In the complex world of criminal law, the pursuit of justice often hinges on the skilled and strategic efforts of criminal defence lawyers. When individuals face criminal charges, their legal rights, future and reputation are at stake. From challenging evidence and witnesses to exploring legal technicalities and negotiating plea deals, these strategies represent the front lines of defence in the battle for fairness and justice within the criminal justice system.
What Are Defence Strategies?
In criminal law, defence strategies encompass a range of legal tactics and approaches lawyers use to protect the rights and interests of their clients facing charges. These strategies aim to challenge the prosecution’s case. Effective defence strategies play a crucial role in upholding the principle of justice and ensuring that individuals receive fair and impartial treatment under the law.
Here are five strategies criminal defence lawyers use to safeguard their clients’ interests.
Reasonable Doubt
Reasonable doubt is a legal term used to describe a situation in which the evidence presented by the prosecution is inadequate to convict the defendant. It signifies a level of doubt that is substantial enough to make any reasonable person pause and think twice before taking any action related to the case.
In a criminal case, the prosecutor presents evidence and puts forth arguments to convince the judge and jury that the defendant is guilty of the charges against them beyond reasonable doubt. This simply means the information presented by the prosecution demonstrates the defendant’s guilt so clearly that any rational person would accept that as fact. Criminal defence lawyers often introduce reasonable doubt by questioning the credibility of witnesses, the chain of custody of evidence and calling attention to inconsistencies in the prosecution’s argument.
Entrapment
Another strategy used by criminal defence lawyers is proving entrapment. Entrapment is the coercion of a suspect by law enforcement agents to commit a crime. While law enforcement officers can create the conditions for a suspect to commit a crime, they are not allowed to coerce or persuade a suspect to commit a crime. For the entrapment defence to work, your lawyer must prove that the suspect was not predisposed to committing the crime.
Self Defence
With this strategy, your lawyer must prove that you committed the alleged act while trying to protect yourself or others. However, for the self-defence strategy to work, the defendant must not be the aggressor in the incident. The criminal defence lawyer must also prove that the defendant believed there was an imminent threat of harm, prompting them to act the way they did.
Violation of Rights
Each individual has rights under the Canadian constitution, even those suspected of committing a crime. If your Surrey criminal lawyer can successfully prove that there was a breach of your rights as an individual, charges may be dismissed. This defence generally works in relation to evidence collected by law enforcement. When evidence is collected using illegal methods, your lawyer can argue that that was a violation of your right to a fair trial.
Police Misconduct
While law enforcement officers are responsible for upholding the law, there are many instances where their conduct may work in your favour. Police misconduct occurs when an officer of the law coerces an innocent person into admitting guilt, makes a false report, or compromises evidence. In cases where a lawyer can successfully prove that an officer’s actions compromised due process, the prosecution’s evidence becomes less credible.
Duress
This strategy is available when a person is forced to commit a crime under the threat of death or harm to themselves or others. With this strategy, criminal liability is not attached to an action the accused had no choice but to commit. To use duress as a defence your lawyer will have to prove the following:
- There was an implied or clear threat of death or bodily harm(whether present or future)
- The threat was directed at the defendant or a third party
- The defendant had reason to believe that the threat would be carried out
- There was no other safe alternative available to the defendant.
Your Criminal Defence Lawyers in Surrey
If you or someone you know is facing criminal charges, remember a skilled and dedicated criminal defence lawyer, like those at Basra Law Group, can make all the difference in the outcome of a case. We fight tirelessly to protect the rights and freedoms of individuals, ensuring that justice is served. We assist clients with charges of domestic assault, murder and manslaughter, sexual assault, drug crimes and more.
In the end, the strategies employed by criminal lawyers are a testament to the power of the law to protect and defend. It is also a reminder that in the face of adversity, everyone deserves a fair shot at justice.
Call 604-560-0016 or complete our contact form to find out how we can help you.