Every criminal attorney must master the best defense techniques that will enable them to secure the best outcomes for their clients. The tactics used for every case depend on the factors and questions at hand and should be masterfully implemented if you are to win a lawsuit. In this article, we look at five effective strategies criminal attorneys use to win lawsuits.
1. File pre-trial motions
One of the most effective ways to win a lawsuit is by filing a pretrial motion to propel the court to dismiss the case or make a summary judgment. Legal motions commonly used include the New York Motion to Suppress ( 710) Law (2019) that comes in handy for dismissing evidence or statements against a defendant.
To file a pretrial motion, criminal attorneys will analyze specifics about the case to determine if there are grounds for the dismissal of the case. Misconduct by the prosecutor and abuse of legal procedures are commonly used to set the stage for these motions, making it harder for a lawsuit to go to trial.
2. Establish reasonable doubt
A defendant can only receive a guilty verdict if the evidence presented to the courts is beyond a reasonable doubt. This creates room for a professional criminal attorney to question the credibility and satisfaction of the witnesses and evidence presented.
Among the ways to establish doubt is through logical explanations, questioning the credibility of the witnesses, and demonstrating bias in the reports submitted. Once errors are pointed out, the evidence submitted will not be satisfactory enough for a jury to make a unanimous decision.
3. Accidental crime
Premeditated and intentional crime always attracts harsher sentences, which is why criminal attorneys use accidental crime as a defense for their clients. While different states have varied penal codes differentiating deliberate and accidental crimes, the latter often leads to a lesser punishment.
Generally, unintentional crime has no criminal intent and happens by accident. For most criminal attorneys, this is a strategy for present their arguments, even if it is a first-degree murder to win a lawsuit.
4. Not guilty tactic
A mark of a seasoned criminal attorney who has handled state and federal crimes is the number of not guilty verdicts they have won. The not-guilty tactic is built on the presumption of innocence that is used to raise questions on the evidence presented by the prosecutor.
The capability to stand by a client’s innocence is one of the oldest yet most effective strategies to win lawsuits. It makes the prosecutor work harder to put together all pieces of evidence while the defendant’s attorney pokes holes in them using logical questions and explanations.
5. Alibi defense
Since a person can never be at two different places at a go, the alibi defense is an effective strategy to prove a defendant’s innocence. Criminal attorneys have mastered ways to provide alibis to their clients to show they were at a different place at the time of the crime. This then proves that they were not responsible for the events that transpired.
Criminal attorneys are masters at evaluating cases and weighing out multiple factors before choosing a path to take. Developing suitable defense strategies is part of handling criminal lawsuits, which is why you need seasoned criminal lawyers handling your case.