Many people facing criminal charges make the same mistake. They become so fixated on the potential of a conviction and the worst penalties the courts could impose that they enter a guilty plea. Multiple people plead guilty for every one defendant who takes their case to trial.
Those who assert their innocence may have several options available when they respond to the charges against them. Depending on the circumstances leading to someone’s arrest and the charges they face, there could be numerous different viable defense strategies they could utilize.
What are some of the more common defense tactics that can help people avoid criminal convictions?
Highlighting police misconduct
In some cases, police officers may have violated someone’s rights or possibly even state law in their attempt to investigate an alleged criminal offense. Police officers might arrest someone for drunk driving after initiating a traffic stop without an appropriate justification. Officers might arrest an individual after conducting an illegal search without a warrant, probable cause or the consent of the individual. In cases where defense attorneys can prove that police officers broke the law or violated someone’s rights, they can potentially exclude any evidence obtained through that misconduct from the criminal proceedings.
Reevaluating evidence
How the state pursues a case often depends on the available evidence and how professionals analyze that evidence. Defense attorneys can sometimes bring in expert witnesses with experience reviewing financial records or forensic evidence to counter the state’s case. In some situations, the state may have reached an inappropriate conclusion or misinterpreted the evidence. Attorneys can raise doubts about whether someone broke the law by reanalyzing the evidence the state intends to use.
Developing an affirmative defense
There are many scenarios in which behavior that might be illegal does not technically break the law. Acting in self-defense or while under duress are both examples of situations that could warrant an affirmative defense. People can change the narrative around an incident and avoid a criminal conviction.
Every criminal case is unique, and those facing charges may significantly benefit from discussing their situation in depth with a skilled legal team in order to determine the best options available to them. Fighting criminal charges successfully generally begins with a strategy and the support of a professional who knows how to handle criminal proceedings in court.