A good criminal defense lawyer actively pokes holes in the prosecutor’s theory of the case. This can include visiting the crime scene to look for overlooked details or examining digital evidence like emails and texts.
Criminal defense strategies aim to put reasonable doubt in the mind of the judge or jury. To do so, the defendant must poke holes in the prosecution’s case or argue that another individual committed the crime.
Insanity Defense
Defendants can offer an insanity defense, arguing that their mental disorder prevented them from knowing that their actions were illegal. This is an affirmative defense and, according to studies, defendants claim it less than 1% of the time. Moreover, those who do plead not guilty by reason of insanity are successful only about 25% of the time.
Whether the defendant is actually insane is a question for the jury to decide at trial. MHA favors the ALI-MPC insanity rule, which states that because of a medically diagnosed mental disease or defect, the defendant either EITHER did not understand the criminal nature of his or her acts OR was unable to control them.
If a defendant is found incompetent to stand trial, he or she will be sent to a psychiatric facility for treatment and evaluation. A judge will then decide if the person can be considered to have been legally insane at the time of the crime. In Idaho, Montana, and Utah, this verdict results in psychiatric institutionalization instead of prison.
Drug Defense
Most drug offenses center on the possession, sale or manufacture of drugs such as marijuana, cocaine, heroin and even prescription medication like ADD/ADHD pills, antidepressants and painkillers. A skilled criminal defense attorney can challenge the police conduct used to find and seize these substances.
The defense attorneys at Barket Epstein can also argue that a substance is not actually an illegal drug. Many substances look similar to illegal drugs, such as legal prescription medications such as Xanax, but the only way to tell is through chemical laboratory testing.
A criminal defense lawyer can also point out constitutional violations in the search and seizure of evidence, including failure to read “Miranda Rights” or entrapment (police coercing suspects into confessing to crimes they did not commit).
A strong criminal defense attorney can use these defenses and more to create reasonable doubt in prosecutors’ minds that you committed the drug crime, or lessen the severity of your charges. They can also help you secure reduced bail or avoid jail altogether through a plea bargain.
Entrapment Defense
This affirmative defense is often employed in cases involving undercover drug transactions, sting operations, and other crimes that involve an element of deception or fraud. It examines whether law enforcement agents exerted undue influence over the defendant by encouraging them to engage in criminal behavior, such as lying, threats, flattery, and fraud. However, this defense is only valid if the defendant was already predisposed to commit the crime prior to the agent’s intervention.
For example, a potential suspect that is on probation for drug trafficking is approached by an undercover police officer posing as a prostitute who persistently asks them to sell her drugs. The suspect tries to resist but eventually gives in, calling one of his old drug dealers and purchasing the drugs. The defendant can use the entrapment defense by providing evidence that this overbearing police conduct would induce any normal, law-abiding citizen to commit the crime. If the jury or judge believes this was the case, they can dismiss the charges. There are more information about this on strafverteidigung münchen.
False Arrest Defense
The right to liberty is one of the most fundamental rights a person can enjoy, and when this right is violated in a harmful way, victims deserve to be compensated. A lawsuit involving false arrest can be filed against the police officers involved, the city or county they work for, and even private parties. This type of case is generally complicated because it involves civil rights claims and a variety of other intentional torts like negligence, negligent infliction of emotional distress, and assault and battery.
A common defense in a false arrest case is consent. However, this is not valid if the officer has probable cause and consents to the arrest themselves.
When someone is wrongfully detained or imprisoned, it can significantly impact their life and leave lasting psychological and physical scars. The attorneys at Cody Warner are dedicated to ensuring that these incidents do not happen again and are held accountable when they do.