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What is a criminal defense strategy?

If you’ve been charged with a crime, expect to spend some time talking to your attorney about your defense strategy.

What the best strategy will be will depend upon the particulars of your case. No two cases are ever exactly alike. However, you can expect your defense to involve at least one of the following strategies:

1. Showing that the evidence against you is invalid.

Invalid evidence can result from improper searches and seizures, in which case the court may refuse to allow the jury to hear about some of the evidence against you.

However, another common tactic is to question the actual worth of any evidence that is admitted. For example, if you’re charged with a DUI based on a breathalyzer test, your attorney may try to show that the test results were inaccurate because the machine wasn’t calibrated properly. If you’re charged with robbing a bar, your attorney may question whether or not any of the witnesses were sober enough to accurately identify you.

2. Presenting the truth in a better light.

Your attorney can’t lie for your or knowingly allow you to lie on the stand — but the truth of a situation often depends on your perspective.

For example, the prosecution may claim that you viciously assaulted another man for no reason when you were actually responding to some threat from the other person by trying to protect yourself or someone else. If the facts of your case can support either story, that may be something to consider.

3. Lessening your culpability and negotiating.

Sometimes the facts of the case do show that you’re guilty of a crime — just not the crime you happened to be charged with committing.

Many times, a defense strategy may involve getting the prosecution to consider lowering the charges against you or offering you a lighter sentence in exchange for your guilty plea. While this might not be the most ideal solution, it may be the best possible one available under the circumstances.

For more information about what types of strategy could be the best for you, talk to a criminal defense attorney today.

Source: FindLaw, “Criminal Defense Strategies,” accessed July 10, 2017

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