6 DEFENSE STRATEGIES THAT MIGHT WORK FOR YOU
March 14, 2018
When you’ve been accused of a crime, the first thing you want to do is find a defense lawyer who knows the laws of the area where the crime took place. While it may seem at the time that going to court without a lawyer is a sensible decision, the risk is extremely great. It’s advisable to hire a defense attorney who can navigate the details of the court case and employ powerful strategies that are most likely to protect your freedom.
Common Defense Strategies that Work
The defense plan that a particular attorney thinks is best will depend on many factors, including their experience, the type of crime, and the details of the case. However, with so many court cases available for the public to review and study, it’s clear that some defense strategies are proven successful in a wide range of court cases and situations. Explore some of the common defense strategies that could potentially be used to defend your case in court.
Entrapment occurs when an offense is committed, but there was coercion, intimidation, or other extreme acts perpetrated by law enforcement that influenced the crime. Due to the nature of entrapment, the defense is most often used in cases where an undercover police officer was instrumental in causing the arrest. For entrapment to be successful, it’s necessary to prove extensive lies and pressure from police – simply proving that an officer lied is rarely enough for an entrapment defense.
2. Probable Cause
The probable cause defense hinges on the fact that police must have a justified and legitimate reason for stopping and arresting a citizen. Originating in the 1968 US Supreme Court decision of Terry vs. Ohio, probable cause is a defense that goes a long way to curtail racism from police. If your defense attorney can prove that you were pulled over without probable cause, it may be enough to win your court case.
3. Mistaken Identity
Witness identification is a common process for identifying suspects, but it’s flawed in various ways. When a witness chooses someone out of a lineup, they may be simply looking for particular features that they see in that person. If your defense attorney can prove that the witness made an error when choosing someone from the lineup, a mistaken identity defense may be effective.
4. Statute of Limitations
States have statutes of limitations that set a deadline for how long after the event a defendant can be prosecuted for certain crimes. The three conditions for a statute of limitations defense are that the defendant is in the state where the crime was committed, living under their true identity, and gainfully employed. Check the laws of your state to see what the statute of limitations is for various crimes.
5. Beyond a Reasonable Doubt
Reasonable doubt stands as the highest standard of proof in our court system. Established in 1970 as the result of the case against Samuel Winship, reasonable doubt must be proven to convict any offender. If your defense attorney believes that the prosecutors did not prove that you committed a crime beyond the high standard of reasonable doubt, it may result in a not-guilty verdict.
6. Police Misconduct
In situations where police are convinced of a suspect’s guilt or an officer is trying to cover up their tracks, a police misconduct defense may be applicable. The most famous example of police misconduct happened during the O.J. Simpson trial, where the actions of LAPD Detective Mark Fuhrman played a major role in Simpson gaining his not-guilty verdict. If you can prove that police behaved in an illegal manner, you may be found not-guilty due to police misconduct.
Need a Lawyer in Texas? Call Phillip Linder Today!
The most important factor in choosing an attorney is that you pick one that knows the laws of the state in which the crime took place. With over 25 years experience arguing in the courts of Dallas, TX, Phillip A. Linder has the talent, knowledge, and experience you can count on. Contact Phillip A. Linder, and together, we can devise a plan to win your case.