When you’ve been arrested and charged with a crime, you will need an expert criminal defence attorney representing you in court. Many crimes are prosecuted aggressively in order to deter criminals. But by understanding the different types of defenses, and hiring the right legal counsel, you can possibly find yourself facing lesser charges, or having them dropped.
Types of Criminal Defences
There are a few types of criminal defences that your attorney can use. The first one is alibi. Most people are familiar with this term from movies and procedural television shows, and they’re not too different in the real world. An alibi is when you have proof that you could not have committed a crime because you were not where the crime occurred during the date and time that it happened. Proof can be in the form of photographic evidence, witness testimony, or even plane tickets or other proof of travel.
An excuse defence is one where a crime is explained but culpability is not necessarily found in the person who committed the crime. An example would be a plea of insanity, which is when a defendant is unable to communicate or understand their attorney or even others in a rational way. Their actions are not justified. Rather, they are excused.
Justification defences are called when there was a threat to you, your property, or your family, that required you to respond. For example, if you broke a law because you were under the threat of physical violence, and you can prove it, then your lawyer will consider the duress defence in your specific case.
Lastly, there are procedural defences. These are when the actual procedures of the arrest of gathering of evidence are called into question. For example, if you were administered a blood alcohol content (BAC) test and received a questionable determination resulting from the mishandling of the evidence by the police, then you may be able to use that as a defence. In the US Constitution the 4th Amendment states that no citizen should undergo unlawful search and seizure. However, people’s fundamental rights are often violated, and if you believe that you have been victimised, then you will need to speak to an attorney right away. You don’t want to delay, as that may complicate your case.
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What Makes a Great Defence Attorney?
Being charged with a crime and/or convicted of a crime will have serious, long-term consequences on your life. Mainly, it can affect your chances of getting a job or keeping the one you have, getting an education, keeping custody of your child (if applicable), and can even lead to deportation if you are not already a U.S. citizen. It is very unwise to represent yourself in court, even if you think your case if very straightforward and that your defence is obvious. Prosecutors will fight aggressively for you to receive the harshest punishment possible. That’s why you need to hire an experienced, successful attorney to represent you. But you may want to think about the kinds of advantages you’ll have if you hire someone who has experience as a prosecutor, who will be familiar with the types of arguments you will face. Of course, you will also want to schedule your consultation right away.
