How criminal defense lawyers can poke holes in the prosecution’s case?
Their freedom, finances, and future are all on the criminal defense lawyer by your side is so crucial. The job of a criminal defense attorney is not just proving your innocence – it’s about finding the holes in the prosecution’s case. A criminal case often relies heavily on witness testimony. Eyewitnesses who claim to identify the defendant as the perpetrator, police officers recounting what they saw at the crime scene, or experts offering opinions based on the evidence or breaking the prosecution’s case. An experienced criminal defense lawyer will thoroughly investigate each witness.
Casting doubt on forensic evidence
An aggressive defense lawyer will meticulously examine the chain of custody and testing procedures to ensure proper protocols are followed at every step. Were gloves changed between collecting evidence items? Were samples accidentally switched or contaminated? Did the lab technician follow standard testing methods accepted by the scientific community? Even minor deviations from proper protocols excluding damning forensic evidence or at least create enough uncertainty in the mind of jurors.
Introducing alternate theories
Creating plausible alternate theories of the crime is one of the most effective tactics a criminal defense lawyer has in their arsenal. If substantial and credible evidence exists pointing to another perpetrator, it provides sufficient doubt about the defendant’s guilt. For example, defense lawyers may suggest an eyewitness mistook someone else fleeing the scene or that the murder victim died by suicide and was not killed by the defendant.
Attacking legal deficiencies in the charges
Dissecting the actual charges filed is another avenue experienced fraud solicitors in London pursue. Does the stated charge fit the legal definition of that crime? Is the prosecutor overcharging with more serious crimes than the evidence supports? What affirmative defenses or mitigating circumstances negate or lessen the charges? Lawyers pore through criminal statutes and case law precedents to identify such legal flaws a judge or jury that the defendant conviction on that charge difficult if not impossible.
Advocating for mental health defenses
Those struggling with mental illness often in the criminal justice system criminal defense lawyers recognize this and pursue mental-health-based defenses to either defeat the charges or mitigate punishment if convicted. Possible options include arguing the defendant was legally insane at the time and unable to understand the criminality of their actions. Other conditions like extreme emotional disturbance diminished mental capacity, ignorance of the law, involuntary intoxication, and more could similarly justify lesser charges or alternative sentencing.
Did police have probable cause for arrest? Was the car search done without a warrant? Was the defendant’s Miranda rights violated during interrogation? Often pre-trial motions to suppress evidence are filed asserting constitutional violations. Having solid grounds to allege Fourth Amendment breaches provides leverage in plea negotiations and excludes illegally obtained evidence damaging to the defense.
Seeking plea deals or lesser sentences
Only a small percentage of criminal cases end up reaching a full jury trial. Often through negotiations with the prosecution, plea agreements are reached or convictions on lesser charges secured in return for avoiding lengthy and costly trials. Even if the evidence overwhelmingly points to the defendant’s guilt, their experienced criminal defense lawyer knows there is nearly always bargaining room. Mandatory minimum sentences are circumvented. Sentencing enhancements rejected. Probation, rehab, or house arrest is requested instead of prison time.