Facing criminal charges can feel scary and paralyzing. But once you get over the initial shock, it becomes important to immediately shift all of your energy toward hiring a criminal defense attorney and building a strategy to defend yourself.
Here are some effective strategies to build a robust defense against criminal charges.
- Hire the Right Attorney
Start by finding an attorney who specializes in criminal law and has experience handling cases similar to yours. A good defense attorney can make a huge difference. They should not only understand the law inside and out but also be someone you trust to fight for you. Your attorney will be your main guide and advocate, so it’s important to choose someone who feels right.
Yes, experience and skill obviously matter the most. But there are plenty of highly trained attorneys out there – so you won’t have trouble finding one of those. The less appreciated (but all-important) factor is finding someone who makes you feel understood and at ease. You’ll be spending a fair amount of time with your attorney during this process – make sure you trust them.
- Gather and Preserve Evidence
It’s easy to feel overwhelmed when you’re facing criminal charges. Any little thing can set you off at any given moment. But it’s important to keep things in perspective.
“Thankfully, the burden of proof falls on the prosecutor to establish beyond a reasonable doubt that you are guilty of the crime with which you’ve been charged,” Raybin & Weissman, P.C. explains.
Your most effective way to prevent the prosecution from establishing guilt beyond a reasonable doubt is to come into the case with as much evidence as you can. Work with your attorney to gather as much physical evidence, digital data, and documents as you can to support your case. It’s also important to preserve this evidence correctly. (Your lawyer can help with that, too.)
- Secure Witness Statements
Witnesses can play a critical role in your defense. If there are people who saw what happened or can vouch for your whereabouts at the time of the alleged crime, their statements will be invaluable. Your attorney will know how to effectively gather and present these statements to support your case – you just have to make your legal team aware of who these witnesses are.
- Utilize Character Testimonials
Character testimonials are statements from people who know you well and can attest to your ethics, beliefs, and “track record.” These can be incredibly supportive, especially in cases where character is a key element.
Testimonials might come from employers, community leaders, neighbors, or family members who can speak to your integrity and ethics. The more the people involved in the case hear stories and personal anecdotes about you, the more it humanizes you in the eyes of the court. This can be particularly influential in close cases where guilt and innocence are questionable.
- Challenge the Prosecution’s Evidence
A cornerstone of any defense strategy is to examine the evidence presented by the prosecution. Your lawyer should scrutinize how the evidence was collected and whether it holds up under legal standards. Challenging the credibility, reliability, and legality of the prosecution’s evidence can lead to key pieces of evidence being deemed inadmissible in court. (This obviously has the effect of weakening the opposing case.)
- Question the Legality of the Arrest
Another crucial defense strategy involves questioning the legality of your arrest, say the experts, or the methods used by law enforcement during evidence collection. This includes examining whether there was probable cause for the arrest and whether any searches and seizures were conducted legally. If rights were violated during the process, your attorney could file a motion to suppress the evidence.
- Consider Plea Bargains
Sometimes, the best strategy may involve negotiating a plea deal, according to this source. If the evidence against you is strong, your attorney might advise negotiating with prosecutors for a lesser charge or a lighter sentence.
If you’re innocent, you might wrestle with the morality of a plea deal. After all, you want to make sure everyone knows you’re innocent. However, even in cases of innocence, there’s a lot of uncertainty with a trial. Sometimes you have to do what’s best for your long-term future, even if it means accepting some minor consequences for something you didn’t do.
Always Prepare With Trial in Mind
With a strong criminal defense strategy, the hope is that your charges are dropped or you’re able to reach a favorable plea deal before the case goes to trial. However, a certain percentage of cases do go to trial, and you need to prepare as if yours will be one of them.
Preparing for trial means knowing what your defense will present, what the prosecution is likely to argue, and having a clear plan for how to respond.
With that said, you should work closely with your attorney to ensure your defense is being built with the possibility of trial in mind.
