No two Pennsylvania criminal cases are alike, and neither are the ways such cases are defended.
Defense attorneys have quite a bit of latitude when it comes to defending their clients from criminal charges.
Nonetheless, there are a few tried-and-true methods of defending clients that a significant number of legal professionals employ.
3 Common Criminal Defense Strategies
Here are three of the most effective arguments and tactics defense attorneys use to resolve their clients’ cases in Pennsylvania:
1. Seeking a Plea Agreement
This strategy seeks to obtain the most favorable plea deal possible for the client while avoiding the risks of trial. It’s commonly employed when the defendant wants a speedy disposition of their charges or there’s considerable evidence suggesting that they’re guilty.
The success of this method depends on the client being clear about the terms they would accept and those they would not. The defense attorney then negotiates with the prosecutor and tries to reach an agreement that encompasses as many of the client’s terms as possible. The client has the final say on whether to accept any proposed agreement.
2. Raising Reasonable Doubt
The prosecution bears the burden of proving that you’re guilty beyond a reasonable doubt — you don’t have to prove your innocence nor introduce any evidence in your defense. Some attorneys build a plan around these principles by arguing to the judge and jury that the prosecution’s case doesn’t meet the mandatory legal burden.
The overall goal of this approach is to convince the factfinder that the prosecution’s evidence and witnesses aren’t reliable or sufficient. The defense attorney might attempt to undermine confidence in the entire case or evidence about one essential element.
If the jury isn’t willing to declare the defendant guilty beyond a reasonable doubt, the strategy has worked.
3. Fighting Admission of Evidence
One final defense strategy frequently seen in Pennsylvania courtrooms is more aggressive. Fighting the admission of evidence involves making an effort to exclude as much inculpatory evidence as possible and keep it from being used at trial.
Motions to suppress evidence and similar legal filings can be used to challenge the admissibility of:
● The defendant’s statements to the police
● Unconstitutionally seized evidence
● Illegally obtained DNA evidence
● Testimony of certain witnesses, like experts
The idea is to prevent prosecutors from using the evidence they possess. If the tactic succeeds, the prosecution would lack the evidence needed to convict. They would then be forced to either dismiss the case or agree to a plea deal that favors the defendant.
Why It Pays to Hire an Attorney
Being familiar with these defense strategies doesn’t automatically make one skilled at defending themselves against criminal charges.
Knowledge of substantive and procedural laws and the ability to present sound legal arguments persuasively is also vital for any winning defense strategy. These are key qualities to look for in a criminal defense lawyer who can implement the most effective strategy for your situation.
If you or a loved one are facing criminal charges in Pennsylvania, contact us today for a free consultation.
