Law enforcement officer interrogating murder suspect, arrested male feels guilty

How Does My Lawyer Begin to Form a Strategic Criminal Defense?

Building a strategic and winning criminal defense is a complex job for even an experienced Virginia criminal defense lawyer. The tools used are often legally complex and, in most cases, well-thought-out combinations of facts applied in a way that can be seen as a legal art. 

Drafting a complex criminal defense requires the utmost commitment, experience, and meticulous planning.

These cases first demand the evaluation of numerous aspects of your case, such as:

§ A complete and comprehensive case assessment -Your criminal defense lawyer will first conduct an extensive evaluation of the case. They will analyze all the evidence, review witness accounts, and review all the legal guidelines, allowing them to determine faults in the prosecution’s case

§ Create a rational and robust defense – Your defense will be customized to all the specific details of your case. Your lawyer’s primary focus is to cast doubt on the prosecution’s case by any legal means, for example, using alibi witnesses, contesting the admissibility of evidence, and more

§ Your lawyer’s skilled negotiating skills – Your criminal defense lawyer’s well-honed negotiating skills will be invaluable to your defense as many criminal cases end up in negotiations. These skills often help you get an advantageous plea agreement, lower your charges, or dismiss them altogether

The above are only a few of the many things your experienced and thorough criminal defense lawyer may use to build a rational, legally sound, and winning defense.

There are many others, such as pleading self-defense, an insanity defense, constitutional violations, etc.

Always remember, the state prosecutor must prove your case “beyond a reasonable doubt,” and your lawyer will use all the legal strategies available to rebuke this standard at any point in your case.

Can Constitutional Violations Help Me Win My Case?

Numerous times, different types of constitutional violations may occur when the authorities ignore, are not aware of, or infringe upon the rights guaranteed to you by the U.S. Constitution. 

Violations of your constitutional rights, such as illegal searches and seizures of evidence, coerced confessions, not being read your rights, and more are serious missteps and those responsible should be held accountable. Your lawyer will work to protect your rights, and constitutional violations can serve as a highly effective basis for your defense.

These types of violations occur more frequently than you might expect. If professionally presented and proven, lawyers can challenge the admissibility of evidence obtained through constitutional violations, which has the potential to significantly reduce your charges or even assist in getting your case dismissed.

Additionally, if you must use a court-appointed lawyer and then receive inadequate legal representation, it may be grounds for appeal. The Sixth Amendment fully guarantees you the right to competent legal representation. Knowing that obtaining a diligent, skilled, experienced, and detail-oriented Virginia criminal defense law team is probably the most critical part of building a winning defense

What Are Some Other Critical Factors That Could Affect My Case/

Your lawyer will likely explain that although they can point out some guidelines regarding the possible outcome of your case, nothing can be guaranteed. Other, vaguer, and salient factors may directly impact, mitigate, or determine your case’s success.

Some of these factors that could directly impact the outcome of your case are:

§ The unique facts pertinent to your charges and case – The facts and evidence inherent in your case play a significant role in the outcome you may face. If the prosecutor has vital, believable witnesses, photographs, video, or highly compelling evidence, your case may require a more complex approach. This will make it significantly more challenging, but not at all impossible, to get your charges mitigated downward to a lesser charge or to win your case

§ Do you have a criminal history – Any prior criminal history will play a massive role in the outcome of your case, especially if you have two or three prior offenses

§ The skills of the state prosecutorsAll state prosecutors will approach cases differently. Many state prosecutors wish to move as quickly as possible to a sound resolution without going to trial. Your lawyer will know their preferences and tactics and use this knowledge to benefit your case

§ The judge on your case – It is always possible that the judge you’re facing in your case will influence what happens in the end. Just like state prosecutors, each judge will approach their criminal cases from a different, yet, at times, somewhat predictable point of view. Your experienced criminal defense lawyer, familiar with their county and state judges, may decide how to approach your defense with this knowledge in mind

What Is the “51 Percent Rule” As Pertaining To My Criminal Case?

Many criminal defense lawyers know of and use the “51%” rule as a general guide to how they may strategically approach drafting your defense. The “51%” rule is defined as the preponderance of the evidence standard by ensuring that, at the least, 51 percent of the evidence favors your (as the plaintiff’s) position.

Most civil cases usually require this standard to be even higher; this level is called “clear and convincing evidence.”

In a criminal case, the “beyond a reasonable doubt” standard is the highest standard of proof needed at trial and is the preferred standard used. The ‘beyond reasonable doubt” standard puts the total weight of proof on the prosecution, so they must show that the only logical explanation that can be derived from the facts is that you committed the crime. No other rational explanation can be inferred or deduced from what is presented.

Your experienced, thorough, and aggressive criminal defense law team will work tirelessly to gather sufficient evidence to bring as much positive and conclusive evidence to trial, so “reasonable doubt” is the only logical outcome, thus winning your case.

I May Be Facing a Criminal Charge and Need a Sound Defense. How Should I Proceed?

First, never underestimate the dire negative impact a criminal conviction can have on your life. That said, you must obtain an experienced criminal defense lawyer with years of experience in mounting and presenting case-winning defenses for various crimes.

The experienced, skilled, and empathetic criminal defense lawyers at Ashwell & Ashwell, PLLC, are fully committed to your needs and will conduct a thorough, aggressive investigation and mount a strategically planned defense. They will work tirelessly in an effort to ensure that you arrive at a highly satisfactory and positive resolution in your criminal case.

Call them today at 540-386-1277 to get a full consultation on your case as soon as possible. Remember that in almost all criminal cases, your future and your freedom are at stake.

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