Those accused of breaking the law have the right to respond in court. They can retain the services of a criminal defense attorney to counter the state’s allegations against them.
There are dozens of potentially viable ways to respond to pending criminal charges, but most defense strategies fall into one of three primary categories. Many people responding assertively to pending criminal charges choose one of the three approaches below.
How can people try to avoid a conviction when accused of breaking the law?
1. Eliminating the state’s evidence
Police officers must follow the law and uphold the civil rights of those accused of criminal activity. In scenarios where there is clear proof that police officers or other investigators did something inappropriate, defense attorneys can prevent the courts from considering certain evidence.
Under the exclusionary rule, lawyers can challenge the use of evidence gained through misconduct. If police officers break the law or violate an individual’s civil rights, their actions can compromise the state’s case.
2. Building a traditional criminal defense
When a prosecutor brings criminal charges against a defendant, they need relatively strong evidence supporting their allegations. Specifically, they need proof beyond a reasonable doubt that the defendant broke the law.
A traditional defense strategy raises questions about whether a defendant broke the law or not. Developing an alibi, proposing an alternate suspect and reinterpreting the state’s evidence can all be components of a straightforward defense strategy.
3. Mounting an affirmative criminal defense
There are many circumstances in which potentially illegal behavior becomes lawful. Those circumstances include cases in which people try to act in their own self-defense. Threats leading to duress, a lack of mental capacity and even involuntary intoxication caused by someone drugging another person can give rise to affirmative defense strategies.
To determine the best defense strategy possible, defendants often need to go over the state’s case carefully. Planning an appropriate criminal defense strategy may help people avoid convictions that could change the course of their lives. People facing charges may need help exploring the different options for defending themselves.