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What Criminal Defense Technique is Right for Your Case?
If you are facing criminal charges, there is a good chance that you feel a wide range of emotions from sadness to extreme fear. This is undoubtedly a difficult period in your life. It is crucial to speak to your criminal defense lawyer as soon as possible after the charges are filed. In having this conversation quickly, you will still clearly recall all of the events surrounding the crime of which you are accused and can talk to your lawyer logically and coherently.
After your attorney understands the evidence against you and what really occurred, he or she will start forming a criminal defense technique to be used during your trial. Trials are often won or lost based solely on the strategy the defense selects. Below, you will find a list of common criminal defense strategies.
1. If you plead guilty, you will not need to go through a jury trial. In these cases, your criminal defense attorney's role will simply be to try to get the judge to give you as lenient of a sentence as possible. For instance, the defense's strategy may be to argue for a plea bargain with the prosecution.
2. One of the most popular criminal defense strategies is to try to prove to the jury that the defendant has a viable alibi for the time of the crime. This defense strategy requires you to have at least one reputable witness who will swear on the stand that you were at another location when the crime with which you are being charged was committed. Your lawyer may also try to provide other evidence that proves you were not at the location of the crime. For instance, photographs with a time stamp are excellent evidence in an alibi case.
3. In most states in America, your defense attorney can opt to enter the insanity plea. However, this is an extremely difficult defense tactic with which to win a case. There are also vast amounts of preparation involved. For instance, you will have to be assessed by a variety of psychiatrists appointed by the court. This process can take months.
Subsequently, every psychiatrist who assessed you will have to state on the witness stand that you are actually insane. This defense strategy rarely works well since it must be proven that the defendant did not know right from wrong when he or she committed the crime in question. This is no easy task, especially if even one of the psychiatrists doesn't agree that the accused suffers from insanity.
4. Another prevalent form of criminal defense is self-defense. In cases where this defense method is used, the attorney must prove that the defendant was facing certain death if he or she did not act promptly. If the defense attorney is able to prove that the accused was actually facing life threatening harm, the defense frequently prevails in these trials.
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