If you are charged with a crime, you must act quickly to prepare a proper criminal defense. Time is of the essence as the prosecution must prove that you are guilty beyond a reasonable doubt, and they will be ready to pounce.
With the help of an experienced criminal defense lawyer, you can defend yourself from these charges. In some cases, the charges may be dismissed; in others, you may want to plead to lesser charges. Either way, an attorney will guide you as they recommend the right defense strategy.
While this list isn’t exhaustive, there are many common defense strategies that can be used to fight your criminal charges.
Having an Alibi
When you have proof that you were in another location when the crime was committed, and at least one eyewitness can confirm this, you have an alibi. You can then plead not guilty to your charges. If this can be corroborated, then the charges will be dropped.
Under Duress
Claiming to be under duress does mean you admit to the crime, but you only did so because you were coerced. Yes, you’re partially culpable, but being forced, falsely imprisoned, threatened, or tortured into doing these acts may get you off the hook for a conviction.
Entrapment
If the government or law enforcement persuades you to commit a crime and then attempts to punish you, this is known as entrapment. Using entrapment as a defense can be very tricky, especially if you have any prior convictions. There must be clear evidence for this defense strategy to work.
Unlawful Arrest or Questioning
You can’t get charges brought against you dismissed if you were not read your Miranda rights. Still, you can keep the prosecution from using the answers they obtained during an interrogation in certain circumstances. For example, if you are taken in for questioning about an alleged criminal act, you should let the officer know you do not want to discuss anything with them without your attorney present. They are not required to read you the Miranda warning if they stop you on the street and ask you some questions, but they must read it if they pick you up or take you to the station for questioning.
Not Guilty Because of Insanity
Under the law, people who are insane cannot be punished in the same way as other criminals. Those suffering from mental illnesses that render them insane may be unable to control their behavior. However, the evidence must be shown that the accused did not understand the nature or consequences of the act, could not distinguish right from wrong, or had an irresistible impulse to commit this action.
Self-Defense
Perhaps you were charged with a violent crime such as murder, but you may be able to use self-defense as your defense. You’d essentially be admitting to committing this violent act but only did so because the other person was attacking you. Virginia analyzes the amount of force you use in defense, and it must be reasonably compared to the perceived threat.
For example, you can’t shoot someone for throwing garbage at you and claim it’s self-defense. If that person charged toward you while brandishing a gun or knife, you may be successful in your case.
Statute of Limitations
When you’re charged with a crime, a statute of limitations tends to begin as soon as the offense has happened. The statute of limitations for misdemeanors is one year. However, there is no statute of limitations for felonies. This means you could be prosecuted for a felony no matter how much time has elapsed. If you are facing a misdemeanor, you may be able to reference the statute of limitations to get out of these charges.
Unlawful Searches and Seizures
The 4th and 14th Amendments of the U.S. Constitution are designed to protect you from unreasonable searches and seizures. Most people are unaware of these rights, but you can’t be pulled over in your vehicle without a valid reason in Virginia. You can’t be arrested or held in custody without any probable cause, nor can you be searched for drugs or weapons without establishing probable cause.
If the police stop you, you don’t have to speak to them unless they have a true suspicion of criminal behavior. They can’t search your home without a warrant issued by a judge. This does not apply to cars, though. An officer does have the right to search your vehicle if, for example, they pull you over for erratic driving and smell marijuana. This gives them probable cause to search.
Unreliable Witness Testimony or Eyewitness Misidentification
In some instances, the prosecution may bring an unreliable witness. Your attorney will work to get their testimony stricken from the record. There may also be eyewitnesses who misidentify you as the perpetrator of the crime. If you have a solid alibi and other evidence that doubts their claims, it’s easy to point to eyewitness misidentification.
Misrepresentation
Sometimes, witnesses have a motive to try to pin charges on you. They hope they can get you locked away by misrepresenting the information they provide.
What Type of Defense Should You Use in Your Case?
Ultimately, the defense you use will depend on the pending charges. Your defense attorney will craft an aggressive strategy to fight for you. First, they will look for evidence to clear your name. They will also analyze the evidence presented by the defense and look for holes in the case.
If you are not guilty, your attorney will present them to the prosecution and judge. For those falsely accused of crimes, it will usually generate the desired outcome to preserve freedom and justice.