Legal representation and a fair trial are both rights that you have if you’re charged with a crime. With the expertise of a criminal defense lawyer, you can enhance your chances of winning your case, as they will be able to prove that you are innocent to the jury. Listed below are some possible arguments that might be relevant in your case—contact criminal defense attorneys at Gemma and Karimi at 317-602-5970.
Defenses to Fight Criminal Charges
The right to be defended by a lawyer or the upholding of order can be claimed by any lawyer. Our success in fighting criminal charges is built upon certain principles we find most valuable.
- Principles and laws that have guided us throughout our years include:
- You are innocent until proven guilty
- You must be guilty beyond a reasonable doubt
- You are not compelled by law to testify against yourself
When prosecutors recognize that their case has weaknesses, they must either find new evidence or dismiss the case without prejudice. However, if they think they can uncover new evidence, they may dismiss the case without prejudice. By dismissing the charge without prejudice, the prosecution can later refile the charges if they so desire.
In most cases, this defense applies to the following crimes:
- Child pornography
- Sex crimes
- Domestic battery
- Probation violations
- Major felony offenses
In these instances, using force is often justified in response to violence. In most cases, the defendant admits to using violence but will claim it was for self-defense. However, the amount of force you should have used to prevent the attack, however, has to be reasonable. The criminal defense, in this case, is weak if a minor threat caused deadly force to be used. Defensive responses require an immediate threat to be used, and cannot be used for retaliation later on.
Breach of Constitutional Rights
Law protects the rights of criminal defendants just like everyone else. Law enforcement should make sure every step is done according to the Constitution between the arrest and the court appearance. If Law enforcement cannot use illegally obtained evidence, a criminal defense lawyer can argue the case should be dismissed. You cannot be forced to sign confessions or have your property illegally searched and seized by police officers.
Coercion or Duress
Defendants may be forced to commit a crime when defending themselves or another person from an unlawful force; defendants may be forced to commit a crime. You can use this criminal defense to claim you were forced to commit an illegal act by a threat to your safety or the safety of others. Defendants cannot invoke this defense if their actions have led to an unfortunate outcome. So, if you are forced to steal after having joined a drug deal in good faith, you can’t claim that you were forced to commit a crime.