Criminal Defense Laws and Strategies
Criminal defense law is the basis for the defendant’s rights and protection afforded to him when he is accused of doing a crime. The fifth, sixth and the eighth Amendment of the Constitution are the basis for these rights. Criminal defense is strictly implemented to balance the playing field between the defendant and the prosecution since the prosecution’s resource is the government.
Based on the criminal defense laws, the defendant is afforded these rights:
1. Ability to be released from jail while trial is pending.
To be in jail is not a very pleasant experience and not something that a lot of people welcome. Apart from the discomfort of being in jail, the defendant, who is still not proven to be guilty, will not be able to work and earn. This inability will limit the defendant’s ability to pay for his/her financial obligations like paying for his/her legal criminal defense lawyer. For cases that involves the possibility of paying fines and settlement, this will especially make it more complicated. If the defendant is allowed to be out of jail, he/she will also be able more accessible to his/her lawyer allowing for more cooperation. In order for the defendant to be released from jail, a bail must be paid. A bail is a certain amount of money set by the court and paid to the court as collateral for temporary freedom and a guarantee that the accused will return to the court when trial starts.
2. Plea Bargaining.
An accused or the defendant has two options in dealing with the prosecutors - fight at every turn or get a deal. To get a deal, the defendant enters into a plea bargain with the prosecutors by agreeing to plead guilty the charges he is accused of to save court fees and time, and in return, the prosecutor will give the accused a lighter sentence. Plea bargaining is one of the reasons why a lot of criminal cases don’t need to be tried in court anymore.
3. Right to a fair trial.
When or if a criminal case proceeds to trial, the defendant and his/her chosen legal representation should be given a chance to prepare a strong legal defense to get a fair trial. The court has made this possible by giving the criminal defense attorney an access to the evidence gathered by the prosecution and the law enforcement. If some of the evidences are illegally gathered, then these evidences cannot be used in the court. Access to these evidences is very important so that the defense team can debunk them or present different evidence that proves the defendant’s innocence. More info and details can be found in this link: https://www.cmcdefense.com/domestic_violence.php
In criminal defense, strategies are important in order to prove a defendant’s innocence. Different strategies are used by criminal defense lawyers depending on the circumstances of the case as well as the available evidence. In a lot of criminal cases, these are the common strategies that criminal defense attorneys often use:
· Self- defense –
This strategy is a type of an affirmative criminal defense strategy commonly used in cases where the defendant is accused of killing or hurting someone. In this defense strategy, the defendant accepts the fact but denies responsibility by claiming that the crime was done in self-defense. In many jurisdictions, self defense is a valid defense whereby the defendant cannot be proven guilty if he/she did it for self-defense or defense of another person.
· Insanity plea –
This defense strategy is used by criminal defense lawyers when the defendant claims that he/she was temporarily or is permanently suffering a mental breakdown or mental disorder when the crime was committed therefore he/she lost the ability to understand that what he/she did was wrong. This defense is often not successful since the court sets a high standard for proving a mental breakdown or mental illness. On the other hand, if the court is convinced of the insanity plea, then you might not get a prison sentence but you will have to be taken to a mental institution to get treatment and can only be released once the doctor has establish that you are mental fit to return and interact with the general public.
· Coercion and duress –
This criminal defense says that a person doing the crime only did so because he/she or another person important to him/her was being threatened harm. However, if a previous illegal/unlawful act was the cause of the duress, then this defense strategy cannot be used in the court.
· Consent –
In some crimes, this defense strategy of providing proof that the alleged victim gave consent for an act that was deemed illegal can result to a dismissal or a lighter sentence.
· Intoxication –
This defense strategy does not necessarily clear you of responsibility for the illegal act you did, but it can mitigate the case and most likely lead to a lighter sentence. In this defense, intoxication must not be self inflicted. Instead, the defendant must be unknowingly drugged or given liquor to and was intoxicated when the crime was committed therefore unaware of the acts and the consequences of these acts. This defense strategy is often used to deflect any evidence that sets “intent” in doing the crime.
Based on the criminal defense laws, the defendant is afforded these rights:
1. Ability to be released from jail while trial is pending.
To be in jail is not a very pleasant experience and not something that a lot of people welcome. Apart from the discomfort of being in jail, the defendant, who is still not proven to be guilty, will not be able to work and earn. This inability will limit the defendant’s ability to pay for his/her financial obligations like paying for his/her legal criminal defense lawyer. For cases that involves the possibility of paying fines and settlement, this will especially make it more complicated. If the defendant is allowed to be out of jail, he/she will also be able more accessible to his/her lawyer allowing for more cooperation. In order for the defendant to be released from jail, a bail must be paid. A bail is a certain amount of money set by the court and paid to the court as collateral for temporary freedom and a guarantee that the accused will return to the court when trial starts.
2. Plea Bargaining.
An accused or the defendant has two options in dealing with the prosecutors - fight at every turn or get a deal. To get a deal, the defendant enters into a plea bargain with the prosecutors by agreeing to plead guilty the charges he is accused of to save court fees and time, and in return, the prosecutor will give the accused a lighter sentence. Plea bargaining is one of the reasons why a lot of criminal cases don’t need to be tried in court anymore.
3. Right to a fair trial.
When or if a criminal case proceeds to trial, the defendant and his/her chosen legal representation should be given a chance to prepare a strong legal defense to get a fair trial. The court has made this possible by giving the criminal defense attorney an access to the evidence gathered by the prosecution and the law enforcement. If some of the evidences are illegally gathered, then these evidences cannot be used in the court. Access to these evidences is very important so that the defense team can debunk them or present different evidence that proves the defendant’s innocence. More info and details can be found in this link: https://www.cmcdefense.com/domestic_violence.php
In criminal defense, strategies are important in order to prove a defendant’s innocence. Different strategies are used by criminal defense lawyers depending on the circumstances of the case as well as the available evidence. In a lot of criminal cases, these are the common strategies that criminal defense attorneys often use:
· Self- defense –
This strategy is a type of an affirmative criminal defense strategy commonly used in cases where the defendant is accused of killing or hurting someone. In this defense strategy, the defendant accepts the fact but denies responsibility by claiming that the crime was done in self-defense. In many jurisdictions, self defense is a valid defense whereby the defendant cannot be proven guilty if he/she did it for self-defense or defense of another person.
· Insanity plea –
This defense strategy is used by criminal defense lawyers when the defendant claims that he/she was temporarily or is permanently suffering a mental breakdown or mental disorder when the crime was committed therefore he/she lost the ability to understand that what he/she did was wrong. This defense is often not successful since the court sets a high standard for proving a mental breakdown or mental illness. On the other hand, if the court is convinced of the insanity plea, then you might not get a prison sentence but you will have to be taken to a mental institution to get treatment and can only be released once the doctor has establish that you are mental fit to return and interact with the general public.
· Coercion and duress –
This criminal defense says that a person doing the crime only did so because he/she or another person important to him/her was being threatened harm. However, if a previous illegal/unlawful act was the cause of the duress, then this defense strategy cannot be used in the court.
· Consent –
In some crimes, this defense strategy of providing proof that the alleged victim gave consent for an act that was deemed illegal can result to a dismissal or a lighter sentence.
· Intoxication –
This defense strategy does not necessarily clear you of responsibility for the illegal act you did, but it can mitigate the case and most likely lead to a lighter sentence. In this defense, intoxication must not be self inflicted. Instead, the defendant must be unknowingly drugged or given liquor to and was intoxicated when the crime was committed therefore unaware of the acts and the consequences of these acts. This defense strategy is often used to deflect any evidence that sets “intent” in doing the crime.
Tags : Criminal Law