A person charged with a criminal offense will no doubt worry about the outcome of his or her case. A conviction may result to the loss of one’s freedom, family, and future depending on the severity of the case.
An important step to take would be to ask for the services of an experienced Fresno criminal defense lawyer. The attorney can represent you and create a defense strategy to achieve the best possible outcome for your case.
Each prosecution involves a unique set of facts and circumstances. There are different strategies that can be used for a case. Here are the five common strategies:
#1: Wrong Person
This common defense strategy happens when one claims that the police arrested the wrong person. This only works in cases where the victim or witnesses do not know the perpetrator. Plus, no direct physical evidence should link the defendant to the crime.
The prosecutor needs to prove the defendant guilty beyond a reasonable doubt in the U.S. criminal justice system. The idea is that a person is innocent until proven guilty. This means that the defendant is not required to present any defense for a criminal charge.
Instead, it is the prosecution’s job to do all that they can to prove one’s guilt. However, there are defenses called “affirmative defenses” wherein the defendant is required to prove the defense. Self-defense is the most common type of affirmative defenses. This means that the defendant needs to present evidence to support a self-defense claim. Meeting the requirements for a self-defense claim can lead to an acquittal.
#3: Illegal Evidence
In cases where a search and seizure is involved, it is possible that the search was conducted illegally. This makes any evidence seized as a result of the search in-admissible during trial. The U.S. Constitution protects citizens against unreasonable searches and seizures. A law enforcement officer should first obtain a warrant based on the alleged cause before conducting a search.
#4: Unreliable Witness
Another common strategy that your Fresno criminal defense attorney can use is claiming that a witness is unreliable. The judge and jury decide whether they believe an informant or not. The defense attorney has the power to make the witness appear inconsistent or catch them in a lie. When this happens, the judge and jury may be less likely to believe their testimony.
If the law enforcement officer got the help of an informant, the criminal defense lawyer can attack the reliability of the information obtained from them. The police should also first check whether the individual is reliable and closely monitor them while working for the police.
#5: No Proof
This is probably the simplest defense among the five. Since the defendant is innocent until proven guilty, the State still needs to prove that a suspect is guilty beyond reasonable doubt. There are cases that are so weak and the evidence purely circumstantial that the best defense is no defense.
Michael J Aed is a leading Fresno criminal defense lawyer. Contact his law office for free consultation at (559) 825-4600.