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Are you looking for the top defense attorney? Well, for that you need to have a clear idea regarding how the attorneys work. To make your quest easy, we will write down the findings of our research in a paper format.
When you go through the paper, then you will get an idea about the strategies that are applied by different attorneys to win their cases. The benefit of this practice is that it will become easy for you to select your Professional License Defense Attorney.
Writing Down the Different Factors That Influence a Case
When you are about to write down the defense strategies of the lawyers, then it is essential to list down the different factors that will influence the success of a case. The lawyer needs to have the details about the defendant’s explanation. The attorney should be able to judge whether the statement of the defendant holds any credibility or not.
At the same time, it is essential that the lawyer should have the testimony of the witness, and it needs to have credibility also. If the lawyer does not have provable facts, then he will not be able to defend his client by any means at all.
Physical evidence is also necessary to strengthen a case. The lawyer should make sure that he has the police reports with him if he plans to win the case. If possible, third-party reports can also offer value to the entire scenario.
No lawyer can win a case if he does not have an idea about the criminal prosecutor history and strategy. When the lawyer has the history of the judge, then it becomes easier for him to plan his strategy accordingly.
What the client and the lawyer need to keep in mind is that every case is unique. Well, this is the reason that the lawyer needs to weigh all the factors before planning his defense strategy. The lawyer should prepare an extensive case theory to strengthen the case.
Mentioning The Strategies That Will Help a Lawyer Win the Case
Once you list down the different factors that can influence the defense strategy, you should then move on to the defense strategies in your paper. Remember that it is vital that your paper should be organized; otherwise, it will not offer value to the readers.
Strategy 1: Mistaken Identity
There are times when witnesses make incorrect identifications, and this ends up to be the major source of incorrect accusations. Now, let us mention why incorrect identifications take place. Now, this can happen if a person has a similar description, and looks similar to the criminal perpetrator. Sometimes, the witnesses make assumptions that a person may commit a crime due to circumstances.
The attorney can cash on this, and if he is able to prove that the witness mistook the identity of his client, then there are chances that the defense case will become strong.
Strategy 2: Entrapment
Another essential defense strategy that you need to mention in your paper is Entrapment. Well, the truth is that is Entrapment can turn out to be a strong defense strategy. Let us explain what Entrapment is all about. Entrapment means that a law-abiding citizen commits a crime due to the simple fact that he received intimidation.
Strategy 3: Beyond A Reasonable Doubt
If the lawyer is eager to apply this strategy, then it is essential that he should do his homework first. He should have convincing evidence at hand when applying this strategy. What beyond a reasonable doubt means that the evidence should be so convincing that no one should be able to question the guilt of the person accused of the crime.
If the lawyer plans to apply this strategy, then it is mandatory that he should understand the psyche of the other lawyer. The defense lawyer should know about the working mechanism of the other lawyer. Plus, he should have an idea about the evidence the other attorney collected so far.
Another thing that you should mention in your paper is that beyond a reasonable doubt is a strategy that requires a lot of skill on the part of the attorney, and he cannot afford to go wrong here.
Strategy 4: False Confessions
The law enforcing authorities do make an attempt to adopt a transparent approach and ensure that they go for honest confessions only. However, things still go wrong sometimes. There are times when an innocent victim gets forced into making a false confession.
Different mental strategies get adopted for this purpose. Now, the real art is that a lawyer should be able to figure out if his client ended up in such a situation. For this, he needs to have an idea about the police working mechanism in the prison in which his client got imprisoned.
He should have sources to verify why his client ended up making a false confession. If the lawyer can prove this in the court, then there is a possibility that he will win the case.
Strategy 5: Mistake of Fact
The defense attorney can also apply this strategy if he figures out that there is a mistake of fact in this situation. There are times when people commit a crime due to an honest mistake of fact. Well, in this scenario, the person will not get considered as guilty for the crime.
Let us explain this by a simple example. There are times when a person mistakes someone else’s property as his and takes over that property. It can be a mistake of fact.
Strategy 6: Involuntary Intoxication
There are scenarios when a person does not have the intent to commit a crime. In many situations, the accused experiences intoxication, and ends up committing a crime. The lawyer will have to prove that his client underwent involuntary intoxication.
For example, if someone slips a drug into the drink of the accused, then it may cause a person to become intoxicated. There are other possibilities also. Sometimes a doctor prescribes medicine without any previous warning, and this may cause a person to become intoxicated.
For this, it is mandatory that the attorney should monitor the fact that all necessary medical tests get conducted for the person accused of the crime. Secondly, the attorney should also take the opinion of a medical expert regarding how intoxication can lead to violent behavior.
Strategy 7: Double Jeopardy
You should also mention some other key strategies used by defense lawyers. One such strategy is double jeopardy. As per the existing law system, a person cannot face prosecution for the same crime twice. There are situations when new evidence comes to light, and the accused may be forced to face prosecution.
What the defense attorney should do in this situation is that needs to present evidence that his client has already faced prosecution for the offense and cannot be prosecuted again.
Strategy 8: Plea of Insanity
Insanity is yet another claim that can save a person from punishment. If the defense lawyer can present convincing evidence that his client is insane, then the accused will not have to face any punishment at all.
For example, the lawyer can put forward the plea of insanity, if his client is not in a mental state to differentiate between right and wrong.
Strategy 9: Self-Defense
There are situations when people commit crime because their life is in danger. They are under pressure to react because not retaliating can put their life or the life of their loved ones in danger.
The interesting part is that self-defense is a common strategy that most lawyers use to defend the accused. However, this strategy will only work if the lawyer does not have a complete picture of the situation in which the crime took place.
He has to prove the fact that his client would have dealt with severe repercussions if he failed to react. Another name used for this strategy is necessity. The best approach towards using this strategy is that the lawyer should take his client in confidence, and ensure the fact that the client does not conceal any of the facts.
If the client hides facts, and this gets uncovered in court, then this can put the credibility of the defense lawyer on the line.
Once you list down all the defense strategies in your paper, make sure that you prompt the reader to talk out his concerns with his lawyer. It is also essential that the lawyer should discuss his chosen defense strategy with his client. There should be no hidden surprises for the client, and he should know what is coming his way.
When the client and the defense lawyer are on the same page, then this approach will strengthen the case, and there will be greater chances for the defense lawyer to emerge victorious. If the client is not satisfied with the strategy, he should not remain apprehensive. He should discuss it with his lawyer so that the attorney can convince him regarding his chosen line of action.