree in applied economics from the University Paris Sud.

   

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