10 Court Tactics Experienced Defenders Use
Dealing with a criminal charge in Canada can be difficult. However, there are specific strategies that experienced lawyers utilize.
Brampton’s trusted criminal lawyers in Ontario are adept at using proven ways to defend you under the law.
Here are ten court strategies of a legal defense specialist:
- Examining Evidence Closely
A legal defence expert scrutinizes all the evidence, including any police reports or witness statements, to identify weaknesses.
If evidence was gathered improperly, it could be ruled inadmissible. When it’s time to beat a criminal charge such as theft or assault, this strategy is a must-have.
- Filing Pre-Trial Motions
Lawyers can file motions to dismiss charges or exclude evidence before trial. For instance, if the police violated your rights under the Canadian Charter of Rights and Freedoms, evidence could be tossed. This is one of those classic defences raised in Ontario Court cases.
- Challenging the Credibility of the Witness
Witnesses can be the savior or the ruination of a case. With Brampton’s best criminal lawyers, they will face lawyers who may challenge the accusations, that they were wrong, or that perhaps they could not see clearly. This approach undermines the prosecution’s arguments regarding pressing criminal charges.
- Presenting an Alibi
An alibi establishes that the defendant was elsewhere when the crime was committed. A legal defense expert defends such a claim in court with evidence, such as receipts or video footage. A good alibi can get your case tossed.
- Arguing Lack of Intent
Some crimes, like fraud, have intent as an element. Criminal defenses can hinge on demonstrating that the defendant did not intend to violate the law. This could mean a lesser charge or acquittal.
- Negotiating Plea Deals
If the evidence against you is firm, an attorney can attempt to work out a plea agreement to lower the charges you face or lessen the punishment.
For instance, pleading to a lesser charge can substitute for a heavier sentence. This is a valuable strategy for complex cases.
- Using Expert Witnesses
An expert witness is a forensic analyst. In another petition or claim of violence, the forensic analyst is an expert witness who can testify on behalf of the accused.
Their testimony can confront the evidence presented by prosecutors, like casting doubt on DNA findings. This bolsters the defense in severe cases.
- Highlighting Police Misconduct
If the police broke the rules by conducting an illegal search, the defense can argue that the case should be dismissed. In Canada, evidence obtained from Charter violations can be excluded, a criminal defence strategy commonly used by a defence lawyer.
- Prepping the Client for Testimony
If a defendant testifies, lawyers will have provided tools to answer questions directly while navigating traps. This also ensures their story makes sense and is plausible, which is essential for defense theories in court.
- Leveraging Sentencing Options
If convicted, lawyers call for more lenient sentences, such as community service instead of jail, under the Criminal Code of Canada. This strategy is aimed at rehabilitation, particularly with first-time offenders.
Conclusion
These ten strategies reveal how skillful defenders work within the Canadian criminal legal system. Whether reviewing the evidence, negotiating a plea, or cross-examining witnesses, our reliable criminal lawyers in Brampton work zealously to ensure your best defense.
Having an experienced professional ensures that your rights are defended while navigating the criminal justice legal system. A skilled criminal lawyer can help you significantly increase your odds in the courtroom using the best criminal defense techniques for your case.
