Common Criminal Defense Strategies in Arizona
Many defendants facing criminal charges don’t fully understand the value an Arizona lawyer brings to their case. Some accept a public defender thinking that all attorneys are equal. Others plead guilty to the charges against them because they believe it’s an open and shut case.
No matter how you view your criminal case, know that a skilled attorney can create a defense strategy for you. While it’s not always possible to get charges dropped completely, even having charges lessened in severity can help with returning to life as you know it.
The consequences of a criminal conviction are many, and might include:
- Loss of freedom while serving a prison sentence
- Job loss due to an inability to work or becoming ineligible for your field of work due to a felony conviction
- Impacts on your ability to seek gainful employment for all future opportunities
- Difficulty in returning to school due to a criminal conviction
- Financial impacts from paying out fines related to a case
- Challenges in retaining custody of your children
- The inability to own a firearm
- Landlords refusing your application to rent their property
- Social impacts from friends and family not wanting to be around a convicted criminal
With so much hanging in the balance, you need an effective defense strategy to protect your good name and your way of life. Here are some criminal defense strategies your Arizona lawyer might recommend.
A good attorney knows how to identify evidence that the prosecution obtained illegally. If this happens in your case, your attorney can file a motion to suppress the evidence from your case.
Evidence is the basis of proving you’re guilty of the crime. Without evidence, the prosecution will face serious challenges in proving without the shadow of a doubt that you truly are guilty.
Public defenders are often beginning their careers and not as skilled at identifying law enforcement mistakes in obtaining evidence.
Questioning the validity of the arrest/warrant
Just like there are processes for obtaining evidence in your case, there is a process for your arrest or a warrant for your arrest. If law enforcement does not follow protocols, your arrest could be unlawful.
Anything you say while in police custody can also be called into question if the arrest or warrant were not obtained properly. If the arresting officer failed to read you your Miranda rights, then your statements while in custody can also be inadmissible.
Proving improper protocols can be challenging. Having a good attorney by your side will help in identifying these gaps in the prosecution’s case and filing a motion to ensure the case does not move forward if the arrest was questionable.
This defense strategy is one that should not be taken lightly. While popular television programming might show this as an easy defense strategy, you’ll have to prove a medical condition that impacted your decision-making abilities. This can have lifelong effects just like a criminal conviction.
Attorneys do not use this criminal defense lightly as it’s still life-altering. Discuss this defense strategy carefully with your lawyer before using it.
In a self-defense strategy, you admit to a crime but that you had to execute those actions to defend your life. Only when your life is in danger can you justify self-defense actions. There must be a clear and present threat that requires you to act with equal force and action to prevent harm.
Because there is a certain level of admission of guilt in a self-defense strategy, your attorney will carefully evaluate your case before recommending this action.
An affirmative defense denies your involvement in the crime at all. Your attorney will present evidence and witnesses that prove you did not commit the crime in question.
This is a popular defense strategy and one that you can almost guarantee your attorney will discuss with you.
If you need a criminal defense attorney, please contact our office. We offer a free consultation to get to know you and your case details.