It is a myth, but many people still hold this belief because of Hollywood movies and popular police films. Our modern courts instead use an adversarial system that pits two opposing arguments against one another. The judge or jury will decide the defendant’s guilt or innocence based on their skill. Even though it may seem fair, the fact that the entire government is prosecuting the person makes a criminal case unfair. Defense attorneys can use specific strategies to limit prosecutions. A top rated attorney will use as many strategies as possible in order to maximize their success.
How to Use the Strategies
In every criminal case, it is necessary to prove the guilt of the defendant beyond all doubt. The burden of proof is what we call it. Most criminal cases do not go to trial. The plea bargaining process is used by prosecutors to resolve criminal cases. The prosecution can get a conviction by scaring the defendant to accept a lesser sentence in order to avoid a potentially more severe one. This also avoids the lengthy trial process. This method is highly favored because if every case was heard in full, the court could not keep up with demand.
Due to the above, criminal defense lawyer in Florida has a two-part defense strategy: procedural maneuvers and arguing on the merits.
The Procedural Aspect
Procedural maneuvering begins as soon as a criminal case is filed and the defendant indicted. It is the technical side to a criminal case. It involves reviewing, discovering, and challenging all evidence and filings used in court, depending on weaknesses identified by a defense lawyer in favor of a defendant. These arguments are often referred to as “technicalities” and can be very powerful. They can remove damaging evidence or show how law enforcement and the prosecution made mistakes by not following the laws. These include:
- Evidence Eligibility: Only certain types of evidence are allowed at a trial. Imagine that law enforcement has collected evidence incorrectly or tampered it. Or, they cannot confirm its association with a particular case (chain-of-custody). The defense may argue that the evidence shouldn’t be used at trial and should instead be thrown away. In an evidentiary hearing the judge must agree with the defense.
- Correct Arrest and Incarceration: Police and law enforcement should follow the letter of law when it comes to detention and arrest. When it is clear that the defendant is being arrested and restrained, Miranda rights must be informed. Nevertheless, the law enforcement agencies have repeatedly skipped over this step in order to force defendants to make damaging statements or provide information. If this occurs, and the defendant’s right to be informed should have been notified in advance, statements and answers may be thrown out.
- Share all evidence properly – Before trial, the prosecution must share with the defense attorney any and all evidence. Evidence can be withheld, or the evidence not shared. This will result in a trial being declared erroneous, and a new trial may be ordered.
- Police Reports and Errors: Incorrect processing of documents or incorrect analysis can lead to errors. More than one defendant was charged, who was not the person listed on the forms. Or the address was incorrect. It can lead to a mistrial, or stop the prosecution before it begins.
- Jurisdiction: This is the power of the court and prosecution to bring a case before their respective court. If the jurisdiction is incorrect, the case may be stopped if it cannot be heard at that court or if law enforcement is outside its enforcement area.
- Experts and 3 rd party eligibility – Expert witnesses have credentials that are accepted by the court as valid authorities within their field. If an expert witness is disqualified from testifying before trial, then their testimony will not be heard.
- Witness Eligibility: The same applies to witnesses. If a witness is not relevant to a case, and this can be proved, then the witness may be dismissed and all testimony thrown out.
- Jury Selection (voir dir) – If a case is to be tried, the jury selection can have a significant impact on the verdict of guilt or innocence.
The Argument Elements & Case Merits
The defense lawyer can focus on the facts to prove the innocence of the defendant. The burden of proof falls on the prosecution. If there are doubts about the case then neither the judge or jury can convict. The defense’s strategy is to show that the case or evidence are flawed. This can be done by:
- Supportive witness testimony- By having defense witnesses, you can confirm that the witness did not commit the crime or his or her version is accurate. Generally, the more witnesses that are valid, the better your defense.
- Evidence, Facts and Credibility that Favors the Defendant: All types of evidence from video to documentation, to evidence collected at the crime scene, to evidence showing the defendant wasn’t the criminal involved depending on how they are interpreted.
- Police Documentation: As mentioned above, even law enforcement makes mistakes. Defense attorneys often find mistakes to prove that the defendant has been wrongly charged.
- Expert Witnesses: The defense may also call in experts who are qualified to challenge the prosecution’s evidence.
- The Law Itself: Criminal law has specific requirements that must be met. The defense may point out that the prosecution has not proven this conclusively.
- Caselaw – Prior criminal cases decided by appellate courts become law and guide judges in lower courts in interpreting case issues, judging crimes, and deciding how to interpret the verdicts.
- The Prosecution’s Behavior – If there is anything about the prosecution that appears to be biased, abusive or extreme, then the defense may ask the court for protection, and in some cases, even remove the prosecutor.
- The Defendant’s Testimony: One of the most risky strategies is for the defendant to testify in his or her criminal case. It also exposes the defendant to a cross-examination from the prosecutor.
There are many options for an Orlando criminal defense lawyer to present the best case possible. This is also why it’s so important to choose an experienced Florida criminal defence attorney. Each step, form and meeting is important. Experienced attorneys know well and take advantage of every opportunity to argue and push for the best possible outcome in a case.
The article Best Strategies for Orlando Criminal Defense Lawyers first appeared on Attorney at Law Magazine.