If you have ever seen an episode of Law and Order, you might think that an attorney’s job is fairly cut and dried. Television often gives us the impression that an attorney defending an innocent person will need only the truth to win their case. It also gives us the impression that an attorney defending a guilty person will have to lie to secure their client’s freedom. According to https://strolenylaw.com/, real criminal trials are much more complicated than this.
When a person goes to law school, they will take classes in criminal law to learn the basics of defending a person accused of a crime. Their training will include how to look for holes in a police investigation. They will become familiar with the legal protocol that the police must follow when investigating a case. Law students will also learn how to prosecute a person charged with a crime. They will be trained in what is considered legal evidence and how to collect that evidence properly.
A law student will also take classes in litigation, where they will learn several different defenses that they can use to best serve their clients. If you or a loved one has been accused of a crime, it can be helpful to know what the most common defenses are.
Violation of Rights
One of the best ways to win a case is to never go to court. The first thing a defense attorney will look for is any violation of their client’s constitutional rights. They will make sure that the client was properly Mirandized and that all of the evidence being used in the case was legally obtained. If the police have not done their job properly, an attorney will be able to get the case thrown out before it ever sees the light of day.
The most basic defense a lawyer can use is that an accused person is innocent of a crime. The prosecution has to prove that a defendant is guilty beyond a reasonable doubt. If the prosecution’s case is weak, an attorney will often try to use this simple defense.
No one can be in two places at one time. Hence, if an attorney can establish that their client was somewhere else when the crime took place, they can usually get that client acquitted. An attorney may use everything from testimony from friends and family of the defendant to things like movie stubs and grocery store receipts to establish an alibi.
What if the accused person was caught red-handed?
There are some situations where it is impossible to say that a person did not do what they are accused of. If someone was caught holding a smoking gun or a bloody knife, an attorney might not be able to argue that person did not commit the crime. However, a lawyer may be able to argue that their clients simply did not have a choice.
Self-defense is a common argument a lawyer will use in a case of home intrusion or domestic abuse. If a person shot someone, a lawyer will try to prove that the shooter was trying to defend their home from an intruder. If the defendant called someone and threatened them, a lawyer may try to prove that the person threatened their client first. A self-defense strategy may be used when a person is concerned for their safety or their family’s safety.
Sometimes, a person will commit a crime because they lost control of their faculties. They might hurt someone or even kill them if they are paranoid and think that a person is out to get them. Some schizophrenic people have said they were driven to murder because of voices in their heads telling them what to do.
A person who’s a kleptomaniac might have an overwhelming urge to steal even though they do not have an economic need to do so.
Necessity is used most often in defense of someone who has stolen money or property. If a person steals food to feed their family, the crime will be considered a misdemeanor, and they are unlikely to get a very severe punishment. An attorney should easily be able to argue that they simply had no choice but to commit the crime.
Getting accused of a crime is one of life’s most terrifying experiences. A good attorney will know what defenses to use in your case. They will work hard to get you acquitted or at least get you the very lightest sentence that they can.