The Best Offense is a Strong Defense: How to Build a Strong Defense in Your Case
Being charged with a crime is many people's idea of a worst-case scenario, but don't panic. Instead, stay calm, keep quiet, and learn how to build a strong defense.
1. Hire an Attorney Right Away
No matter what the charges are, the first step anyone accused of committing a crime should take is to request a consultation with a criminal defense attorney. While it's true that people in America can represent themselves in court, those without an in-depth knowledge of the law won't be able to craft as strong a defense as a lawyer. Hiring an attorney as soon as possible gives them the time to interview witnesses while everyone's memories are still clear, find evidence, and identify potential flaws in the prosecution's case, so don't wait.
Defense lawyers often win cases pre-trial by having charges dismissed, as well. This is the ideal situation for a client because while the best offense is a strong defense, most defendants don't want to go through the stress of a trial if it can be avoided. Remember, that doesn't necessarily mean pleading guilty and taking a deal. If the lawyer for the defense can show a judge that the case shouldn't go forward, that may be enough to have the charges dropped.
2. Know the Law
Criminal defense attorneys are well-versed in the subtleties of their state's criminal codes. Their intimate knowledge of the law can mean the difference between a conviction and an acquittal when building a defense since it allows them to focus on specific components instead of disproving the prosecution's entire case. While there's no way for the average citizen to get a complete understanding of criminal law in time for it to be relevant at their trials, it's always wise to take advantage of available resources and ask lawyers about relevant laws and legal procedures.
Due process laws are an excellent example. This clause in the Fourteenth Amendment requires the police, lawyers, and others who work within the legal system to follow certain rules, and it applies any time the government's actions could deprive a person of their right to life, liberty, or property. If a defense lawyer can prove that the police or detectives who investigated the case did not follow due process, they may be able to get the charges dismissed. Attorneys may also be able to identify breaks in the chain of evidence and other police missteps that could work in the defendant's favor.
3. Keep Criminal Defense Lawyers Informed
Every defendant needs to build a strong relationship with their attorney based on trust and open communication. The attorney needs to understand the nuances of the cases to craft an effective defense that will stand up in court, and that can only happen if the client answers questions honestly and shares their concerns immediately. Candid discussions help lawyers form the most effective defense strategies and ensure that they are aligned with the defendant's goals.
While defendants need to communicate openly with their criminal defense lawyers, it's equally essential that they learn how to stay quiet the rest of the time. The best-developed defense can easily be thrown entirely off the rails by something as simple as a poorly worded comment, and it's not just the police that defendants have to worry about. The time leading up to a trial is also a good time to take a break from social media or at least exercise some extra caution.
4. Gather Relevant Evidence
Most criminal defense strategies rely on a combination of evidence and witness testimony to succeed. While it's best to leave the gathering of some types of evidence, such as security camera footage from unrelated parties or electronic data that isn't legally available to the defendant, to a lawyer, there are also steps defendants can take. Be prepared to turn over things like cell phone videos, digital communications, and any other evidence that refutes the prosecution's case.
While defendants can and often must gather certain types of evidence to help with building a strong defense, they should leave questioning witnesses to lawyers. Defense attorneys have experience conducting interviews and know what questions to ask to get the most possible information from witnesses. Criminal defense lawyers often question the prosecution's witnesses before going to court, as well, which can give them extra insight into the case against them and make it easier to craft a strong defense.
5. Help to Craft a Compelling Narrative
People are more likely to listen to and internalize a compelling story than they are a collection of individual facts that refute the prosecution's claims, which is why the defense needs to craft a compelling narrative. In most cases, that means using evidence and witnesses to tell an alternate story to that being put forth by the prosecution. In some cases, the defense may need to call professional witnesses to support their version of the events.
Crafting a compelling narrative also helps jurors see that the defendant is a real human being who deserves their full attention and sympathy. That's why character witnesses can sometimes be beneficial, especially if the defendant will be testifying in court. In most cases, defense lawyers don't choose to have their clients take the stand, but, in certain circumstances, defendants can help to craft a compelling counter-narrative directly by explaining their version of the events.
Criminal Defense Attorneys Know How to Build an Effective Case
If you're facing criminal charges, the best thing you can do is to find an attorney and commit to working intimately with them to craft an effective defense. You can help by presenting the attorney with relevant evidence, gathering contact information from witnesses, and keeping quiet when it comes to police and media interactions. However, unless you plan to represent yourself in court, it's usually best to defer to your lawyer when crafting an effective defense strategy that incorporates some or all of the elements described above.
