Criminal defense attorneys must often sacrifice their personal lives to ensure that they can best represent their clients. This includes missing important events and working long hours to prepare for a case.
The prosecution is required to prove their allegations beyond a reasonable doubt. This is a high burden to meet. Criminal defense lawyers focus on creating reasonable doubt to the prosecutor’s claims.
Insanity defense
A defendant can use the insanity defense to prove that he or she was not responsible for their actions because of a mental disease or defect. The defense must be successful in proving that the mental disease or defect caused the crime, and was not present at a previous time. It must also be established that the disorder was not a result of acute voluntary intoxication or withdrawal, caffeine withdrawal, a character defect, psychosexual disorders, or an impulse control disorder.
Traditionally, courts have required that the prosecution establish that the defendant is not insane by clear and convincing evidence. This is a high burden of proof, and it has led to a number of criminal cases being dismissed. However, the acquittal of John Hinckley in the attempted assassination of President Reagan caused many states to reform their laws regarding the insanity defense. There are now four versions of the insanity defense: M’Naghten, irresistible impulse, substantial capacity, and Durham.
Alibi defense
The alibi defense is a good way to raise reasonable doubt in the minds of the jury about your guilt. You don’t have to show conclusive proof that your alibi is true, but you must provide sufficient evidence to convince a jury of the truth of your claim.
Typically, an alibi is supported by witnesses who can testify that you were in a different location at the time of the crime, as well as documents like receipts, swipe card records, GPS or phone tracking data, and airline or train tickets. The strength of your alibi will depend on the strength of the evidence you present, so it’s important to choose reputable and reliable witnesses who aren’t close friends or family members.
Regardless of the type of crime, you should provide the prosecutor with written notice that you intend to use an alibi defense at trial. The law requires this disclosure, and it also specifies the time and place where you claim to have been at the time of the alleged offense.
Entrapment defense
The entrapment defense challenges the actions of law enforcement officers in cases where they have coerced or tricked a person into committing a crime they would not have committed otherwise. This defense is particularly difficult to mount because juries often view law enforcement with suspicion and distrust, and it is very challenging for a defendant to show that they were not predisposed to commit the crime despite being enticed by police.
To be successful in this type of defense, a criminal defense attorney must prove that law enforcement officers used deceit, threats, flattery or other tactics to induce the defendant into committing the offense. This can be done with subjective and objective evidence, such as character testimony or past conduct.
For example, say that the FBI entices a person to order child pornography by telling them they will be unable to protect them from gang retaliation. In this case, the person who ordered the pornography could argue that he or she was entrapped by the FBI. Get to know more by visiting strafverteidigung münchen.
False accusation defense
Being falsely accused of a crime is devastating and life-altering. It’s important to have the right criminal defense team on your side to fight for justice and clear your name.
The first step is to gather any physical evidence, and documentation that could help support your innocence. This may include emails, receipts, GPS data, or witness statements. This evidence will establish your alibi, and can be crucial in showing that you weren’t present at the time of the alleged crime.
A skilled Seattle criminal attorney can use this evidence to challenge the credibility of your accuser. They can also re-interview witnesses and highlight inconsistencies in their stories. In some cases, the evidence may be enough to convince a jury of your innocence and free you from jail. False accusations have serious consequences, including a potential loss of employment, damage to reputation, and strained relationships with friends and family. The financial costs are staggering, as well.