Your criminal defense lawyer will formulate an effective strategy only after finding more about the prosecutor’s plan in your case. If the prosecutor argues that the defendant was at the site of the crime, the defendant’s lawyer is likely to ask questions and narrate a different story showing that his client was actually far away from the scene at the time when the crime was committed. Laying out a story convincingly is likely to proceed to conviction on a lesser charge, verdict of ‘not guilty’ or a plea bargain.
The Truth of Criminal Defense
Both a defense lawyer and a prosecutor can apply the same foundation of facts and still depict two stories completely different from each other. Both the defendant and his/her attorney have the responsibility to come up with a more convincing story to help the client out of the situation. The end story should have the following characteristics:
If the defendant’s vehicle was used as a getaway vehicle, the defense attorney may argue that it was stolen at gunpoint in the morning of the crime.
The defendant’s attorney may argue that his client tried to withdraw himself/herself from the crime before committing it and even went ahead to inform the police about the potential crime in order to prevent the crime from happening in the first place.
The defense attorney may try to explain and establish that his client was not at the scene of the crime when the crime took place. It is the attorney’s responsibility to show reasons for why the defendant was not at the crime scene.
Admissions & Denials of Guilt
It is most unlikely for two defendants to lay out the exact same version of what happened during the crime. A defense lawyer’s story will come under any of the following three categories:
Complete Denial: In a “Complete Denial” story, the criminal defense attorney denies all charges brought against the defendant.
Confession of Crime: It is when a defendant admits his involvement in the crime to the lawyer.
Admission & Explanation: It is something between denial and confession.
Developing a Criminal Defense Strategy
After the defendant tells everything to his/her attorney, they work together to develop the best possible strategy. Developing a strategy is not as easy as it sounds. It usually involves assessing witnesses’ credibility, understanding reputation between the police and the community. Based on these considerations, revelation made by the defendant and other provable facts, the criminal defense attorney will develop a “theory of the case”.
If you have talked to an experienced lawyer from Galveston Criminal Defense Law Firm, the professional has responsibilities to inform about different aspects of the prosecution’s case as it will help the defendant know the types of evidence required to produce. Depending on the nature of the crime and other facts, the defense attorney will choose the right strategy from different options. The defendant should not hide anything from his/her client; otherwise, it is unlikely for the criminal defense attorney to come up with a strategy that will work in favor of the defendant.