A criminal defense strategy is essential to protecting your rights in court. Your attorney must consider all of the facts and carefully consider what they can do to defend you in your case. For example, your defense team can question evidence to uncover any errors or inconsistencies. They can also use an alibi defense to show you were elsewhere during the alleged crime.
Lack of Probable Cause
Probable cause is a critical legal criterion that must be met before police officers can conduct searches, issue arrest warrants, or engage in other activities that can violate your constitutional rights. When experienced criminal defense lawyers show that a search, arrest, or other action was conducted without probable cause, charges may be dismissed, and the evidence gathered may be excluded from trial. Probable cause can be a confusing concept for people not familiar with legalese. You may have heard the term on TV or in the news but need help understanding it. Defending against charges without probable cause involves challenging the police’s determination of probable cause in court. A judge must decide whether or not the officer’s opinion of probable cause is reasonable based on the totality of circumstances.
Self-Defense
A criminal defense to a crime involves asserting that you committed the act in question because of some mitigating circumstance. Self-defense is one such circumstance. A person may use deadly force to defend themselves against an attack if they have a reasonable belief that the attacker is about to inflict death or serious bodily injury. In addition, the degree of force used must be objectively reasonable under the circumstances. Under the doctrine of stand your ground, some jurisdictions also allow a defendant to use deadly force without being provoked. However, such a claim is usually limited to situations where the victim has not initiated an affray. Even when the circumstances are met, this defense is not entirely exempt from the charges and punishment.
Alibi
An alibi defense focuses on showing the court that you were not present at the crime scene and could not have been the perpetrator. It can be a powerful defense when presented with solid evidence. The prosecution has the burden to prove that you committed the act for which you are being charged, so the more evidence your defense attorney can present to rebut the prosecutor’s case, the better chance you have of being acquitted. For example, a defendant who claims to be at work when a store is robbed may submit a statement from their supervisor affirming they were working late and a credit card receipt from a nearby cafe that confirms that the defendant ate dinner there around the time of the robbery.
Duress or Coercion
A duress or coercion defense claims that a person only committed a crime because they were forced into doing so by threats or other external pressures. For example, if someone holds a gun to your head and tells you that they will kill you or harm your child unless you steal a car, this would be considered coercion.
It is a common criminal defense used to drop charges or reduce sentences. It is also an essential legal issue in contract law and can be used to invalidate a contract entered into under duress. Hollywood movies like The Godfather and Goodfellas frequently portray organized crime families using coercion to entrap individuals into participating in their illegal activities. These situations often qualify as duress or coercion.
Constitutional Issues
Criminal defendants in the US must be found not guilty if the prosecution cannot prove the offense’s components beyond a reasonable doubt. It is crucial, therefore, that your attorney points out any weaknesses in the case and persuades the jury to find you not guilty. It is a standard defense strategy that is generally successful. You may be able to use a constitutional defense such as insufficient evidence, unlawful search and seizure, or being too young to be held responsible. Other constitutional issues include insanity, duress or coercion, and being intoxicated at the time of a crime. An effective defense also comprises analyzing the methods and results of forensic evidence to expose errors or alternative explanations. Another trial tactic is ensuring that the judge and prosecutor have given accurate and fair jury instructions.
