Common Defenses in Criminal Cases

Criminal trials portrayed in the entertainment industry are often quite dramatic. Witnesses may surprisingly show up, or the defense attorney may reveal the actual guilty party. In reality, criminal defense is not typically so exciting. Many of the most common criminal defense strategies occur even before a criminal trial starts. Of course, every case is unique and so, it is important to work with a Fort Lauderdale criminal defense lawyer who can advise on the best strategy in your case.

Constitutional Challenges 

One of the most common defense strategies for criminal lawyers is to file motions that exclude evidence for some violation of your rights. Some examples of Constitutional challenges might be filed are:

• A police officer collected evidence following an arrest, but did not have probable cause to make the arrest in the first place.
• Evidence was collected through an unlawful search and seizure.
• The defendant made incriminating statements during an interrogation but had not been advised of their Miranda rights

If the Constitution was violated in the above ways, or any other, evidence obtained as a result of the violation can be suppressed. This means the prosecution cannot present it to a jury, which can significantly weaken their case against you. In some cases, the case may be dismissed by the judge or the prosecution may even choose to drop their case.

Affirmative Defenses 

In some cases, defendants may be able to use an affirmative defense. This means that the defendant did commit the action that resulted in charges, but there is evidence that they were not criminally responsible. The most common affirmative defenses are self-defense and defending others.

State law does not require individuals to retreat from a threat. Everyone can use force to defend themselves from the threat or use of force. If a person fears great bodily harm or death, deadly force is even warranted.  Sometimes, this may be referred to as “Stand Your Ground.”

Other affirmative defenses include:

• Mistake of fact: For example, someone accused of theft may have left a store with another person’s cell phone. If they mistook the phone for their own, that may be an affirmative defense.
• Involuntary impairment: If a person was involuntarily impaired, such as if someone put a drug in their drink, and they committed a crime while intoxicated, it can show that they could not form the intent to commit a crime.
• Insanity: Individuals who are mentally impaired to the level where they could not understand the consequences of their actions, or know their actions were wrong, can use insanity as an affirmative defense.

Our Criminal Defense Lawyer in Fort Lauderdale Can Devise a Strong Strategy 

At Haber Blank, our Fort Lauderdale criminal defense lawyer knows the strongest strategies that can help you retain your freedom and protect your rights. Call us today at 954-767-0300 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

law.cornell.edu/wex/fourth_amendment