Those facing criminal charges often feel compelled to plead guilty. Even if they insist that they did not break the law, they may fear the worst-case scenario should they take the case to trial. Prosecutors have a tendency to bring as many charges as they can and the most severe allegations they can justify based on the circumstances.
For those who do not want to gamble with their future by pleading guilty, partnering with a criminal defense attorney to develop a strategy may be the best option available. There are many ways that people seek to defend against allegations of criminal activity. The three strategies below are among the most common.
Excluding specific evidence
Police officers and other investigators have to adhere to strict standards when they attempt to collect evidence or question an individual. Illegal searches and inappropriate interrogation tactics could result in unusable evidence. A criminal defense attorney can use the exclusionary rule to ask the courts to set aside evidence gained through misconduct.
Raising questions about the evidence or the state’s analysis
In some cases, forensic specialists employed by the state may have used outdated and scientifically questionable systems to interpret evidence. Other times, there may have been questionable practices employed when gathering evidence or securing a crime scene. Issues with the chain of custody or with scientific reports produced by the state could raise questions about the accuracy of the evidence. Expert witnesses hired by the defense team could also undermine the evidence gathered by the state.
Changing the narrative
Sometimes, the state has relatively strong evidence, but there may be special circumstances. An individual accused of a violent crime might be able to show that they acted in self-defense, for example. Changing the narrative around an incident can be a way to raise a reasonable doubt about an individual’s involvement or their intentions. Actions that may initially look criminal may have had a perfectly reasonable and legal explanation.
There are many defense strategies available to those facing criminal charges. The three above are merely some of the most common approaches, but there could be other options available as well. Discussing pending criminal allegations with a skilled legal defense team can help people develop the best strategy given their circumstances.