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6 Common Strategies of a Criminal Defense Lawyer

Chances are, if you were charged with a crime, you are currently searching for a criminal defense attorney. There is a lot to think about when it comes to the trial, the severity of the charges, what will happen after the fact, and so on. What is truly going to make the difference for your case is having the best defense possible.

The best criminal defense attorney in Clackamas County and across the country is one who develops a strong case in your favor. This is often achieved by using a few different approaches. Here are a few common strategies that many criminal defense lawyers employ.

6 Common Strategies of a Criminal Defense Lawyer

1. Self-Defense

It is true that someone can use physical force on another for self-defense or to defend a third person from what seems to be an imminent force of danger. However, the claim does not hold up in court if the person stating self-defense was the initial aggressor.

Self-defense is an affirmative defense—the defense must prove innocence by presenting evidence. If the defense presents a sound argument that meets the requirements for a self-defense claim, the court will issue an acquittal.

2. Unreliable Informant/Witness

If a defense attorney can make a witness appear inconsistent or catch them in a lie, the judge or jury is going to be much less likely to believe the testimony. Unreliable witnesses are quite common, and a good defense attorney will challenge everyone’s reliability.

3. Entrapment

Simply put, entrapment is when a normally law-abiding citizen commits a crime because of coercion or intimidation. A good defense lawyer will use this strategy for cases in prostitution crimes and drug offenses.

4. False Confession

False confessions happen more often than most care to admit. According to the Innocence Project, “130 DNA exonerees were wrongfully convicted for murders; 40 (31%) of these cases involved eyewitness misidentifications and 81 (62%) involved false confessions.”

5. Police Misconduct

Unfortunately, law enforcement officials sometimes embellish facts or commit misconduct during an investigation. Police misconduct occurs when officers lie in their testimony or reports, improperly handle evidence, and coerce someone innocent to admit guilt. If someone finds themselves on the receiving end of police misconduct, they may even be able to pursue a civil rights claim.

6. Reasonable Doubt

If your guilt cannot be proven beyond a reasonable doubt, the court cannot charge you—this is easily one of the most common defense strategies of a criminal defense lawyer. There are times where a case can be so fragile and filled with entirely circumstantial evidence that attorneys will show how the plaintiff cannot prove any wrongdoing.

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