Some people find themselves accused of crimes because they committed a violation of the law. Others are accused of illegal behavior because they were in the wrong place at the wrong time and it's a case of mistaken identity. Still, others face criminal charges due to a misunderstanding or a misinterpretation of the evidence at hand. Regardless of the reasons behind your arrest, you have the legal right to defend against the charges.
Here are three example defenses that people commonly find useful in criminal cases:
1. Providing a compelling explanation
In cases where the defendant is likely to be found guilty, it can be helpful for the defendant to put his or her actions in a better context by explaining why the events played out the way they did. Perhaps, for example, the defendant sold some drugs because he was desperate to feed his hungry daughter. Although such an action would still be considered a crime, in light of the explanation, the court might be more lenient when determining any penalties.
2. Presenting irrefutable evidence or an alibi
While the burden of proof should always fall most squarely on the prosecution, it is also important for the defense, when possible, to present facts and evidence that illuminate why the prosecution is wrong. For example, maybe the defendant was flying on an airplane when the crime happened somewhere else. In such a case, the defendant could present an alibi, perhaps backed up by a statement from a fellow traveler who can vouch for the defendant's whereabouts. Or, evidence of purchase and travel receipts could also show that the defendant could not have committed the crime.
3. Showing that the police violated your rights
If your rights were violated by the police before, during or after your arrest, it may be possible to have the charges against you dropped. For example, if the police violated your rights by searching your vehicle without a valid reason or search warrant, any evidence obtained in the illegal search may be kept out of court. This often results in dropped charges.
Never forget that you are innocent until proven guilty.
Remember, the burden of proof must be placed directly on the prosecution, and for a conviction to happen, guilt must be proven beyond a reasonable doubt. This burden of proof can be very difficult for the prosecution to overcome in certain drug crime cases.