If you’ve been accused of a crime, it’s important to build a criminal defense strategy. With a good strategy, you can maximize your chances of beating the charges and potentially line yourself up for a reduced sentence if you can’t beat the charges.
But what exactly does a criminal defense strategy consist of? And how should you build one?
How to Build a Criminal Defense Strategy
If you want to build a good criminal defense strategy, these are the most important tools in your arsenal:
· Get a lawyer. The moment you’re accused of a crime or arrested, you should make your top priority contacting a criminal defense attorney. If you’re in police custody, insist on getting a lawyer as soon as possible. If you’re free, call a lawyer as soon as possible. Your lawyer is going to be your best friend during this process, as they can help you understand your situation, give you legal advice, and work on your behalf to build the best criminal defense strategy possible. Seek the best lawyer you can afford and take their advice very seriously; in most cases, the better you follow your lawyer’s direction, the better position you’ll ultimately be in.
· Stay quiet. You have a right to remain silent – and you should definitely take advantage of it. The police can and will lie to you. They will be aggressive in their questioning. They will do everything it takes to get you to confess – and they may attempt to maximize the criminal charges against you. Even if you consider yourself charismatic and persuasive, and even if you’re totally innocent of the crime of which you’re accused, your best course of action is to simply remain silent. Only answer questions that your lawyer instructs you to answer, and only answer them in the way your lawyer instructs you to answer them.
· Bide your time. Finally, bide your time. Criminal proceedings often take a long time, and they’re probably going to test the limits of your stress tolerance and patience. Try to remain as patient as possible during this process, and always act deliberately and rationally.
The Elements of a Criminal Defense Strategy
Together with your lawyer, you can work on the elements of your criminal defense strategy. Many of these elements are designed to help you prove your innocence, minimize the weight of the evidence against you, or put you in a better position when it comes to sentencing.
· Alibis. You might be able to escape conviction if you can demonstrate a sufficiently powerful alibi. For example, if you have concrete proof that you were in a different state when the alleged crime occurred, it will be practically impossible for the prosecution to prove beyond a reasonable doubt that you committed the crime. Some alibis are stronger than others, so work with your lawyer to figure out the best strategy.
· Self-defense. If you were accused of a violent crime, you might be able to claim self-defense. If someone was acting in a way that imminently threatened your physical safety or the physical safety of others nearby, your violent actions might be perfectly acceptable. Keep in mind that self-defense works differently in different jurisdictions.
· Consent. Consent is another defense to certain types of crimes. For example, if you’re accused of criminal trespass, but you can show that the property owner consented to you being there, you might be able to have the charges dismissed.
· Insanity. In rare cases, you might be able to plead insanity. If you can show that you are not mentally sound or mentally competent, you might be able to avoid going to prison or lessen the charges against you.
· Entrapment. Entrapment occurs when law enforcement officers engage in a way that incentivizes a person to commit a criminal act that they would not have committed otherwise. If you can show entrapment, you might be able to have your charges dismissed.
· Rights violations. If your rights were violated at any step of the process before, during, or after your arrest, you might be able to walk free.
· Evidence legitimacy. Together with your lawyer, you can challenge the legitimacy of the evidence against you. For example, you might be able to show that certain documents were fabricated or that certain witness statements are inadmissible.
· Plea bargains. A plea bargain is an agreement in which a defendant pleads guilty in exchange for lesser charges or lighter sentencing. If you can’t find a way to beat the charges, this might be your best strategy.
With these strategies, you may be able to eliminate the criminal charges against you. Even if you can’t, you can at least line yourself up for a lighter sentence. As long as you keep working with your lawyer and following their advice closely, you can maximize your chances of success.
