If you are charged criminally, the best defence is often a potent offense. Toronto’s trusted criminal attorney employs effective strategies to dispute evidence, defend rights, and achieve better results for clients.
Here are seven defence tactics defence lawyers in criminal cases commonly employ to reverse the course of a case, all explained as simply as possible.
- Challenging the Evidence
A strong defence begins with reviewing the evidence. In criminal cases, defence lawyers search for weak spots, like flawed witness testimony or evidence gathered incorrectly.
For instance, if police did not follow the correct procedure during a search, the evidence may not be admissible in court.
This can undercut the prosecutor’s case, particularly in a more severe case such as one involving murder charges.
- Proving Lack of Intent
Evidence of intended conduct is also needed in some crimes, like murder and other serious crimes. A good lawyer can make the case that the defendant did not intend to do something that violates the law.
If someone had acted in the heat of passion, say, or accidentally, that could be used to get a lesser charge or dismiss the case altogether.
- Emphasizing Procedure Failures
Police officers and prosecutors are supposed to play by the rules. If they screw up, for instance, and deprive the accused of his rights during an arrest, the case can suffer.
Your Toronto criminal lawyer will thoroughly scrutinize the process for errors. Nowhere is this more important than in cases of offences against the administration of justice, a subuniverse of the justice system, in which process is everything.
- Using Alibi Evidence
An alibi proves the person accused was somewhere else when the crime was committed. For example, a compelling alibi, supported by witnesses or evidence like receipts or surveillance footage, can blow up the prosecution’s case. Attorneys work hard to collect this evidence early to ensure it’s persuasive in court.
- Arguing Self-Defense
In some cases, the accused acted in self-defence or to defend others. This is a well-known tactic in violent crime, including crimes against justice, such as resisting arrest. A lawyer must prove that the defendant had no other course of action and used necessary force. Successful litigation can lead to an acquittal.
- Credibility of the Witnesses on Trial
Testimony from witnesses can be powerful, but it is also frequently flawed. That witness may have a reason to lie, a poor memory, or a view that didn’t allow him to see the event.
The defence can undercut the prosecution’s tale by calling into question the credibility of crucial witnesses, particularly in complicated cases such as murder.
- Negotiating Plea Deals
Sometimes, taking the matter to trial isn’t the best course of action. Attorneys can bargain with the prosecutor to lessen charges and reduce possible consequences.
For example, a plea deal could translate into a less severe punishment for a confession to a lesser charge. This approach often cuts down on time and stress for the defendant.
Final words
These seven tactics illustrate how defense attorneys in criminal cases can impact the course of a case. That approach depends on the specifics of the case, whether that’s attacking evidence, proving self-defense, or cutting a plea deal. It is in your best interests to hire an experienced attorney to help you organize an aggressive defence on your behalf, safeguarding your rights in a court of law.
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