Facing a criminal charge is no joke, as you could easily find yourself in jail or paying a hefty fine. You could also get stigmatized and denied certain opportunities because you have a criminal record. Therefore, you should have a defense strategy that you can use in the courtroom. These usually fall into one of two categories: either you didn’t commit the crime or you shouldn’t be held accountable because of the nature of the incident. Here are a few defense strategies that can help you beat your case.
Lack Of Proof
You are always innocent until proven otherwise – and the prosecutor can only do so much to prove you guilty. Sometimes their evidence can be purely coincidental or circumstantial, which can not be enough proof for a guilty verdict to be giving. So you need to find ways to discredit their stories and prove that their lack of viable proof is a red flag in the case.
You can argue in court that your case is one of mistaken identity, and you have no connections with the accused crime. This happens if you match the physical description of a fugitive or if a witness claims you were involved in a crime that you weren’t.
Illegally Obtained Evidence
Law enforcement officers are legally required to provide a search warrant before conducting searches. If your arrest involved a search and seizure that was conducted without a valid reason or search warrant, you could bring this to the notice of the court. If the court agrees with your claim, any evidence acquired is immediately dismissed.
If your case was an assault case and involved dangerous physical contact, you can plead you acted in self-defense. Of course, the circumstances have to line up perfectly for this to be taken seriously. For example, if you were being threatened or in imminent danger, and you acted to protect yourself, you can claim an act of self-defense during the trial. Furthermore, your prosecutor has the responsibility of proving you were the aggressor in the incident, and if you can ensure that they can’t, you have a better chance of beating the case.
Lack Of An Actual Case
You may argue in court that the law enforcement officer that stopped or apprehended you did so without an actual reason to justify it. For example, the law enforcement officer may have made an arrest based on social profiling or racial discrimination and probably had no accurate indication that you committed a crime in the first place.
Examining The Arresting Officer
The arresting officer may have a poor disciplinary record or inadequate training that can affect the credibility of his arrest. Also, any mistake made by the arresting officer (using excessive force on a cooperative individual, lack of a search warrant) can be exploited during the trial to aid in your case hearing.
Have An Alibi
Having an alibi is a full-proof way to beat any case. If you can prove that you were never even at the scene of the crime, then there is no way you can be charged guilty.
Convicts are often compelled to confess to a crime they never committed. Juveniles are more vulnerable to this. If you can prove you were constrained to make a false confession, then a case can be made to discard that piece of evidence in the trial.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.