Common Defenses We Argue in Criminal Cases
As criminal defense attorneys, our job is to create reasonable doubt in
a client’s case. Our goal is for the court to determine that guilt
cannot be established beyond a reasonable doubt. When we go about presenting
our defense, we want to create the most favorable outcomes for our clients.
In order to achieve this goal, we must research the facts, investigate
the case against our clients, and negotiate deals if necessary.
The details of these cases can vary widely, but in any criminal case, there
are usually four primary defenses that we might present:
If we are taking this route in a case, the ideal scenario is that our client
is actually innocent. However, our job in this situation runs deeper than
simply stating the client’s innocence. Our job is to build our client’s
defense around their innocence. To do this, we find witnesses and experts
to testify. Simply stated, this helps us locate evidence which proves
that the client did not commit the crime. This can include alibi witnesses
or presenting evidence in court that shows another individual’s
guilt. The more evidence we are able to locate and present, the stronger
of a case we will be able to argue. For this reason, it is essential to
have an attorney who you feel comfortable communicating with and confiding
in. Derek A. Adame has firsthand insight into the strategies that will
be used against you, and is ready to discuss the details of your situation
and defend your rights.
Legally, self-defense only justifies the use of force when it is used in
response to an immediate threat. This threat can be verbal, but it must
put the victim in an immediate fear of physical harm in order to legally
justify a physical act of self-defense. We often use this claim in cases
of assault, battery, and murder cases, but we must justify that our client
harmed or killed someone in order to protect themselves from threats of
violence. In order for this defense to be successful, it is essential
that we prove there was a high risk of danger that called for these actions.
Another option in a criminal defense case is to plead insanity. In order
for this to be successful, we must prove beyond a reasonable doubt that
our client was suffering from a mental illness which caused them to commit
the act. These cases can be a bit complex because by nature because they
require us to show that our client was unable to determine right from
wrong at the time of the crime. Another complication with this type of
defense is that it also requires us to admit that our client is guilty.
However, in admitting this, we are also saying that the guilt should be
excused due to lack of mental stability. We only choose this option if
it can be proven beyond a reasonable doubt.
- Constitutional violations
Regardless of whether you have committed a crime, you are entitled to certain
protections under the US Constitution. When we discuss the details of
your case, the potential for these violations will likely be a subject
that is often brought up. If you were treated unfairly during your arrest
or in the way that evidence was presented, we want to have a record of
that to help us build our case. If these violations are severe enough,
they can even cause the charges to be dismissed or result in a plea bargain
and a lesser charge.
Some examples of common constitutional violations that tend to happen throughout
the arrest process which we can use to build your case include:
- Failure to obtain a warrant
- Prompting a coerced confession
- Illegal searching and seizing evidence from the defendant’s property
- Breaking the chain of custody on evidence collected
- Not reading a defendant their Miranda rights
If you are being accused or charged with a crime, Derek A. Adame can provide
the aggressive defense you need. Call us at {F:P:Sub:Phone} or contact us online
to find out how we can help your case.