Developing a strong defense strategy is the most important aspect of a criminal case. In case, the defendant fails to bring forth an effective defense, it may result in a long prison sentence or heavy fines. Employing a thorough and well-crafted defense strategy ensures the dismissal or reduction in the charges.
The criminal defense attorney chalks out the defense strategy, after going through the evidence and arguments provided by the prosecution, and hearing the defendant’s statement about the crime in question. Devising a defense strategy is not simple which tells the defendant’s innocence or lessened legal accountability. It also includes determining the witness’s credibility and finding out the reputation of between the police and community. These aspects will help in developing the theory of the case, based upon the provable facts and the defendant’s story.
It is important to consider that a successful defense strategy should have the following three elements:
Another important factor is the lawyer must look for the weaknesses and mistakes prosecution or law enforcement authorities have made while arresting the defendant, and use it to strengthen the defense. And for that matter, following are few strategies that help in dismissing the charges:
A competent criminal defense lawyer can raise the argument that the law enforcement officer did not have sufficient cause to arrest the defendant. The lawyer can also argue that the law enforcement officer already had a tendency to believe that the defendant was guilty without having any other evidence that the defendant committed the crime.
Incorrect identification leads to incorrect accusations. Mistaken identity occurs when a witness’s statement is similar to the perpetrator and when the witness assumes but is not certain that he or she has identified the right person.
When the defendant asks for a lawyer and the law enforcement denies the right and continues questioning him or her, this act also can be used as a defense strategy. A criminal defendant has the legal right to obtain legal counsel after taken into the custody. When the defendant asserts the right to have legal counsel, the law enforcement must wait a reasonable time to question the criminal defendant.
In some US states, an anonymous report by law enforcement may not prove to be sufficient grounds to arrest the defendant. This report can be used as a defense strategy by the attorney in the courtroom.
In case the defendant is arrested under DUI charges, the field sobriety and Breathalyzer test will be challenged and investigated. Sobriety test and checkpoints follow strict rules depending upon state law. The attorney can investigate to determine whether this checkpoint follow all the rules or not.
The defense lawyer has complete rights to call witnesses supporting the defense. Witnesses can provide observation and even evidence that support the defendant party.
In certain cases, the prosecuting party has to prove that the defendant had the intent of committing a crime. Without proving the intent of crime, the defendant cannot be convicted.
The defendant may request the suppression or removal of the evidence from the trial. The defendant makes this motion well in advance of trial and if he or she wins, the judge or prosecution may have to drop the case. Whether the dismissal is suitable is based upon the fact that how essential the evidence is to the prosecution.
If you are charged with criminal charges in Florida and looking for a criminal defense lawyer, contact Criminal Defense Lawyer in Fort Walton Beach.
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