Friday, March 30, 2012
Selecting a Criminal Defense Plan
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. See Boston Criminal Lawyer. This is extremely important and can be a deciding factor in many court cases. 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. In order to do this, you will need at least one credible witness who will, under oath, place you elsewhere when the crime of which you are accused was committed. Your lawyer may also try to provide other evidence that proves you were not at the location of the crime. If, for example, you are trying to prove you have an alibi, try to find photos that are time stamped.
3. In the majority of states, you can attempt to utilize the insanity defense. This strategy, though, makes it incredibly challenging to win the case. There are also vast amounts of preparation involved. For example, you will need to be evaluated by several court-appointed psychiatrists. See drug attorney. These evaluations can stretch for several months.
Then, at your trial, every psychiatrist with whom you met will have to assert that you are truly a victim of insanity. Frequently, this technique is not effective since the defense must prove beyond a reasonable doubt that the defendant was not aware of the difference between right and wrong at the time of the crime. This is extremely difficult to do, especially if one or more of the psychiatrists does not agree that the defendant is insane.
4. Another prevalent form of criminal defense is self-defense. In these cases, lawyers argue that the defendant's own life was in imminent danger. The defense often wins these cases if the lawyer can convince the jury that his or her client was likely going to die.