It’s rare to see federal criminal cases
go to trial
and those that do end in conviction often. However, the importance of a good defense could still affect the sentencing. There are three main types of defenses when criminal law is concerned.
- Procedural defenses take into account technicalities.
As pressure increases on the police force, mistakes will be made. Any errors give the defense grounds to get a more favorable outcome. The Fourth and Fifth Amendments are the most common reason for prosecution to crumble in cases. Without a warrant or producing the illegal item in possession cases, the evidence is inadmissible, and the case has no merit. Similarly, if rights were not read when detained (which can happen long before a suspect is in handcuffs), what is said or obtained can be argued as unlawfully gained.
- Substantive is one of the most effective defenses for criminal law. In criminal law, you must prove guilt beyond a reasonable doubt. Innocent until proven guilty is a very real statement in a court of law. Many factors are involved, but unless the prosecution can submit more than circumstantial evidence (and didn’t break any procedural rules in the process), the defendant could still be found innocent. Substantive defense doesn’t even require the lawyers to do or say much if the prosecution does not have enough evidence against the suspected offender.
- Affirmative is the last line of defense. These require the defendant to admit they committed the crime in question and argue justified conduct under the law. Two common examples are self-defense regarding an assault or consent in a sexual battery. The reaction must be proportionate to the threat. The burden of proof also comes into play, as a civil suit has a lower burden of proof than that of a criminal case.
The Akron Traffic & Criminal Law Attorneys at Hoover Kacyon, LLC., pride ourselves on having experience resolving cases through both litigation and settlement. We make it our utmost goal to ensure that you understand the charges against you, the potential penalties and consequences and make an informed decision as to how you would like
to proceed, knowing all of the facts and likely outcomes.
Having the proper representation can make or break your case, help you understand what you’re up against, and give you the best guidance every step of the way. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491
or
contact us online
to make an appointment.
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