There are many criminal defense strategies available after the facts and the circumstances of the case are reviewed, for a criminal defense attorney to use to win. Defendants are innocent until the prosecutor can prove guilt beyond a reasonable doubt.
Mistaken Identity: A witnesses identification is not always correct. This happens more often than not.
Accident: A good criminal defense attorney may be able to prove that the act was accidental.
Duress/Immediate Danger: A crime may have occurred because the person believed they were in immediate risk of harm and their actions were made under duress.
An Alibi: Can the defendant prove that they were somewhere else when the crime occurred?
Entrapment: Was a normal law-abiding citizen intimidated, coerced or persuaded to violate the law?
Police Misconduct: It happens. Law enforcement might be convinced a suspect is guilty and engages in misconduct to build a stronger case. A skilled criminal defense attorney will be able to identify and prove that law enforcement was:
- Lying or embellishing facts in courtroom testimony or in their reports
- Improperly handling, planting or doctoring evidence
- Using unnecessary force like tasers or pepper spray on cooperative subjects
- Coercing witnesses and suspects
False Confession: Mental and physical strategies may be used by law enforcement to force a false confession.
Probable Cause: Did law enforcement have a reason to stop the defendant? To search? To arrest? If not, evidence can’t be used.
A mistake of Fact: The crime may have been made accidentally and honestly.
Self Defense: There may have been force used against an intruder, but it must be reasonable and proportionate to the harm reasonably feared. Therefore there is a valid defense if you believe that you or another person face imminent danger and you only use as much force as is reasonably necessary to alleviate that danger and escape is not a reasonable choice.
Beyond Reasonable Doubt: The beyond reasonable doubt standard requires that the evidence is so convincing that no reasonable person would ever question the defendant’s guilt. This strict burden of proof requires that the jury (in some cases, the judge) have a moral certainty that the defendant is guilty and that the evidence offered no logical explanation or conclusion other than the defendant committed the crime.
This strict standard favors the defendant since the defense has to merely establish a reasonable doubt about any of the key elements required for the crime to succeed. Good criminal defense lawyers often impress upon juries that thinking the defendant committed the crime is not sufficient for a conviction. They must have moral certainty after considering all the facts that there is no doubt remaining and only one logical conclusion is left: the defendant is guilty.
The Bottom Line: Every case is unique and the best criminal defense attorney will weigh all these factors to develop a defense that will be in your best interest. You need a lawyer that will provide the best standard of legal representation and personal attention. Give Scott a call – his focus will be on making sure you make it out of your case with your profession, your family, and your future intact. 513.260.2099