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Developing a defense with your attorney for your criminal case. Get the help from a team of cheap criminal lawyers in Denver
In general, a criminal defense strategy for your criminal prosecution will emerge as your criminal defense attorney finds out more about what the prosecutor is planning to do. Because each criminal prosecution is different from every other, a particular criminal defense strategy is unique to the situation at hand. For example, if a prosecutor in one case lays out a story that has the defendant at the scene of the crime, the defense attorney will probably ask questions that may lay out a different story showing the defendant at another location. In addition, how the criminal defendant acts and answers questions that the prosecutor poses will also change the criminal defense strategy.
However, this is not to say that a criminal defendant and his or her attorney sit around and make up false stories that would tend to show innocence. Generally speaking, a criminal defendant that is open and honest with his or her attorney will have a better chance of putting up a great defense. But it is worthwhile to keep in mind that the truth that a defendant sees is not always the truth that a prosecutor sees.
Indeed, there are often multiple versions of the truth that exist during a criminal prosecution. For example, if a defendant is on trial for murder charges, there could be many different true stories. In one storyline, the defendant killed the victim in cold blood as a premeditated crime. In another story, the defendant only killed the victim in self defense after the victim tried to assault the defendant. The best criminal defense strategy comes when the defendant and the defense attorney lay out a story that is based in truth and shows the defendant in the best light possible. Keep in mind that, even if a defendant is guilty, depicting a story in a better light could lead to a plea bargain or even being found guilty on a lesser charge.
Criminal Defense: The "Truth"
Much like a great storyteller, a criminal defense lawyer is an expert at telling a truthful story in a number of different ways. In reality, a prosecutor and a defense attorney can both use the same foundation of factual events and come up with two completely different stories. You can think of this in the way that you would think of a map of the United States. In one map, you have the states depicted in their geographic areas with the state borders in dark lines. However, the other map instead shows the United States in a gradient scale of colors based upon the average income per population. Although both maps are true, they will probably look nothing alike. In the end, it is up to the criminal defense attorney and the defendant to come up with the best story possible for the defendant's situation. The end story should have such characteristics as:
Being based in a truthful foundation of evidence. As an example, if the defendant's car was being used as a getaway car, show that the defendant's car was stolen from his person at gunpoint the very morning of the crime.
Having the ability to gain sympathy from the judge or the jury. For example, if possible, show that the defendant tried to withdraw from a crime before it was committed and even went as far as reporting the potential crime to the police in an attempt to prevent the crime from occurring.
Explaining and proving why the events that occurred in the defendant's story were the actual events. For example, if the defendant claims to not have been at the crime scene when the crime occurred, the defendant's story must show why the defendant was not there.
It is important for the criminal defense that the defendant's story be accurate and have the essential elements, based in truth, that point towards the defendant's goal. The defendant and his attorney should work carefully on this story before presenting it in court to make sure that no part of the story can be challenged by facts.
Denials and Admissions of Guilt
It is almost impossible for two defendants to come up with the exact same version of the events that took place during the crime. Generally speaking, a defendant's story will fall into one of three categories:
A "confession" story. This is where a defendant admits the crime to his or her attorney. As an example, the defendant comes into the attorney's office and admits that, "yes, I did break into the car and steal the radio as well as the money in the glove compartment."
A "complete denial" story. This is where a defendant denies all of the charges that the prosecution has laid against the defendant. Perhaps the most popular complete denial story is one that involves an alibi. "There was no way I perpetrated the crime that I am accused of. In fact, I was out of town with my girlfriend. Why are they charging me with grand theft?"
An "admit and explain" story. This type of story generally falls somewhere between a confession and a denial story. These stories normally involve a legal justification for the "crime." For example, "They are saying that I broke the window of the car and stole the radio and the money. However, what I actually did was use the key my friend gave me when he went out of town to remove the valuables from his car that was parked in a bad neighborhood. The glass must have been broken after I removed the radio and the cash from the car."
Creating a Criminal Defense Strategy
After the criminal defendant tells his or her story to their criminal defense attorney, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but will probably not be exactly the same. Coming up with a defense strategy is not as simple as telling the truth in a way that shows the defendant's innocence or lessened legal culpability. Instead, it will often involve weighing witnesses' credibility, figuring out the reputation between the community and the police as well as various other legal factors. In sum, all of these considerations will go into making a "theory of the case" that will be based upon the defendant's story as well as other provable facts.
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