231 Law

Month: November 2018

Types of Criminal Defenses Used in Criminal Trials

If you’ve been accused of any crime, expect to appear in court. In this situation, the accused is referred to as the defendant. Working with the defendant, an Orlando criminal defense lawyer will want to build criminal defense to ensure a guilty verdict doesn’t arise.

A criminal defense refers to a strategic argument aimed at challenging the sufficiency and validity of the prosecution’s evidence. In this case, the prosecution refers to the party attempting to prove you’re guilty of a certain crime.

Affirmative criminal defense

Certain criminal defenses may try to undo the prosecution’s evidence by proving it’s false. On the other hand, some defenses can accept part of the prosecution’s evidence to be true. Such defenses are commonly known as affirmative defenses. These defenses require the defendant together with their criminal attorney, to come up with evidence that supports the defense.

For instance, if you’re facing first-degree murder charges, you and your lawyer can decide to come up with an alibi witness-someone to testify that you couldn’t have committed the crime you’re being accused of. In this case, the alibi witness is the defense.

Coercion and duress

It’s an affirmative criminal defense, which says you were forced into committing a crime after an unlawful force was used to threaten you. The unlawful force itself doesn’t necessarily have to occur; the threat of the unlawful force could be sufficient to prove a coercion defense.

Also, the accused doesn’t have to experience the threat of force directly. It could have been directed towards another person, such as the accused’s family member.

Abandonment and withdrawal

Also referred to us renunciation, abandonment and withdrawal, is another criminal defense type available to defendants. The defense often says that you were to be their accomplice or commit a certain crime, but you decided not to …

Falsely Accused of Sexual Assault, Child Abuse or Domestic Violence: Here is what to do

Forensic psychiatrists are often requested to evaluate various allegations that individuals make against other people, particularly persons in authority, health care experts, and parents in custody battles. Allegations based on child abuse, sexual misconduct, and physical violence carry a particularly charged quality. In fact, the sensational nature associated with such allegations is unsettling, touching emotional issues in the examiner and the accused.

The concepts of ‘there is a grain of truth in every allegation’ and ‘where there is smoke, there is fire’ are often used to justify official investigations. This places the accused in an unfortunate or impossible position of disapproving a negative. With the help of a trained, experienced Denver criminal defense attorney, you can successfully fight false allegations of sexual misconduct, child abuse, and even physical violence.

Understand the level of trouble you are in

It is essential to learn the consequences of underestimating the legal ramifications for your life if you make incorrect choices. Most people go into a certain level of denial and probably find themselves in deep legal troubles.

For instance, child sexual abuse allegations might arise during your divorce case. These allegations may mean little because deep in your heart, you know you didn’t commit such a crime. Your lawyer might tell you, ‘they have no case.’ So, you just bumble along or do nothing. Later, you realize that a juvenile court action has been filed against you or criminal charges filed or in worst circumstances, find yourself in the three-ring circus at the same time.

If only you had appropriately responded to the allegations in time, the eventual could would be a minor fraction of the resources it would cost if issues get out of hand.

Seek legal help

There are many good lawyers in the United States. Some of them can …