If you’ve been accused of a crime, you’re likely very stressed out, and understandably so. This blog will try to explain how your lawyer may try to defend you in a criminal trial by describing three frequently used strategies. Keep reading to learn more about how a Red Bluff criminal lawyer may help you.
How Do I Win a Criminal Trial?
There are three big strategies that your lawyer may use to win your trial. Depending on the circumstances, your lawyer might use all three. These are:
- Using motion to exclude evidence to remove illegally obtained evidence.
- Using motion to dismiss to
- Finally, convince the jury the client is innocent.
Motion to Exclude Evidence
A legal motion is a request, typically from your lawyer to the court. When a lawyer moves to exclude evidence from a case, it means the lawyer is asking the judge to hold that the evidence offered by the other party is not permitted. Motions to exclude evidence can be crucial, making it more difficult for the prosecutor to get a conviction. If the judge excludes critical evidence, the prosecution may have no choice but to dismiss the case.
Some reasons evidence may be excluded are:
The evidence was wrongfully obtained by police who violated the accused Constitutional right against illegal search and seizure.
The evidence was not handled according to the strict procedures required and spent some phase of the process unaccounted for.
Statements obtained illegally when the police don’t read the accused their Miranda Rights.
Motion to Dismiss the Case
A motion to dismiss a case is one of the most powerful potential motions. Should the judge grant it, the case against you is over and you must be immediately released. Motions to dismiss can be made as a pre-trial motion before the trial starts or after arguments are made. It argues that the government acted wrongfully, such as by not following legal procedures or violating the defendant’s rights. Some examples of reasons your lawyer may make a motion to dismiss are
- The government did not bring your case in the state where the crime happened. This is known as lack of jurisdiction.
- The government didn’t meet its burden of proof, which means it did not bring enough evidence to prove the crime happened. This is lack of evidence.
- The government allowed unnecessary delays and failed to provide you with a speedy trial, as is your Constitutional right.
Convince the Jury
In most cases, your lawyer will need to convince the jury that you are not guilty. This does not only mean proving innocence; it also involves explaining to the jury what a burden of proof is. In criminal trials, the burden of proof is “beyond a reasonable doubt.” Beyond a reasonable doubt is a fairly high burden, particularly as compared to civil cases, where the burden of proof is “preponderance of the evidence,” or a greater than 50% possibility. By contrast, beyond a reasonable doubt means that there is no other reasonable explanation for the evidence presented but that you committed the crime.