Law is a very diverse and broad field with criminal defense being one of the most important specializations. When it comes to the criminal justice system, criminal defense makes sure that the accused undergo a fair-and-square trial and aren’t convicted or punished unjustly.
Every case is different, depending on the matter at hand, the evidence presented, what the witnesses have to say, and the approach taken by the prosecution. Based on all this, a criminal lawyer will come up with a strategy to defend his client and save him from conviction. Let’s read about some effective strategies used in criminal law by attorneys.
Effective Strategies Used by Criminal Defense Lawyers
An attorney has to modify his strategy and approach based on the case details and court proceedings. To win a criminal case, the right combination of strategic planning, communication skills, and legal knowledge is vital.
For federal crimes, the rate of conviction is over 95%, and defending an accused person is not easy. Let’s check out the most common, effective strategies that criminal lawyers use.
Thorough Investigation & Developing a Strong Defense
First and foremost, investing the case thoroughly is vital. It includes reviewing the evidence, interrogating eye witnesses, and checking police reports. It helps find weaknesses in the prosecution’s case and come up with potential defenses.
An attorney then develops the defense strategy based on the charges and other facts related to the case. He can argue that the evidence was illegally obtained or that the defendant acted in self-defense when committing the offense.
Negotiating Plea Bargain
There are some cases in which the best solution for the defendant is negotiating a plea bargain with prosecution. In this, the accused pleads guilty to a smaller offense as compared to the original charge, for a lighter, shorter sentence.
A defense lawyer negotiates a plea with the prosecution that is in the best interest of the defendant. This strategy works in most cases and the defendant avoids a severe punishment if they are guilty.
Joining Police Interrogations
Police authorities usually question a person accused of a particular crime. The interrogations by the police are quite intimidating and stressful. A criminal attorney can join police interrogations in order to protect the rights of his client during questioning.
It makes sure that the police do not intimidate or trick the accused into confession of the crime. Many times, the police even threaten or use scare tactics to make the accused talk about the crime which is wrong. A defense attorney ensures that his client doesn’t say something that the court can use against him during the trial.
Challenging Evidence & Using Expert Witnesses
Another effective strategy in criminal law is to challenge the evidence presented by the prosecution. A lawyer can argue that the evidence was gathered in an illegal manner or is unreliable. He may also challenge the credibility of testimonies by the eyewitnesses.
In order to strengthen their side, attorneys can bring in expert witnesses like forensic experts who have specialized knowledge in fields related to the case. This helps testify DNA reports, legal documents, health records, and other evidence presented in court.
Focusing on Burden of Proof
The prosecution has to prove beyond a reasonable doubt that the accused is guilty, in order to win the case. This involves a substantially high burden of proof and the prosecution needs to present the necessary evidence for this.
If prosecution’s evidence and testimonies are not strong enough to pass the burden of proof, it is possible to prove that the accused isn’t guilty. For this, a defense attorney checks each and every piece of evidence and double-checks witnesses statements to find holes in them.
Creating a Compelling Narrative
Another strategy that a criminal lawyer uses is to come up with a compelling narrative regarding the case. The attorney builds a story that matches the defendant’s statements, highlighting all mitigating factors or situations that are present.
Through such narratives, a lawyer can sway the jury and invoke sympathy towards the accused. The difference between a not guilty and guilty verdict can be the right narrative.
Conclusion
Being charged with a felony or a misdemeanor has serious consequences and the accused must hire a criminal defense lawyer to help him prove innocent. Established attorneys like Challae Taniel Porter carefully investigate the case and take the best approach to defend their accused client.
We read about some of the most common and effective strategies that criminal attorneys use, in the above post. Make sure to hire an experienced lawyer who can defend you in the best manner and save you from being charged as guilty.