What steps can you take with a defense lawyer to defend a criminal charge?
There are a huge number of criminal charges on the books, but a question that often arises for a criminal lawyer is a request from a client as to how they can help a criminal defense lawyer defend a charge. criminal.
What steps can a person accused of a criminal defense take?
We must remember that thanyone who has been charged with a crime is considered innocent until proven guilty under the presumption of innocence, which is a legal principle that places the burden of proof on the prosecution. In simpler terms, this means that the prosecutor must prove that the accused committed the crime and convince the judge and jury of their guilt, not that the accused must prove that he is innocent.
By keeping a crime out of your criminal record, you not only reduce your fines and other penalties, but you may be able to keep your job, housing, and educational prospects. All of these are at risk if you are convicted of a crime.
It goes without saying, then, that the successful defense of a criminal charge is paramount.
First, let’s consider some of the main crimes that citizens face, on average. These include DUI, sex crimes, drug related offenses, all of which have different “types” of defense available and therefore different steps that the accused can take to aid in the successful defense.
One of the most common legal defenses for fighting DUI charges is disputing the accuracy of chemical test results.
For example, your criminal defense attorney may argue that improper testing or improper storage of alcohol samples for analysis by a qualified and licensed phlebotomist has led to an inaccurate measurement of the amount of drug or alcohol in the patient. when the accused was driving.
Another method is to challenge the officer’s observations before he makes the arrest. An officer can stop a person if they notice signs of weakening, such as too wide turns, driving significantly above or below the speed limit, or general misconduct.
Other signs of poisoning include bloodshot or glassy eyes, slurred speech, breath smelling of alcohol, and bizarre behavior. It may be more difficult to prove, but a qualified criminal defense attorney may be able to convince jurors that the officer’s submissions on the driver were wrong.
Defense against sex crimes
Prosecutors must prove guilt beyond a reasonable doubt to convict an accused. Being charged with a sex crime is extremely serious in terms of its effect, which could have a serious effect on employment, reputation, relationships and a range of other factors.
This is the kind of offense, like many others, that requires an experienced lawyer who has dealt with sex crimes and who will be able to determine whether the complainant is covering up a consensual sexual act, for example. Some false allegations of sexual assault are used as tools to extort money from the accused, especially if the accused is a celebrity or a public figure.
You should hire a qualified lawyer who will investigate your case and determine if the complainant is trying to gain financial advantage by filing a bogus sex crimes complaint.
The state of Florida explicitly prohibited the trafficking, sale, possession, manufacture and cultivation of drugs with the intent to sell, such as:
Depending on the specific crime committed, the charges may be categorized as misdemeanor or felony, and penalties are subject to varying degrees of severity. Sometimes a prosecutor will add âintent to sellâ to the offender’s drug charges to increase the sentences.
A qualified criminal defense attorney can argue that the drugs were seized during an illegal search, which could lower your costs.
What steps can a person take to defend themselves against a criminal charge?
There are a few key steps anyone can take to help your defense attorney succeed in your defense, including the following –
- Be clear with your lawyer about what you are looking to accomplish, which might mean what you can live with rather than just dropping the charges. If, for example, you agree to a plea bargain, you should let your lawyer know. If you want to defend everything to the ânth degree,â you have to let them know that as well. Be clear and communicate effectively with your lawyer.
- Assuming you are not using a public defender, you need to indicate how much you are willing to spend on your defense. There is a range of costs, including investigation, witness briefs and inquiries, testimony and so on. They cost money and you must let your lawyer know what you can spend to defend a criminal charge.
- Be upfront with your lawyer so that you don’t withhold information or details about what happened, whether it was drugs, sex, drunk driving, or any other criminal offense you are accused. As a criminal defense attorney at Sandford, I am aware of situations where the cover-up of important matters has made it extremely difficult for clients who have not been completely honest with what they know. Likewise, those who are “straight up” have seen matters resolved to their satisfaction, but also keep point 4 below in mind.
- You don’t need to disclose information that is not requested by your defense attorney. When defending a criminal charge, remember that your lawyer cannot subjugate perjury, so you cannot tell them a thing and then retract when you are on the stand defending a criminal charge. The likely outcome is unlikely to help you.
- Follow the advice of your defense lawyer. You went to them because they are experts in criminal law and you have to help them by communicating honestly and quickly and by following the advice they give you. Sometimes you don’t like their advice or necessarily agree with them, but by discussing and understanding the reasons for different decisions, you will both be in a better position to deal with the issue. If you have hired an expert defense lawyer (by doing proper research and asking them about their background and experience), you should rely on their good judgment.
There will be other questions to ask and you should understand that these questions are for informational purposes only and you should speak to an expert for advice appropriate for the type of criminal charge you are facing.
Source: Amanda Kazzi, defense lawyer for Sandford
Stock up on the funniest law news weekly to read