If you are convicted of a crime in LA, you will not only serve your jail time but the criminal records will linger indefinitely on your records affecting your future chances of employment. Therefore, even if you think that you will only get probation, the consequences could affect you many years from the date of your conviction. Although there are legal methods that you can follow to expunge your criminal records, it is better to put a good defense case to prevent you from being convicted of a crime. Irrespective of the crime that you are accused of, you have a chance to dispute the charges and prove your innocence and thus, protect your record.
Before a person is convicted of any crime, the prosecutor is required by the criminal law to prove the guilt beyond any reasonable doubt. The requirement to prove beyond any doubt gives the defendant a chance to present your defense. There are several ways a defendant can present a defense with the most common ways being “I did it for self-defense” and “I did not do it”. Although you can put your defense yourself, it is advisable to seek the services of a criminal lawyer. With an experienced criminal lawyer, your chances of proving your innocence will be higher.
What you should know about “I Didn’t Do It” defense
If you are accused of committing a crime, you will be legally presumed innocent until your conviction whether it happens through trial or plea. This means that the prosecution is tasked to convince the jury of your guilt. Since a defendant is not required to prove innocence, the accused person can choose not to present any witnesses or even choose to remain silent and argue that the prosecutor did not prove the case satisfactory. However, on most occasions, a criminal lawyer will present an argument as well as witnesses to counteract the prosecutor’s case.
The criminal law has put a heavy burden of proof on the prosecutor to convince the jury with certainty that the defendant is guilty of committing the crime. The high burden of proof offers criminal attorneys with a good chance to impress the jury that the prosecutor’s claim is not enough proof that the defendant committed the crime. Furthermore, in addition to discrediting the prosecutor’s argument, the attorney can also choose to present an alibi defense. An alibi defense includes presenting the proof that the defendant was not in the said location during the time he or she is accused to have committed the crime.
What you should know about “I did it for self-defense”
Even when the prosecutor has adequate materials to prove that the defendant committed the crime, the criminal lawyer can still argue that the defendant had no other option as the events were justified by the other party’s violent or threatening actions. However, in self-defense cases, the success of the case depends on who was the aggressor and whether the defendant’s action at the time was reasonable and whether the force used in the action was also reasonable. The core of self-defense cases depends on the fact that people are allowed to protect themselves. However, the force that one can use for self-defense situations should be reasonable.
The lawyer can also choose to present an insanity defense. In an insanity defense, the principle argument is that punishment should be considered in cases where the defendant has the capability to control and understand their actions were wrong. The insanity defense protects people with functionality problems from being criminally punished. However, it is important to note that proving the defendant insanity is highly complicated and may require a highly trained and experienced lawyer to help you present your case.
In some cases, the defendants may argue that at the time of the event, they were highly intoxicated to a point that their mental functionality was impaired and thus, they cannot be held accountable for the events that happened. However, it is essential to note that voluntary intoxication is not adequate to excuse a criminal conduct. Nevertheless, a defendant can argue that at the time of the event, he or she was highly intoxicated to have committed the crime.
Since the consequences of a criminal conviction are dire, it is wise to hire a criminal lawyer to help you from the moment you are arrested. By using the services of a lawyer from the onset of your case, your chances of winning the case will be higher. The attorney will help you put up your defense as well as interview prosecution witnesses to gather evidence of your innocence. The attorney will also be able to use court discovery procedures as well as interview prosecution witnesses to prepare your trail. The attorney will also investigate your case to determine whether you have any chances of winning the criminal case before proceeding with the trial. If you have no chances of winning the case, the attorney will consider other avenues that can help reduce the offenses.