A criminal defense strategy for your criminal prosecution will emerge as your criminal defense attorney finds out more about what the prosecutor plans to do in your case. If a prosecutor lays out a story that has the defendant at the scene of the crime, the defense attorney will probably ask questions that may lay out a different story showing the defendant at another location. Additionally, how the criminal defendant acts and answers questions that the prosecutor poses can also change the criminal defense strategy.
The best criminal defense strategy comes when the defendant and the defense attorney present a story that is based in truth and shows the defendant in the best light possible. Depicting a story in a better light could lead to a plea bargain, conviction on a lesser charge, or even a finding of not guilty.
A prosecutor and a defense attorney can both use the same foundation of factual events and come up with two completely different stories. It’s up to the attorney and the defendant to come up with the best story possible for the defendant’s situation. The end story should have such characteristics as: 1) Being based in a truthful foundation of evidence; 2) Having the ability to gain sympathy from the judge or the jury and 3) Explaining and proving why the events that occurred in the defendant’s story were the actual events.
After the criminal defendant tells their story to their criminal defense attorney, they will probably collaborate to come up with a strategy that will work best. Coming up with a defense strategy isn’t as simple as telling the truth in a way that shows the defendant’s innocence or lessened legal culpability. Instead, it will often involve weighing witnesses’ credibility, figuring out the reputation between the community and the police. All of these considerations will go into making a “theory of the case” that will be based upon the defendant’s story as well as other provable facts.
This story would best be classified as a “confession” story because the defendant knew about the crime and was present while it was committed. However, the defense strategy would most likely be based upon a theory that the police used a weak eyewitness’s account to make a stronger case then they should have and bullied the defendant into giving a confession. This is a theory that is based in truth and shows the defendant in a better light.
The defense attorney would probably file a pre-trial motion asking for the confession to the police to be omitted from the record because the police engaged in an unconstitutional questioning by not reading the defendant a Miranda warning. In addition, the defense attorney would also probably try to question the eyewitness and show that the identification was so flimsy that it would not establish “beyond a reasonable doubt” the true identify of the perpetrator. This theory could have its goal for the case to come back with a verdict of not-guilty, or for the prosecutor to offer a plea bargain to a lesser charge.
Furthermore, Defense attorneys should tell clients about various pieces of information about the prosecution’s case so that the defendant knows what kinds of evidence they need to produce. For example, suppose that Dennis has been charged with conspiracy to commit armed robbery. Dennis’ attorney could tell him:
Another reason that defendants should tell their defense attorneys the complete truth is that it could lead to a lesser charge. If, for example, a defendant is charged with armed robbery, and the defendant tells his attorney that, yes, he did rob the store, but not with any weapon, this could reduce the charge to simple robbery, a much less serious crime in terms of potential jail time.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.