Proving My Innocence

Criminal defense often involves trying to find the holes in a prosecutor's case. If you're going to invest in hiring a criminal defense law group to protect your rights, it's a good idea to understand how attorneys try to find a case's holes. A criminal defense lawyer will usually look for weaknesses in these four spots.

Evidence

A prosecutor can win a case with little to no evidence, but it's pretty tough. Judges generally want to see compelling proof that a defendant was present at a crime scene. Likewise, they want to see evidence that the defendant participated in the alleged offense. If the state intends to press a drug possession case, for example, something that passes for a controlled substance usually helps the prosecution.

Constitutional and Procedural Issues

The people who enforce the law also need to obey it. If you've ever watched a TV show where the cops read a defendant their Miranda warning, that's an example of a Constitutionally-required procedure.

Judges dislike when police don't follow the steps in the right order. Suppose the cops found drugs during a traffic stop. However, they didn't have cause for pulling the car over in the first place. A criminal defense attorney will jump on that fact and ask the judge to dismiss the case on procedural grounds.

Witness Credibility

Witnesses get things wrong. They also sometimes lie. Many witnesses aren't credible because they have ulterior motives. A criminal defense law firm might learn that the state cut a deal with a witness to drop charges in exchange for their testimony, for example. You have a right to ask a judge and jury to weigh that fact against the witness.

Even honest witnesses can have credibility issues. Perhaps they thought they saw something, but video evidence indicates they didn't have a good view of the offender. That fact could torpedo a witness's identification.

Motive and Intent

Many laws require a defendant to have had a motive for a crime and the intent to commit the alleged offense. If the prosecution is struggling to cobble together a motive, a criminal defense attorney will pound that fact. An embezzlement case might fall apart if the prosecution can't explain why the defendant would've wanted to steal the money.

Similarly, if the prosecution can't show intent, the whole case can fall apart. For example, someone in an assault case might have accidentally hit someone. Assault charges generally require intent to stick. 

For more information, contact a local criminal defense attorney.