Defense attorneys (DAS) have many strategies to shield their clients from persecution. One advantage is that they never have the burden of proof. It is the responsibility of Mississippi prosecutors to prove beyond the shadow of a doubt that the defendant committed a criminal offense.
But, how do they do it? Below are five strategies DAS employs:
Getting them off the hook
1. Dismissal of charges
Were the constitutional rights of the defendant violated? If so, that might be grounds to get the charges dropped. There are many reasons why the evidence against the defendant might be faulty. Matters involving technical violations, procedural infractions and mishandling of evidence are but a few of the reasons that could present problems for the prosecution’s case.
2. Grace for a first-time offense
Even if a defendant admits guilt, she may not be charged. If this was her first time committing a non-violent crime, she might
be eligible for a reprieve. Defense attorneys will argue for leniency based on a first offense.
3. Throw out the evidence
A motion is a verbal or written request to a judge to render a ruling. Motions to exclude evidence are filed when the defense attorney challenges the validity of the plaintiff’s evidence. There are many ways in which evidence can be debunked.
4. He was not mentally competent.
The accused may not have had the capacity to know right from wrong or may h. If there is medical evidence to corroborate the insanity defense, the defendant could be sent to a psychiatric hospital and not prison. Self-defense arguments also may exonerate someone charged with a crime. The act had good intent in that the defendant was protecting himself.
5. Plea bargains
These involve negotiations between both sides. The defendant admits guilt in exchange for less prison time or another reprieve. This approach can avoid a lengthy trial.
Getting them off the hook
The defense attorney is vital to the future of the accused. Innocent people have languished in prison cells for years only to be exonerated by DNA (or other) evidence many years later. Thus, a lot rests on the skill and experience of their attorney. The strategies they use can sway the case towards, or away from, the defendant.
