Friday, March 30, 2012

What Is the Basis of Criminal Defense Strategy?

No matter how hard any of us may try, in it is inevitable that we all will make some sort of mistake at some point in life. Though these are usually very minor and often known only to ourselves, occasionally our mistakes may get us in trouble with the law. Whether it is something as small as a traffic violation or something more serious, like an assault charge, we may have to present a criminal defense before a judge and, perhaps, a jury. Because we can never really know what will happen in the future, it is always good to be prepared now by knowing exactly what a successful criminal defense process entails.

Because of the struggling economy, it may initially seem like a good idea to represent yourself in a criminal defense case, but very rarely will this be successful. See Attorney Boston. Especially for more serious charges, but even for minor traffic violations, it is always better to be represented by a qualified criminal defense attorney. Your first bet may be to ask a trusted friend or family member for a good referral, though you should still do the necessary research and follow up yourself. Ideally, your criminal defense attorney should be fairly skilled, with a adequate experience and a good reputation, as well as a proven successful defense record.

While charges and the circumstances surrounding them may seem similar, there are no two cases that will be exactly alike. Given different jurisdictions, prosecutors, and judges, a strategy that was successful in one case could also be a losing strategy in another seemingly identical case. You will want to meet with your criminal defense attorney as often as possible to discuss every nuance of your case, as to build the most appropriate defense strategy in light of the whole situation. Working together as a team will increase your chances of success, though you are the one on trial.

Using her professional knowledge and experience, your criminal defense attorney will assess your case's details and options to determine whether you should plea guilty or not guilty. When you plead not guilty, your attorney must then put all available resources to work in order to convince the judge or jury that you are innocent. As you are innocent until proven guilty, it is up to the prosecution to show beyond reasonable doubt that the evidence is proof of guilt. See drug attorney. If it is best for you to plead guilty, then the task of your criminal defense attorney is to somehow negotiate for a lesser charge or the most reduced sentence possible.

Even if we all do make mistakes, certainly none of us looks forward to defending ourselves in a court of law. In the most ideal situations, you will have a great criminal defense attorney long before you ever get into a situation of needing one. However, for this to happen, you have to take it upon yourself to do the necessary research and evaluations to locate and retain the best attorney you can afford.

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