Attorneys who specialize in criminal defense assist their clients in creating a plan of defense for any type of criminal case, including DUI-related allegations. After being retained by their clients through a signed representation agreement, criminal defense attorneys start planning.
After the deal is finalized, the attorney will review the documentation, such as the police report, to gain a deeper understanding of the criminal accusations. They will also investigate whether there was a good reason for the arrest.
They could also talk about the many kinds of defenses that apply to the situation. But in the end, the customer decides what’s best for their particular scenario.
A criminal defense attorney will offer legal advice to achieve the best result. Competent legal representation is essential to casting reasonable doubt on the prosecution’s case. This might result in an exoneration and possibly a spotless criminal history.
This article covers the criminal defense tactics that a criminal defense attorney in Phoenix, AZ could recommend in a criminal case.
A prosecutor and a defense lawyer can use the same factual occurrences to construct two entirely distinct narratives. Consider this in the same way that you would an American map. The states are shown on one map in their actual geographic locations, with dark lines denoting their borders. The United States is depicted on the other map, though, using a gradient color scheme determined by the average wealth per person. Both maps are accurate, but they will look different from each other.
Formulating a Strategy for Criminal Defence
Under the right to counsel guaranteed by the Sixth Amendment to the United States Constitution, the criminal defendant will either hire an attorney or the court will assign one for them. The criminal defense lawyer will then hear the criminal defendant’s side of the tale.
It takes more than just stating the facts in a way that proves the defendant’s innocence or minimizes their legal responsibility to build a defense. Instead, it frequently entails:
- Examining the police report
- evaluating the reliability of witnesses
- figuring out the relevant statute of limitations for the alleged offense
- Considering all of these factors, a case theory based on the defendant’s account and other verifiable facts will be developed.
The attorney-client privilege will shield whatever information a client provides to the lawyer.
Client-Attorney Privilege
You have the right to attorney-client privilege when you speak with a lawyer. Any correspondence, whether written or verbal, between a lawyer and their client is shielded by this privilege. These exchanges are shielded from mandatory disclosure. This implies that whatever information you disclose to your lawyer regarding your legal problem is private.
In general, clients and their solicitors communicate honestly and truthfully as a result of this privilege. Criminal defense lawyers can use privileged information to formulate a strategy for their client’s best interests.
Attorney-client privilege does have specific limitations, such as when it comes to averting death or severe injury.
Common Criminal Defense Strategies
It can be intimidating to navigate the criminal justice system, but for people facing charges, knowing typical defense tactics can offer clarity and direction. The different tactics employed by defense lawyers to refute the prosecution’s case and uphold their clients’ rights are known as criminal defense techniques. An outline of the most famous criminal defense tactics is provided below:
- Innocence
The defense may call witnesses with alibi stories, produce tangible evidence, or use other forms of evidence to show that the defendant was not at the crime site or was otherwise unable to commit the crime.
- Constitutional Violations
This includes challenging illegal searches and seizures (Fourth Amendment), improper Miranda warnings (Fifth Amendment), or denial of the right to counsel (Sixth Amendment).
- Self-Defense
The defense must show that the defendant responded with proportionate force and had a realistic fear of impending injury.
- Alibi
Witness testimony, receipts, video footage, and other evidence are used to establish the defendant’s location during the time of the crime.
- Entrapment
The defense must demonstrate that the defendant was not inclined to commit the crime and that the government devised the plan to conduct it.
- Insanity Defense
This requires extensive psychiatric evaluation and proof that the defendant had a severe mental disorder during the offense.
Conclusion
Every criminal defense strategy needs careful planning, a solid grasp of the law, and the capacity to provide strong evidence. Defense lawyers evaluate the particulars of each case in order to choose the best course of action, trying to cast doubt on the defendant’s guilt or show that their rights were violated. You must speak with a skilled defense lawyer if you’re facing criminal charges in order to navigate these tactics and safeguard your rights adequately.