When a criminal case goes to trial, the prosecution is trying to persuade the jury that the evidence they are presenting means that the defendant committed the crime. The defendant, meanwhile, is trying to establish reasonable doubt about his or her guilt. In other words, to get acquitted in a criminal case, you do not have to prove definitively that everything the prosecutors are saying is false or that the events they are describing or showing video footage of never happened. Unless the prosecution’s evidence presents an airtight version of events, the jury must give you a not-guilty verdict. The best defense strategy varies according to the alleged crime and according to the evidence that the prosecution is using against you. A Texas criminal defense lawyer can help you choose the most appropriate defense strategies for your case.
I Was Somewhere Else When the Crime Happened
Presenting an alibi by saying that you were somewhere else when the crime happened is most often applicable in violent crime cases such as armed robbery. This strategy may also work in some financial crime cases, though.
For example, if your employer accuses you of embezzling funds by logging into your company’s bank account on a work computer and transferring the money to the bank account of an accomplice, you might be able to argue that you were not at work that day and did not have access to the company’s computers.
The State Only Obtained This Evidence by Violating My Rights
The prosecution does not have the right to present evidence that they obtained in violation of your rights. For example, if police found evidence against you by searching your property without a warrant and without your express consent, this is a violation of your Fourth Amendment right to protection against illegal search and seizure. You have the right to petition the court to stop the prosecution from displaying illegally obtained evidence. Without this evidence, you may have an easier time demonstrating reasonable doubt about your guilt. The prosecution might even decide that, without this evidence, they don’t have a case against you, and they might drop the charges.
My Actions Fit Some of the Criteria for This Crime, but Not All of Them
Many criminal offenses have several components. For example, charges of embezzlement only apply if you divert money from your employer’s bank account or cash register without your employer’s consent. You might acknowledge that you made the transactions that the prosecution is attributing to you, but you might argue that your employer authorized you to make the transactions or even instructed you to make them.
This Evidence Proves That the Crime Happened but Does Not Prove That I Did It
In many criminal cases, the defendant is able to secure an acquittal by showing gaps in the prosecution’s logic. In other words, “So what?” can be an effective response to the prosecution’s evidence.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you build an effective defense strategy. Contact the Law Office of Patrick J. McLain, PLLC, to discuss your case.