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Depending on the facts of your case, many different criminal defense strategies can be used.
An experienced attorney will listen to your side of the story and formulate a legal strategy to help you get off the hook.
They will look for grounds to get the charges dismissed, such as illegal law enforcement stop or search, tainted evidence, and critical witness unavailability.
Know Your Rights
A person’s right to a fair trial includes knowing their rights. Criminal defense attorneys work to educate their clients on the legal process and how to protect their rights. This may consist of counseling the client on the laws likely to be applied in their case or explaining the significance of these laws.
An excellent experienced criminal defense attorney Greenville NC will take the time to listen to a person’s story and form a strategy that is in their best interests. This will often involve reviewing evidence, examining witnesses’ credibility and reputation, and determining the strength of the prosecution’s evidence.
The Constitution guarantees people accused of a crime the right to a speedy trial. This is important, as delays in a case could mean the case is lost. A lawyer can also help by working with law enforcement, translators, and plain language experts to produce documents in several European languages. This information can be given to individuals during interrogations or while in custody.
Prepare for Trial
In addition to researching the law and preparing for trial, an experienced criminal defense attorney will also spend significant time interviewing witnesses. This is important as it can help them identify crucial information that might be helpful for their case. They will also prepare questions to ask prosecution witnesses and determine which arguments are likely to be persuasive based on the facts of the case and applicable laws.
The final step in preparing for trial is to develop a strategy for presenting the client’s version of events to the judge and jury. This may involve establishing an alibi or proving that the alleged crime did not occur, such as using circumstantial evidence.
A skilled criminal defense attorney will also examine police procedure and the evidence to see if there are any legal grounds to get prosecutors to drop charges before trial. This can include illegitimate law enforcement stops or searches, lack of probable cause for arrest, tainting or loss of evidence needed to prove guilt or unreliable witness testimony.
Negotiate a Plea Deal
Prosecutors have more cases than they can handle, and trials are expensive. They may offer a plea bargain to save time and money. If you feel the prosecutor’s initial offer is fair, your attorney can negotiate with them to get better terms.
However, it would be best to be always prepared to go to trial. During plea negotiations, you may learn new information about the case that could affect the outcome. For instance, you might find out that the prosecution relies on an unreliable informant or needs to meet the required standard of proof for some charges.
Before entering plea negotiations, you should carefully consider your options and weigh the pros and cons of each. This process involves considering all available information about your case, including applicable laws, possible sentences, costs, and fees associated with pleading guilty or going through trial proceedings, etc.
Prepare for Trial
The best way to win a case is often by fighting it at trial. This is especially true if the state’s evidence looks weak and your attorney can convince the jury that you are innocent.
Preparing for trial includes interviewing witnesses and developing a strategy for presenting your case in court. The process should involve a woven storyline to present a compelling argument and show how the facts support your innocence or lessen your legal culpability.
It is also essential to prepare for the voir dire process, which is how lawyers evaluate potential jurors. A good lawyer can identify any bias and select the right jurors to maximize your chances of winning at trial.
An excellent criminal defense attorney should also preserve arguments for an appeal if the trial results in a conviction. This may include arguing that police officers obtained the evidence in violation of the Fourth Amendment.
