If you've been arrested for a crime, one of the first things you'll probably start to think about is your defense. Unfortunately, coming up with a solid defense can feel impossible -- especially when it seems like the police and the prosecutor are holding all of the power.
Take a deep breath. That's where your defense attorney steps in. Your attorney will take a look at the evidence against and you and work with you to craft the most solid possible defense strategy for your situation. The most common defense strategies include:
An attack on the evidence
Sometimes, what actually happened matters far less than what the prosecution can prove.
Your attorney will likely challenge as much of the evidence against you as possible. For example, if you're accused of drunk driving, your defense may challenge the basis for the traffic stop (its probable cause) and the accuracy of the breathalyzer or blood test that was used to determine your blood alcohol content. If evidence can be dismissed, that may weaken or destroy the case against you.
A complete denial of the crime
Keep in mind that your attorney cannot legally present a defense that he or she knows is untrue, so this kind of defense is only possible if you maintain your innocence.
A complete denial means that you utterly deny the charges against you. If you're fortunate, you have an alibi -- something that can prove you could not possibly have committed the crime. For example, maybe you were accused of assault in a bar fight, but it was actually your brother who got into the fight and he was using your identification because he was underage. You, on the other hand, were at dinner with your girlfriend at the time somewhere else -- and have the receipts to prove it.
An admission, with an explanation
You can be guilty of an act without necessarily being guilty of a crime. In that situation, it's usually a good course of action to admit what happened and explain that your actions were actually reasonable under the circumstances.
For example, maybe you did hit your neighbor with a baseball bat. However, you picked up the bat after he drunkenly swung at you and threatened to hurt your spouse. Relaying that story in the right way can gain the jury's sympathy and help you earn an acquittal.
Since it's hard to tell what the best possible defense is in your situation until after you've been charged and the evidence is examined, it's important to exercise your right to remain silent when dealing with the police. The only person you should tell your story to is your criminal defense attorney.
Contact a business like Glen Albright Law to learn more.Share