In order to win against criminal charges, there are many criminal defense strategies and tactics that lawyers can use. A criminal defense lawyer who’s skilled and successful will review the circumstances and facts of a case, then pick the best tactics.
Each case is different, and a good attorney considers every single factor in order to develop a successful case. Some of the most renowned criminal defense lawyers are located in San Diego. San Diego Defense Pros is one that is located just south of Hollywood.
The following are some of the best strategies for criminal defense attorneys.
Entrapment
Entrapment occurs when a citizen who normally abides by the law commits an offense due to coercion, intimidation, or persuasion by law enforcement or other parties to commit a violation. This often occurs during police operations that are undercover and is raised as a defense in court for offenses that include child pornography, prostitution, or drugs.
Police Misconduct
Unfortunately, misconduct does occur during investigations by law enforcement officials. There might have been a mistake during the first investigation that police want to cover up, or they believe someone is guilty, and misconduct occurs as they attempt to create a stronger case. This type of misconduct comes in different forms, and the common ones are:
- Creating false testimony or falsifying facts while in the courtroom or within reports
- Doctoring, planting, or incorrectly handling evidence
- Coercing suspects or witnesses
- Using pepper spray, tasers, or other means of force that is unnecessary on subjects who were being cooperative
If a good lawyer proves misconduct by the police, that may lead to a dismissal of the case, or to a civil rights claim that will seek damages.
False Confessions or Compelled Confessions
It’s been known that police may coerce wrongful admissions from suspects who are actually innocent by employing different strategies such as starvation, sleep deprivation, or physical and mental threats. People who are young are especially vulnerable to this. If a defense attorney can prove coercion, the admission will be tossed and no longer considered to be evidence.
Self Defense
To argue self-defense, the harm that was feared must be proportionate to the force that was used against someone who was intruding. It is a valid defense, if you argue that the person who used force was facing danger and only did what was necessary to avoid that danger in a situation where escape was not an option.
Falsely Accused
It happens often that someone is accused of things they didn’t do. Accusations of sex crimes, domestic violence, and child abuse can occur even if there is no physical evidence involved. Good lawyers can retract these accusations, show that they were false, or create doubt surrounding the accuser’s credibility.
The Insanity Plea
A criminal element that is required in most cases is that the offense must have been committed with willful intent. If this is not true and the accused is legally insane, they can’t be found guilty. There are several legal methods of testing for insanity, as well as definitions. For example, the M’Naghten Rule makes it clear that in order for the accused to be declared insane, they must either not understand why what they did is wrong, or not understand why it is a criminal act.
