No matter what crime you’ve been charged for, any and all criminal charges and cases should be taken seriously. If you’ve been charged with a crime, then you need an experienced criminal attorney…and fast. Here are the common steps to building a criminal case.
Formulating a Strategy
It is not easy to formulate a defense strategy in any criminal case. There could be holes in the case. If you are innocent of the alleged crime, a good defense attorney can help form a better strategy because then there may be witnesses to the crime and/or other evidence.
Building a Case
In some cases, when the defendant is innocent of the alleged crime, an aggressive defense attorney can challenge the credibility of both victim and witnesses. Therefore, this is why you need an attorney with experience and the knowledge of how to quickly sum up the theory of the case and use the facts to build a case against the opponent or defendant.
In fact, a good criminal lawyer can put holes in a victim or good witness’s case, offering reasonable doubt, which the jurors will oftentimes question.
What if there is a Confession?
If the attorney is working with a confession that the police collected from the defendant, then the attorney can use that to build the case, especially if it was done under duress, which the attorney has to prove.
If the police did not coerce the defendant, then confessions are admissible in court. The attorney would also have to prove this in court.
Be aware…Every defendant has a constitutional right to refuse questioning from the police at any time during the interrogation. At this time, the police have to immediately halt the questioning and will read the Miranda warnings.
When a crime occurs, the police investigation takes on new life. Investigators will go out into the community where the crime took place to retrieve evidence and/or speak to eyewitnesses. Investigators will then go back to the police precinct and write their extensive report on the findings. It is this report that the attorney will use to also help go build a case against the defendant.
Most attorneys will try to coach their clients prior to the beginning of the case. After hearing their side of the story, the attorney will assess the details and get the defendant ready for taking the stand, if it is going to help the case. The coaching session may include mock interviews to get the defendant to commit to the theory of the story. It could also mean taking the defendant back to the crime scene to stimulate their memory.
Establishing the Facts
A good criminal lawyer will explain the prosecution’s theory to the defendant, hoping that it helps to put significant pieces of facts into the testimony of witnesses and the defendant. The prosecution may have intentionally left out these facts.
For example, if the prosecution places the defendant at the crime scene and the defendant can prove otherwise, this is the perfect opportunity for the lawyer to establish this important fact.
If the defendant is forthright with the attorney, it will give the attorney more room to work. In some cases, the more information provided by the defendant could give the attorney some leeway to negotiate with the prosecution. In many instances, the case doesn’t even have to go to trial.
For example, if the defendant has been charged with armed robbery, admitted it to the attorney, but mentioned that he had no weapon, then the charges could be reduced to simple robbery, which is a lesser crime and less time in jail.
So, it is safe to say, then, that the more information that is available to a good attorney, the likely it will be to form a better defense strategy. It is the responsibility of the defendant to give as much detail as possible, but the attorney also needs to conduct a thorough investigation and assessment of the case.
If you are in trouble with the law for a crime that you did or did not commit, it is best to seek legal counsel.