The most essential aspect to win any criminal case is to work with strong criminal defense strategies. It is not possible to win the criminal case if the strategies are not to the point. This leads to a huge fine or long-term prison. However, it is a long process to follow that can be managed easily by experienced lawyers such as a cobb county criminal defense attorney. It includes a meetup with the prosecution and understanding the defendant’s version.
It is vital to know the plan of the criminal prosecutor about a case to know the difference between the defendant and the prosecutor’s statements. This can even include cross-questioning to understand the actual situation and conjure up situations or strategies to win the case. When the defense lawyer and defendant conjure up a story that portrays the defendant in a good light, this opens up options like finding the accused not guilty, a conviction less charge, and plea bargain.
Factors Affecting Best Defense Strategies
It is not a cakewalk to work up with the best defense strategies. There are several things that affect defense strategies and ensure to make the best decisions.
1. Credibility and testimony of a witness
2. Explanation and credibility of defendant’s statement
3. Police reports, loopholes and its trustworthiness
4. Physical evidence and provable facts
5. Judge’s history and judicial precedent
6. Penal code charge and elements to prove a crime
7. 3rd party testimony and reports
8. Prosecutor history and strategies
There are so many things that defense attorneys at Cobb county have to keep in mind while reviewing the circumstances and facts of a case. On top of that, things differ as per the case history since every case has its own unique aspects. However, defense and case theory developed on these factors help in succeeding. Especially, if an individual is facing harsh penalties and prison, it is best to get in touch with an attorney to competently defend yourself.
Topmost Criminal Defense Strategy Followed By Lawyers
Mistaken Identity – An incorrect accusation can often lead to ruining not only the image but also the life of the accused. This usually happens due to the incorrect witness identification that places the crime over an innocent person. The main reason for mistaken identity is the description of the criminal being similar to an innocent person. Another reason is when a witness assumes that the crime is done due to a certain situation or circumstances by a person. On top of that, the actual criminal might be a witness that is trying to hide his/her crime by accusing someone else.
Alibi – The best thing that can help the lawsuit filed by a Cobb County criminal defense attorney is an alibi that is the right of the defendant. If the lawyer can prove that the respective individual was somewhere else during the time of crime then the defendant will not be guilty of the crime. The alleged crime can not be put up on the individual if he/she was somewhere else instead of being around the crime scene.
Necessity – It is possible that a crime is done just to save someone from greater harm. A murder in defense or any other crime similar to it is termed as a necessity. If any other person or defender were in harm ways then the crime is not punishable. However, the potential danger is measured up in such a case. Even the circumstances that lead to potential danger are looked up as such as the defendant is facing life-threatening circumstances. The criminal act must have a reasonable alternative to ensure that the defender is not guilty. Also, the criminal attorneys at Cobb county must have proof to remove the charges from the defender.
Limitations – Another thing is that the prosecutor cannot be charged with things that happened ages ago. If the crime occurs years ago (more than specified years) then charges against the defendant must be dropped. Over time, anyone can tamper with evidence and hence it will hold no value in eyes of law. The accused will be free of charges after the specific time frame. However, it includes essential additional statutes such as gainfully employed, state of the committed crime, and no assumed identity. These rules differ as per the state and country but have some common exceptions. One of them is punishable by death offense, murder, public funds embezzlement, and life imprisonment has no statute of limitations.
These are the major strategies that lawyers like Cobb county criminal defense attorneys can consider while fighting the criminal case. However, it depends on the nature of a case that is the deciding factor. This depends upon denying an allegation or pleading the truth, the defense strategies can pull up the shreds of evidence to win. The expertise and experience of the lawyer matter a lot when it comes to working upon strategies that can save effort and time.