Many people worry that once they have been charged with a crime, they will automatically get jail time. However, this is a less potential outcome if the crime was non-violent, there is no criminal history, and you have an experienced lawyer defending you.
To be charged with a crime, a complaint has to be levied against you, an investigation carried out, or both, leading to criminal summons or an arrest warrant. By the time you are charged and given a date to appear in court, it means there is evidence against you that the District Attorney intends to use in your prosecution. In this article, we’ll discuss key tips for winning a criminal trial.
1. File legal motion to quash the case
A motion to quash the case is a request to the judge to dismiss a criminal case. Once granted, the defendant is released, and the case against them is over. The accused can file a motion to quash the information or complaint at any time before they can enter a plea.
For a lawyer to succeed in filing a motion to quash, there must be insufficient evidence from the preliminary hearing, insufficient evidence presented to trial, or misconduct on the prosecutor’s part.
2. Argue for evidence exclusion
Criminal lawyers will argue for the exclusion of evidence from the case to weaken the prosecutor’s case and make it hard for them to push for a prosecution. This motion prevents having certain evidence presented before a jury due to its unreliability or use of wrongful methods that violated a person’s rights. If a criminal lawyer succeeds in having some crucial evidence excluded from the case, the prosecution has no choice but to dismiss the criminal case.
3. Explain innocence
Most criminal cases have a jury that decides on the defendant’s fate by voting. When a case goes to trial, it is the responsibility of the criminal lawyer to prove their client’s innocence and demonstrate to the jury why they should give a “no-guilty” vote. They move to challenge the evidence against you to get you acquitted.
The lawyer must also push to place a heavy burden on the prosecution to prove beyond reasonable doubt what they say the defendant did, really did happen. As much as the jury may use their gut instincts in making a decision, they must also be informed with facts of the evidence presented beyond a reasonable doubt.
4. Hire the best criminal lawyer
If you intend to win a criminal case, go for a lawyer with good experience and a reputation for winning criminal cases like yours. A good criminal lawyer may come with a higher price tag, but it will be worth it in the end when they win you your freedom back.
5. Don’t litigate for vindictive reasons
Make sure you are going to court for the right reasons, not revenge or spite. Lying or hiding the truth in the hopes of exerting revenge will only hurt you and cause you unnecessary litigation expenses. If you are driven by anything else but the truth, consider settling through mediation or terminating the case altogether.
6. Polish up on your side of the story
When going to court, polish up on your story, as you will be required to recount it. Your story should be relatable, clearly displaying the message that you need to show. Remember, even when armed with the truth, it can still end up in a misfortune. For this reason, go to court well-prepared with what you wish to tell to show your innocence. Do not be overconfident, and remain calm and polite at all times.
7. Be flexible and listen to advice
Your criminal case may not always end with the outcome that you were looking for. In as much as you make your demands known, be willing to negotiate and compromise for a settlement to avoid risking your case taking forever to be decided on. Negotiation can help both parties involved reach a favorable outcome and settle.
While at it, it is important to allow your attorney to guide you through the process and trust their legal advice-they are the experts in this. There is no cause to worry about trusting the legal advice and decisions that your lawyer makes if you took the time to hire the very best.
A good criminal lawyer is your best legal recourse to winning a criminal trial. Take your time and choose correctly. Once you settle on one, tell them the entire truth about your case, withholding nothing that can jeopardize your case. Please leave it to your lawyer to work an angle on how best to represent you as the professionals they are.