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Criminal Defense Strategies

July 09, 2019

Criminal Defense Strategies

Consequences of Conviction

When someone has been arrested and is facing criminal charges, it can be a very scary process.  Getting something on your permanent records, facing jail time, losing a driver’s license, paying heavy fines, all of these can seriously negatively affect someone’s life.  Whether the individual is guilty of the crime or not, having a quality defense attorney can make a huge difference. They can help gather intel and evidence, fight for your innocence, or help get penalties reduced when innocence cannot be proven.  Using other criminal defense strategies can also help the defendant in court.

Focusing on Mistakes Made by Arresting Officers

A big target for defending someone against criminal charges is by turning the attention to the arresting officer.  There are many rules in the legal world that revolve around pulling over others, gathering evidence, questioning the defendant, and other legal formalities.  When the officer makes a mistake in these proceedings, a claim can be made in court that there were unfair circumstances for the defendant.

Lack of Probable Cause or Reason to Be Suspicious

An officer must have a good reason to be suspicious of another party.  There has to be some evidence or circumstance that gave the office probable cause to believe that a crime is or was being committed.  Usually, this is difficult to prove otherwise as it is often one person’s word against an officer. However, dash cam videos from the police office can offer some insight.

Denial of Legal Representation

Everyone has a right to request an attorney when arrested and taken in for questioning.  People may exercise the right to stay silent and waiting for legal council before answer an officer or proceeding with any type of questioning or interrogation.  If offices continue to push and refuse to allow legal representation, the case can be thrown completely away. The same goes for actually telling the person their rights as an arrested citizen.

Arresting Officers Record

If an arresting officer has a record of planting evidence, racist habits, arrests of innocent parties, etc. an attorney can attempt to exploit this.  In some cases, it can help someone’s case by showing that the officer has a history of charging people unfairly.

Invalidated Evidence

Officers have to either have a warrant or probable cause when gathering evidence against an arrested party.  If they force their way into your care because of your skin color when there is no sign of drug use or possession, the drug evidence found in the car could be invalidated.  In other situations, police officers plant evidence and this can be proven as well.

Challenging Tests in DUI/DWI Cases

It is also possible to challenge the tests used for a DUI or DWI case specifically.  Perhaps you performed a walking test properly, but the cop tries to claim otherwise. Maybe you had much less in your bloodstream at the pullover, but the cop took a long time to test you, giving more time for the drug to be more thoroughly in your system. This can be seen as unfair or manipulative of the results and help your case in some instances.

Witness Testimony

Relying on the testimony of others can have a major impact on a criminal case.  You may have assaulted someone but not used a weapon. Perhaps the injured party claims you used a weapon.  This could turn into an aggravated assault charge. However, if a witness comes forward to support you and shows the victim was lying, this can be a major turning point in your case.  Getting truthful perspectives from others in the area of crime can really help you overall.

Contact an Experienced Camden Criminal Defense Lawyer About Your Charges in New Jersey

Were you arrested or charged with a crime in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Garber Law, P.C. have successfully represented and defended criminally charged clients in Pennsauken, Voorhees, Haddon Township, Collingswood, and throughout New Jersey. Call (856) 281-1480 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 1200 Laurel Oak Road, Suite 104, Voorhees, NJ 08043, as well as a secondary office in Philadelphia, PA.

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