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Published On: Tue, Jul 23rd, 2019

Top Strategies Of Criminal Defence Lawyer

Whether your criminal defence lawyer will succeed or not depends on the strategies used by him. Every professional criminal lawyer has his own tactics to win the case. If you are residing somewhere in Los Angeles and you need a criminal defence lawyer with best strategies, try to meet some available lawyers and ask them about how they fight the case. Los Angeles criminal defense lawyer is very easy to find if you know the needs and demands of your case.

On what basis does a criminal lawyer choose the defence strategy?

Every lawyer has his own strategy to win the case. A lawyer can change the strategy according to the nature of the case he is going to fight. Here are few factors on the basis of which, a criminal lawyer sets a strategy:

  1. History of the judge he is going to represent his case before
  2. Type of charge on the client
  3. Physical evidences to prove the points
  4. Details of witnesses and testimony
  5. Explanation of the defendant about the case for which he has been charged

Depending on the nature of the case, a criminal defence lawyer should be smart enough to determine which strategy is going to be work in a best way for him. In most of the cases, it is the strategy that defines whether the case will be successful or not.

So, while you choose a lawyer for your defence, make sure that the chosen lawyer has a good strategy to implement and he is also able to immediately change the strategy if he finds the existing strategy is not working.

However, it should also be kept in mind that it is not the job of the client to choose the strategy. A lawyer knows better about how and which strategy should be implemented on the basis of circumstances.

Hiring a criminal defence lawyer when you have been charged for any crime is inevitable no matter how smart you are. All you need to do is consider different attributes while choosing the attorney. Choosing the tactics to make you free from the charge is the job of your attorney who is being paid.

Here we are going to provide you some of the best strategies shared by some professional criminal lawyers used by them in order to free their clients from the charges.

photo/ jessica45

The client’s identity was mistaken:

In most of the cases, the client faces the charge due to false accusation. Sometimes, the witness identifies the wrong person because that person was quite similar to person who committed crime. Sometimes, the client faces the charge due to the assumption of the witness. The witness assumes that the wrongly identified person would be the criminal because of varied circumstances.

The client committed the crime under duress

Sometimes, the crime is committed when a person feels himself to be in danger and finds no way out. According to law of most of the states, the crime committed in a dangerous situation in which the client was in the risk of harm is not considered as a crime. Moreover, any criminal activity conducted under pressure is also not considered as a crime because the guilty person’s consent was not involved in it.

 

The crime was committed by accident:

The crime conducted by accident is not considered as a deliberate crime. For such crimes, the lawyer can take steps to save his clients from the punishment of the law. Even if the crime was not done accidently, the criminal lawyer can prove it to be an accidental action which can be a solid defence strategy to save the client from charge.

Misconduct was seen during investigation:

In many cases, the police commit misconduct due to which the person under investigation accepts the crime under duress. The police try to pressurize the person in order to convince him for accepting that he is guilty for the crime.  

If it happens, the misconduct of the police is considered as a serious offense. The purpose of misconduct in most of the cases is to cover up the mistake that they have made during the investigation earlier. 

The type of misconduct committed by police include handling the guilty person inappropriately, forcing the witnesses, embellishment of the facts before representing them before the court and a lot more. 

The action of the police to misbehave with the suspect is unacceptable for the court. If the criminal defence lawyer succeeds in proving the misconduct of the police to pressurise the suspect, he can easily make it possible for the client to get the leverage from court.

The suspect was forced for false confession:

Police in many countries is known for its coercion for false confessions from suspect. The police use different tactics such as mental torture, or physical threats in order to force the innocent suspect for false confession.

In general, the police target the juveniles who are underage and more vulnerable to the pressure of police. The lawyers often use this technique since it compels the court to reject the confession.

The client’s charge is doubtful

Another very strong tactic used by the criminal lawyers is to prove in the court that the charge on the suspect is completely doubtful. According to the law of United States, the standard of evidence should be very strong for the strong case. Since the guilty person is given the punishment of imprisonment, there should be strong evidence so that court can take that huge decision that would cause the loss of liberty. The evident should be convincing enough so that no one can question the guilt.

The client was trapped for committing offense:

The strategy of proving the entrapment especially when the client is juvenile is very strong. The criminal defence lawyers often prove in the court that the citizen was forced to confess the crime. The lawyer can easily use this tactic when the client has always been a law-abiding citizen. Proving the enforcement of someone for conducting the violation of the law is very good technique used by most of the criminal lawyers.

This strategy is best to be used when the client has been charged for child pornography or drug related offense.

The client was accused falsely

It is one of the very common strategies used by lawyers to prove that the client was falsely accused. This is the best strategy to be used when the case is not supported by any strong and tangible evidence. However, the lawyer will have to provide some evidences in order to prove that the accusation was wrong. He can also take steps to make the credibility of the accuser doubtful.

The accused person committed crime for self-defence:

Many crimes are conducted on account of self-defence. The purpose of the self-defence is to keep away with the harm. For example, a girl accused of murdering someone can claim that the person she has killed was trying to rape her. She killed him for self-defence because there was no one to save her. In such a situation, the case allows the self-defence.

The lawyer can prove that the crime committed was the only alternative act that was left behind to save oneself. This type of necessity to commit the crime should always be proved with the help of evidences. The criminal lawyer should be able to prove in the court that the act of crime was a self-defence act.

Apart from self-defence, the criminal act can also be justified as an act that was committed for defence of others. If the other person was in the danger and the guilty person helped him by committing a crime because of not having enough reasonable choices, there is a likelihood of the court decision to be in the favour of guilty person.

The guilty person was intoxicated forcefully:

An illegal act is always considered as a crime when it is done with the consent of the person. However, the defendant was intoxicated by someone else without any consent; the criminal lawyer can defend him easily.  

The involuntary intoxication is of many types. Sometimes, a friend or a family member mixes a drug into the drink of the defendant in order to make be intoxicated. A doctor in many cases also prescribes a drug to the patient without telling the patient about the side effects of the drug. That drug causes the patient to be intoxicated unknowingly.

It is a very strong point that can be raised in the court. However, the lawyer can only use this strategy if he is capable of proving in the court that the defendant did not take any drug or alcohol for intoxication.

These are some of the common strategies used by criminal lawyers for saving the defendant from the possible punishment. The lawyers can also use more than one strategy at a time. Sometimes, using these strategies can worsen the case. So, a lawyer should know which strategy to use where.

Author: Michael Wright

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