Criminal defence attorneys are largely considered the best at what they do. You have heard of cases whereby the defendant was exonerated for the crimes committed simply because of his lawyer’s defensive strategies. While it is the duty of the prosecution to build a case against the defendant, it is the defence attorney’s duty to destroy this case by building one solid defence for his client.
Many criminal defence lawyers employ a variety of defence strategies to win a case for their clients. However, these strategies only work if the Perth lawyer has all the necessary information needed to put up a defence. Here, Timpano Legal lists some of the most common criminal defence strategies used in courts today.
Affirmative Criminal Defensive Action
Perhaps the most common defence strategy is to tell the court your version of the incident. This is more about taking an active part in producing your critical pieces of evidence that show you did not commit the crime levelled against you. This often requires evidences to support your defence. Additionally, your criminal defence attorney needs to present a more credible version of the facts already stated in court. This can also mean looking at the details of the prosecution’s eyewitness account. Your lawyer is using the facts presented by the prosecution in building a defence of credibility for you.
Inadmissibility of Evidence
Your criminal defence attorney can cite gross violations of your rights – specifically, the right to lawful search and seizures and the right not to incriminate yourself. If the prosecution has a documentation of your confession or anything that they can present as evidence, your lawyer can always defend this as an exercise in duress or made under some threat. Your criminal defence lawyer can also point out the grave mishandling and contamination of the evidence presented by the prosecution. This should warrant getting the evidence against you to be thrown out of court.
Coercion and Duress as Defence
Your criminal defence attorney can also say that you were coerced into committing the crime. The threat of an unlawful force must be present in order for coercion and duress to work as defence. This is not going to work if you were put into this situation because of your reckless actions.
Other Defence Strategies
There are other criminal defence strategies which can be used by your lawyer. These can include an insanity defence, consent, self-defence, intoxication, and even statute of limitations.
However is the lawyer strategizes on criminal defence, it is important to know the truth of the incident. This is one very important requirement for building an effective criminal defensive strategy.