Tuesday, November 13, 2012

Strategies Used In Criminal Defense That Will Set You On A Winning Path

By Merry Rienstra

The kinds of strategies used in criminal defense in any court room revolve around mental aptness and the use of words to derive a consistence theory on which the lawyer will base his or her defense for the client. Criminal cases tend to be tricky, depending on the nature of the accusations; hence, strategies of criminal defense will vary. Sure, one criminal defense strategy could work in one criminal case, possibly even two. However, do not immediately conclude that this strategy would work for just about every criminal case you are handling.

Top most strategy lies in the speaking the truth, meaning the client has to tell the attorney the truth of the facts of the case. Now, you can say that the truth can have many versions, and the attorney and client will work around that. Take a murder case, for example. It could have been done out of self-defense or because the client was provoked into doing it. These truths can be very useful when the attorney and the client are working out how to come up with a defense that could help him get an acquittal.

It is safe to say that there are three elements to the truth that the client should stick to as the case progresses. In the event that the client confesses about doing the deed, the reasons that led to the murder or the crime will be reviewed and evaluated by the lawyer. On the other hand, a denial by the client would make the lawyer look into supporting evidence that the client is, indeed, innocent of the crime. The third element would have the client admitting at least that he saw the crime take place and he was there on a partial capacity. Despite that, he denies having been involved in the crime being dealt with. These three variations would have to be attested to by the clients, and from there, the lawyer will draw up a theoretical framework for the defense.

Next, the lawyer will then proceed to compare the facts as presented by the client to the facts as stated in the police reports. Here, the lawyer is likely to spot loopholes or inconsistencies with the chain of events. He may also even spot parts where the prosecution would be weak and he could use it to strengthen his defense. The lawyer, who has the actual facts in his possession, will be able to draw up a consistent and strong defense that he can use to have his client walk free. Using this truth, the prosecutor's claims will be discredited. Often, the prosecution's claims or words could even be used against them, allowing the defense a positive turnaround.

Here is another strategy: let the accused know all there is to know about the defense. In this strategy, some truth-bending would have to be done. Therefore, it is important that the client be coached to never lie about anything that could work negatively for the defense. The attorney will coach his or her client on what they to expect and what to say while on the stand. Interview techniques and cross examinations are common, whereby the attorney ask some of the hard question that the prosecution will probably ask the accused while on the stand. As far as solid criminal defense goes, having a consistent and credible story is very important. You will be able to establish consistency if you do these practices.

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  1. You are a high qualified legal professional, aren’t you? These complicated criminal law issues become so clear while reading your articles. If you provide criminal law services, submit please your contacts to my attorney directory. This is its category with Delaware criminal attorneys there are much more categories and you can invite there all good lawyers you know.