Common Defence Lawyer Tactics
When you hire a defence lawyer to represent you after receiving a criminal charge, you have effectively armed yourself for the ensuing battle ahead of you. Proving your innocence is the job of your defence lawyer and any lawyer worth their salt will always have a plan. Although defence lawyers often follow the same defence strategies, a lot of the skill is in the delivery and the preparation. Here are some common defence techniques that are employed and mastered by defence lawyers.
A common form of defence is that the accused acted out of self-defence for either themselves or on behalf of someone else. If your defence lawyer can prove that you or someone else was in real genuine danger and the crime you committed was done in self-defence, then you have a good chance of being cleared of all charges.
The Presence of an Alibi
An alibi is a very powerful defence tool since it can place you somewhere other than at the scene of the crime at the time the crime was committed. By having a credible alibi you can eliminate yourself from consideration and effectively defend against the charges.
Lack of Evidence
Sometimes a person can be charged with a crime and there is little to no evidence to support the charge. If the Crown cannot provide adequate evidence to bring against the accused, a good defence lawyer can have the case dismissed due to lack of evidence. To obtain a guilty verdict there needs to be enough evidence to convince the judge or a jury of the accused’s guilt; a shortfall in evidence is always a great defence.
Not Criminally Responsible
This is a more challenging defence to implement however it can also an effective one. Case law has a strong history of declaring people not criminally responsible for acts that were carried out while they were not of a sound mind. Often this defence requires expert witnesses and doctors assessments to prove a state of mental illness or to explain the state of mind that the accused would have been in to a judge or jury.
Allow your defence lawyer to prepare your defence in a manner they seem fit for your situation. Whether you’re facing drug charges, impaired driving or DUI charges, or other, each charge comes with its own set of challenges and will need to be assessed in depth by your lawyer in order to create a plan. Work closely with your lawyer to help them develop your defence and trust that they know what they are doing and will represent you to the best of their ability.