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Home » Blog » Seventeen Lawyer’s Strategies on How to Defend a Person
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Seventeen Lawyer’s Strategies on How to Defend a Person

By Legal Desire 12 Min Read
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Lawyers know better about defense tactics, but one thing’s for sure, they fight, and they win. He has this important job to choose one tactic that’s going to save you. For that, he needs to know the facts of the case. He needs to take into account the explanation of the defendant on how the event happened and, more importantly, why; the testimony of the witness, together with their credibility and reputation. Also, the facts need to be provable. He has to take a look at the police investigation reports and errors. He also has to keep in mind that there could be a third-party testimony and report. Then he has to think about the other part: the strategy of the prosecutor and the judge’s case history. However, no case is alike, so the strategy needs to be well thought in order to win.

In case you might be looking at prison time, you need the best lawyer you can get. Perhaps a Los Angeles Criminal Lawyer will come in handy.

 

The address is: Los Angeles Criminal Attorney

“Los Angeles Criminal Attorney

516 N Larchmont Blvd #1

Los Angeles, CA

424-333-0943

https://www.losangeles-criminalattorneys.com”

 

Here are some of the best strategies that a lawyer can use:

They have the wrong person

Incorrect accusations come from wrong witness identification. It happens more than you think, and it’s due to the fact that you may look like a criminal perpetrator. Also, the witness can only assume that you committed a crime, just because you were there at the wrong time. Or maybe, they’re trying to cover themselves for a crime that they committed. Your lawyer should find a way to show the jury that they have the wrong guy.

It was an accident

Many of the offenses are actual offenses if the person intentionally did the crime. Your lawyer should figure out a way to show that it was an accident – this way, you’ll get defense when it comes to the charge.

It was dangerous for you

If you did the crime because you thought you were in danger, your actions are not really considered a crime. It’s called self-defense.

You have an alibi

You cannot be held accounted for a crime you did not commit because you were somewhere else. If you and your lawyer can find an alibi, you’ll show the jury you did not commit the crime.

Entrapment

This usually happens when you commit an offense because you were intimidated, or if the law enforcement got way too far to make someone break the law. It’s the same with undercover police officers.

Lawyers usually use this reason when it comes to drug offenses, prostitution and child pornography.

Police misconduct

There are some cases in which this can happen – police committing misconduct. Sometimes it happens because they want to cover an error they made while investigating a case, or they are just sure that you are their person, without any other reason.

They can lie while on the stand, during testimony and in reports, they can plant pieces of evidence, they can even use pepper spray (or worse – tasers) on you.

False confessions

As said earlier, police can do a lot of harm, and that includes false admission when it comes to innocent people – they use physical threats (sleep deprivation, starvation), or mental tactics.

If your lawyer can show the jury any piece of evidence that what they did was coercion, then you will get out of it.

Probable cause

When there’s no probable cause, the defense can, and will file a motion to overturn any evidence that got into their hands wrongly.

You were falsely accused

Unfortunately, this is very common – you get accused of something you did not do – and we’re talking sex crime, domestic violence, child abuse (all of them with no physical pieces of evidence). Your lawyer needs to get a retraction of the accusation, or simply show some pieces of evidence that they got it wrong, you’re not the guy and you were falsely accused.

Mistake of fact

If the crime was made due to an honest mistake or a reasonable reason, then you will not be charged for it. Let’s give a proper example: you took someone’s property because you believed it was yours.

It was necessary

This has to do with self-defence. If you believe that person was a danger to you or to others and you had nothing to do but stop that person this way, then you’ll be free. However – and here’s a big however – this fact should be proven with concrete evidence. Meaning you cannot go kill someone and say it was self-defense without showing that the person was going to do harm to others.

You got intoxicated

If you got involuntarily intoxicated, this is shown as a complete defense of any type of crime. Let’s take a proper example: someone puts some kind of drug in your drink. Or, your doctor prescribes you pills without making you aware of the side effects. However, you need to prove that you did not drink or take any drugs from your initiative.

You plead insane

You cannot be found guilty if you were legally insane when you committed the crime. It’s all about willful intent. This is known as an M’Naghten rule and it’s applied when the person was not aware of the nature of the act and did not understand that what he did was wrong. However, there are some states that do not allow this defense, such as Montana, Kansas, Utah and Idaho.

There are other states that use some legal tests on insanity, such as Durham Rule, Model Penal Code Test, and Irresistible Impulse Test.

Double jeopardy

In the US Constitution, it’s written that the citizens are protected from the law if the committed the same crime and if they face more than one punishment for the same crime. You will not get a second trial if you committed the same crime twice. With all of these being said, if you committed a crime, even if there’s new evidence, you will not get accounted for the second time.

 Statute of limitations

The thing with the law is that it cannot just rely on pieces of evidence that may not exist in time, or that has deteriorated with time. So you cannot get charged with a crime, if it took place a really long time ago.

If the statute’s time has run, you are free. This requires a person to be in the state where the crime was committed, for the person to be employed and not hiding under a secret identity.  The statute of limitation gets established by every state, and the limits can be different. Let’s take a clear example: California.

For murder, offenses that are punished with death or life in prison, or misappropriation of public money, there is no statute of limitation.

For six years, for crimes that are punishable with 8 or even more years in prison.

For three years, for crimes that are punishable with less than eight years, or misdemeanor violation that was committed on a minor that’s under 14 years old.

For two years, for misdemeanor sexual exploitation that was made by a doctor, therapist or physician

For one year, for any other misdemeanors.

The constitutional periods don’t really start until the offense is discovered. It can also be extended for even up to 3 years if the accused is not in the state.

They go beyond a reasonable doubt

The US Supreme Court, in a case, showed that the Constitution of the United States of America has to have the government to meet the “beyond reasonable doubt” legal standard when it comes to proving guilt on a criminal charge. This goes for both juveniles and adults.

If the consequences are serious, then the standard of proof gets higher. Criminal convictions mean the loss of liberty, because you have to go to prison, so it applies to it.

The whole thing with the beyond reasonable doubt standard stays in the fact that, when a person is on trial, no one that’s reasonable would ever question the defendant’s guilt. This means that the jury, and sometimes also the judge have that moral certainty that the specific person is guilty and that there are no pieces of evidence that can give a logical explanation on how the person committed the crime.

This actually comes in the favor of the defendant, since they have to come to a reasonable doubt about the key parts that are compulsory for the crime to be made. Lawyers find a way to make the jury think that it’s not enough that the person committed the crime. They also need to involve moral and their thoughts, but after they’ve seen all the facts and after there’s no doubt remaining that the specific person is found guilty. All the 12 jurors should agree on the same verdict in order for the person to be convicted.

The address is: Los Angeles Criminal Attorney
 
“Los Angeles Criminal Attorney
 
516 N Larchmont Blvd #1
 
Los Angeles, CA
 
424-333-0943

 

 

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Legal Desire November 7, 2018
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