The criminal justice system can be intimidating, especially if you’re not familiar with the different defense strategies available. In fact, according to statistics, only 2% of federal defendants go to trial while 90% of criminal defendants plead guilty. This means that having an effective criminal defense attorney is absolutely critical to your case.
Here’s the deal…
Contrary to popular belief, a criminal defense is not just about proving your innocence. It is about protecting your rights, reducing your charges and achieving the best possible outcome. Whether you are trying to find a criminal defense lawyer in San Diego or elsewhere, knowing these strategies can make all the difference to your case.
Best of all…
The right criminal defense strategy can mean the difference between conviction and acquittal – or at least significantly reduced charges and penalties.
In this post you will discover:
- Constitutional Defense Tactics That Actually Work
- How Procedural Defenses Can Get Cases Dismissed
- The Truth About Affirmative Defense Strategies
- Evidence-Based Defense Methods That Win Cases
- When Plea Bargaining Makes Sense
Constitutional Defense Tactics That Actually Work
Constitutional defenses are the most basic form of defense you can use against criminal charges.
These powerful strategies focus on how evidence was obtained and whether your rights were violated during the investigation. Let’s break it down…
The Fourth Amendment protects you from unreasonable searches and seizures. If police violated your rights, any evidence they gathered could be thrown out.
This is called the “exclusionary rule” and is one of the most effective criminal defense strategies available to you.
The Fifth Amendment is another powerful weapon. It protects your right to remain silent and not incriminate yourself. If investigators obtained a confession through coercion or denial of Miranda rights, this can get your case dismissed as well.
You also shouldn’t overlook the Sixth Amendment. This guarantees your right to legal counsel and a speedy trial. If the police violated these rights, you may be able to get the charges dismissed or the conviction overturned.
Pretty powerful stuff, right?
Constitutional defenses work so well because they attack the foundation of the prosecution’s case. If evidence was obtained illegally, it’s not admissible in court – no matter how incriminating it may be.
How Procedural Defenses Can Get Cases Dismissed
Fun fact alert…
Procedural defenses focus on the legal technicalities surrounding your case, not on whether or not you committed the crime. These legal loopholes can be incredibly effective when used correctly.
Common procedural defenses include statute of limitations violations, where the police or prosecution take too long to file charges, speedy trial violations, where the legal process drags on too long, double jeopardy violations, where you’re charged for the same offense twice, and misconduct by police or prosecutors that compromises the case.
The beauty of procedural defenses is that you don’t have to prove your innocence; you just have to point out violations of the law during the investigation, arrest or prosecution of your case.
The Truth About Affirmative Defense Strategies
Affirmative defenses are different from other strategies because you’re essentially admitting that you did it, but had a justifiable reason for doing it.
These defenses can be effective if you have evidence to support your claim. The most common affirmative defenses include self-defense, defense of others, necessity or duress, insanity, and entrapment.
Self-defense and defense of others is probably the most well-known affirmative defense. You have to prove that you reasonably believed you were in imminent danger to justify your actions.
Necessity or duress apply when you committed a crime to prevent a greater harm from occurring.
Insanity defenses are rare, but powerful when mental illness can be shown to prevent you from understanding your actions.
Entrapment occurs when law enforcement officials induce you to commit a crime you normally wouldn’t have done.
The catch with affirmative defenses is that the burden of proof shifts to you. You must provide evidence that supports your defense. This is why having good legal representation is so important.
Evidence-Based Defense Methods That Win Cases
Evidence-based defenses are strategies that attack the evidence the prosecution has against you.
Challenging the reliability, authenticity or interpretation of evidence can result in it being excluded from your case or reduced charges.
The most common types of evidence-based defenses include eyewitness testimony challenges, forensic evidence challenges, digital evidence disputes, and alibi defenses.
Eyewitness testimony is often unreliable and can be refuted with research studies and statistics. Studies have found that mistaken eyewitness identification contributes to wrongful convictions in over 70% of cases!
Forensic evidence can be disputed by experts who will testify that DNA analysis, fingerprint analysis or other scientific methods are inaccurate or faulty. Chain of custody issues can also make evidence inadmissible.
Digital evidence such as texts, emails or files can also be attacked. Your lawyer will use experts to challenge the authenticity of these items and cast doubt on the prosecution’s claims.
The key to using evidence-based defenses is finding the right experts who will challenge the prosecution’s case.
When Plea Bargaining Makes Sense
Let’s be real here for a second…
Not every case needs to go to trial. Sometimes negotiating a plea bargain is the smartest defense strategy available to you.
It makes sense to plead guilty and accept a lighter sentence if the evidence against you is overwhelming and the potential penalties for conviction at trial are severe.
If the prosecutor offers significant charge reductions, a plea bargain can also be the smartest move available.
Accepting a plea bargain isn’t about giving up. It’s about accepting responsibility for your actions and mitigating the damage as much as possible. It can save you time, money and stress.
The one thing to remember about plea bargains is that you give up your right to appeal. This is why it is so important to have skilled legal representation during plea negotiations.
Combining Multiple Defense Strategies
Let’s let you in on a little secret here…
The most successful defense attorneys don’t just rely on one strategy. They layer different defense strategies together to make the prosecution’s case as difficult as possible.
For instance, you can combine constitutional defenses with procedural defenses. Or you could use an affirmative defense along with evidence-based challenges to attack your case from all angles.
You can also use more than one type of evidence-based challenge. For example, attacking eyewitness testimony along with forensic evidence and digital evidence. There are multiple ways to win your case and the best lawyers use all of them.
Building Your Defense Team
If I had to pick the number one thing that makes the difference in criminal cases, it would be…
Your defense team. Defense of criminal charges requires a team of investigators, expert witnesses and specialized attorneys all working together towards one goal.
Your team should include:
- An experienced criminal defense attorney who is familiar with the local courts and prosecutors.
- Investigators to help gather evidence and interview witnesses.
- Expert witnesses to help challenge the prosecution’s forensic evidence.
The sooner you build this team, the better. Evidence disappears quickly and procedural deadlines come up fast. Don’t waste time.
Wrapping Up Your Defense Strategy
Understanding the different criminal defense strategies available to you gives you some power in an otherwise intimidating situation.
From constitutional defenses to affirmative defenses and everything in between, there are multiple avenues open to you that can help protect your rights and freedom.
The key is acting quickly and retaining experienced legal professionals who know how to effectively apply these strategies to your case. The right criminal defense can make all the difference.
Your future is worth fighting for – and now you have the strategies to do just that.