Strategies Used By Criminal Defense Attorneys To Achieve The Best Possible Outcome
People charged with a criminal offense need the best lawyer they can afford. They must have excellent legal representation to achieve positive results, even if that means having to plead guilty in exchange for a better outcome. Criminal defense attorneys use a variety of strategies to help their clients.
Initially, the lawyer's focus may be on persuading the prosecuting attorney to drop the charges or the judge to dismiss the case. A criminal defense attorney investigates how evidence against the client was collected and handled. Someone might have been careless during the collection of evidence or its chain of custody. If this is the case, the attorney needs to learn whether a search of the defendant's vehicle or home was illegal in any way.
Not being read the Miranda rights when taken into custody can be cause for case dismissal. The defendant does not have to be arrested for the Miranda rights rule to be pertinent. Being taken into custody and not allowed to leave for any length of time also qualifies.
Those initial efforts do not always succeed. In that case, the attorney and defendant decide whether pleading not guilty and preparing for trial is reasonable. The other option is a plea deal.
If the evidence against the defendant is strong, negotiating a deal with the prosecution may be the most constructive option. The defense lawyer will recognize if the odds of winning in court are relatively low. Many criminal cases end this way.
Prosecuting attorneys commonly are under pressure to avoid trying cases in court because dockets tend to be full. Defendants receive steeper penalties if found guilty by a jury.
An agreement between the prosecutor and defense lawyer might even allow the defendant to avoid jail time altogether. Instead, a probation sentence would be issued. This person can continue with normal life instead of spending time behind bars.
Proceeding to Trial
A criminal defense attorney prepares to try the case in court when winning is probable or when clients insist on this option. These lawyers will work to convince jury members the defendant is not guilty. The goal is to create reasonable doubt among all jury members.
The lawyer emphasizes the lack of solid evidence and, when applicable, the defendant's good character and crime-free background. The defense attorney wants the jurors to believe in the distinct possibility that another person carried out this crime. For more information about criminal defense, contact a criminal defence attorney.