In order to have a good criminal defense, it is important to turn to a team of expert lawyers who allow you to understand the different avenues and defense mechanisms that can be applied depending on your case. Therefore, it is valuable that the accused can first determine the conditions under which the event occurred, as well as its implications on it, so that lawyers can establish an accurate strategy that fits the client’s needs. In that sense, in this article we will explain 5 things that you should take into account to have a good criminal defense in your judicial procedure Law tutor.
1- CONTACT A LAWYER WITH EXPERIENCE IN CASES THAT ARE SIMILAR TO YOURS
It is important that you use a team of lawyers with proven experience in criminal proceedings that are similar to yours. This is necessary, since in this way you ensure a large part of the criminal defense that you are looking for according to your specific needs. Remember that the way to verify your participation in similar cases is through press releases, minutes and any other document that specifies your participation. So in the first meetings with the legal team you should make sure of this experience, to better understand what legal avenues you can resort to in your criminal process.
Lawyers must also prepare in advance by studying cases, strategies and sentences that are related to your procedure. For this reason, by having a trained person with previous experience, you can have some advantage when establishing the strategy to use. Because your lawyer will know exactly which references to turn to and will be able to present you with several alternatives in a short time.
2- ESTABLISH THE DEFENSE STRATEGY
Defense strategies from one case to another are different, so it is important to have preparation prior to meetings with the prosecutor’s office or other body that is supervising the process. At this stage is the moment in which the way in which the defendant counteracts the acts accused by the plaintiff is defined. At the same time, it establishes the arguments by which the defense will be carried out as the case may be.
One of the most common strategies is that of the intention of the accused, in which the criminal defense demonstrates the thoughts or feelings of the accused with the crime to establish the intention of the defendant. In these cases, the idea is to demystify charges of complicity or another type of crime in which the accused appears involved as a third party. So it is only applicable and relevant in different scenarios where it can be demonstrated that the client did not want to participate in the crime, even with evidence that links him to the fact.
3- DEVELOP A GENERAL AND A PARTICULAR STRATEGY
To have a good criminal defense it is necessary to have two types of strategies, one general and one particular. The first refers to one that covers the entire criminal procedure, that is, a strategy that can argue, according to the established objective, each piece of evidence, writing, and diligence that is part of the process. With this, your legal team will be able to build a concrete narrative that can help you dismiss the charges for which you are accused.
In the case of the particular strategy, they are the arguments that seek to counteract the particular accusations presented by the plaintiff. This is useful for dismissing the statements of specific witnesses, so the defendant’s legal team can prepare his response to these testimonies in advance.
4- QUESTION THE PROCEDURES USED BY THE AUTHORITIES
Another strategy presented by a good criminal defense is the demonstration that the procedures used by the authorities were illegal and unfair. In this way, some of the evidence presented by the plaintiff can be dismissed and the consequences of sentencing can be alleviated. This can be achieved by the team of lawyers by verifying the methods by which the authorities collected said evidence, even if it is testimony. So that irregular circumstances that endanger the veracity of said evidence in the criminal process can be verified.
For example, in a procedure where it was necessary to search a home, it must be demonstrated with sufficient elements that the authorities did not have a court order at the time of entering the property. In this way, it can be determined that the conditions under which the evidence was obtained were not in accordance with those established by law, and these lack legitimacy in the criminal process.
5- NEVER DECLARE OR TESTIFY TO ANY FACT DURING DETENTION
This is one of the main tips when identifying a good criminal defense. At the time of arrest your attorney must notify you that it is your right not to testify without a legal representative . Therefore, the accused must be friendly, without generating controversy and adhering to this right to be able to control the environment and subsequent consequences after the arrest. This is recommended, since it usually happens that during the procedure things are declared as a result of desperation or adrenaline of the moment. And this can have serious consequences when implementing defense strategies.