Common Criminal Defense Strategies That Work
When someone is accused of a crime, the tendency is to wallow in self-pity and assume the worst possible outcome will come to fruition. Few people are aware of the fact that skilled attorneys can successfully argue on behalf of the accused to clear their name and restore their freedom. Even if an attorney can argue for the charge to be dropped to one of a lesser degree, the criminal defense strategy in question can be considered a success. Some criminal defense strategies tend to work better than others. The best of the best are detailed below.
The false accusation defense sometimes proves successful in domestic violence cases. If a couple is embroiled in drama or a legal battle such as a conflict over child visitation rights, one party might be tempted to falsely accuse the other of domestic violence. The logic in making a false accusation is it might convince a judge to take away the accused party’s parenting rights as he or she would be considered violent and a threat to the child.
If you are charged with assault, arguing self-defense might help you prove your innocence. This defense typically works best in instances when you are physically attacked and had to retaliate to protect yourself. If you felt as though you were in danger or your life was on the line, you had every right to defend yourself. What matters most is that you hire the right attorney to persuasively argue you genuinely acted in self-defense.
The Mistaken Identity Defense
There really are some situations in which an individual is accused of a crime simply because he or she looked like someone else and was in the wrong place at the wrong time. You should not be punished because you bear a resemblance to a criminal. The mistaken identity defense has the potential to work if artfully argued by an experienced attorney.
Improper Police Procedure
Police officers are required to follow strict procedures when arresting someone. The police officer must have probable cause to pull the driver over in the first place. The officer is is required to read the arrested individual the Miranda rights and adhere to search protocols. However, police officers often forget to follow protocols, do not adhere to the mandated procedures and ultimately sabotage the case against the alleged drunk driver. However, you need an experienced attorney in your corner to pinpoint the flaws in the police procedure. This is exactly why you should be careful when selecting your legal representative following a criminal charge.
An Unmaintained Breathalyzer
Police officers are required calibrate, maintain and test their breathalyzers in accordance with specific rules. After all, this diminutive device is relied upon to determine if the driver is actually drunk. If the police officer failed to properly calibrate the device or have it tested/maintained at the proper frequency, it will not generate an accurate reading. If your attorney can argue the breathalyzer was not properly maintained, it might be possible to have the DUI charge dropped altogether.
Though the insanity defense is not the first choice, it has the potential to work. This line of defense has been featured on all sorts of movies and TV shows as it is dramatic and high stakes. If an attorney argues a client is insane, he is asking the judge and/or jury to believe he or she had no knowledge of the act in question during the time of the crime. This is a serious defense with significant ramifications. The only reason to use insanity as a defense is if it can be proven a mental condition is the cause of the defendant’s failure to act in a discerning manner.
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