A strategy for your criminal prosecution will be developed as your criminal defense attorney finds out more about what the prosecutor plans to do in your case. If a prosecutor 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. Additionally, how the criminal defendant acts and answers questions that the prosecutor poses can also change the criminal defense strategy.
The best criminal defense strategy comes when the defendant and the defense attorney present a story that is based in truth and shows the defendant in the best light possible. Depicting a story in a better light could lead to a plea bargain, conviction on a lesser charge, or even a finding of not guilty.
A prosecutor and a defense attorney can both use the same foundation of factual events and come up with two completely different stories. It’s up to the 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: 1) Being based in a truthful foundation of evidence. For example, if the defendant’s car was being used as a getaway car, show that the defendant’s car was stolen from them at gunpoint the morning of the crime; 2) Having the ability to gain sympathy from the judge or the jury. For instance, 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 and 3) 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 incident allegedly occurred, the defendant’s story must show why the defendant wasn’t there.
It’s 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: Confession – This is where a defendant admits the crime to their attorney; Denial – This is where a defendant denies all of the charges that the prosecution has laid against the defendant and can perhaps present an alibi to explain why they are denying the allegations. Finally, the defendant could admit and explain the circumstances behind what transpired. This type of story generally falls somewhere between a confession and a denial story.
After the criminal defendant tells their story to their criminal defense attorney, they will probably collaborate to come up with a strategy that will work best. Coming up with a defense strategy isn’t 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. 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.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.