Category Archives: Defending Criminal Charges

How Lawyers Defend Against Criminal Charges

A lawyer has a very important and a difficult job when it comes to defending a guilty. An accused person actually guilty of a crime has also a constitutional right to get fair justice. A good lawyer can help the person shorten the jail term, or lower the fines and the penalties and also help with a plea bargain with the prosecutors to lower the bad legal consequences of the guilt to a great extent,

The motions and arguments in defense

The evidences, eyewitnesses used for fighting the case can be effectively used only by a good lawyer. A number of criminal charges may be laden on the defendants, all of which may not be true; hence, the lawyers can prove the conviction false for lesser charges in the court of law. Many of the charges may be illegal and enforced by the police in the lure of getting criminal convictions regardless of the defendant being innocent or guilty. Some confidential details of the guilty need to be shielded by the lawyers. The defendant is sometimes made to accept and admit the crime himself before the court as a strategy to plead lower punishment or penalties. The defendant lawyer needs to make all possible arguments which will prevent the prosecutor from taking over the case in completeness.

Sometimes the crime committed is totally horrendous like murder, rape, etc which are unethical in nature. However, there are defendants who need to defend such cases too. Some lawyers take up such unethical cases just in the lure of getting a lot of money as fees. Sometimes, there are many fake evidences built up and in some cases the prosecutor is not able to prove the guilt in which case the accused goes scot free and the defendant wins the case which is not ethical and unacceptable in the court of law.

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In some cases, where the accused requires rehabilitation centre like for drug addiction which can be one cause for the crime, the lawyer takes this as an opportunity to argue and lower the punishment or jail term of a criminal

No emotional connect for better defense

The lawyers who are emotionally connected and affected by criminal cases are not able to defend the accused. A good lawyer is more pragmatic in nature. Understanding the criminal is one way the lawyer begins with. Also, fighting a trial case for an accused, there is no chance of sympathizing with the victims too.

Getting a fair sentence for the accused within the ethical boundaries is the only motto of the lawyers in such cases. The method of persuasion used while defending criminal charges many a times clicks with the jury and the judges’ verdict for fair justice administration.

The best thing a defence lawyer does is not to prove that the accused is not guilty or lie the facts, but to prove the Government fiasco in being unable to prove the crime due to incomplete evidence like using a blur video tape, CCTV footage to prove the crime, etc hence the accused even if guilty in real life is not proved legally guilty by the defendant. The ability of the prosecutor to prove guilt is often challenged this way by the good defendants of criminal charges.