Criminal defense attorneys are trained to look for flaws in the prosecution’s case and to try to negotiate for lesser charges or less jail time. The job of a prosecution attorney is to prove beyond a reasonable doubt that a defendant is guilty of the crime. By focusing on proving innocence, defense attorneys can convince a court to drop charges or order a trial. A criminal defense attorney can make this possible by arguing that the evidence presented to the court is weak or that the evidence was obtained in an improper manner. Get additional information at Stroleny Law, P.A.
Public servants can raise a public servant defense. Under this defense, a defendant may be protected from criminal charges if he or she intended to commit the crime but changed their mind before the crime could take place. For example, a paramedic responding to a call for help cannot be charged with breaking and entering a building or a judge presiding over a murder case can be protected from charges of attempted murder or child abuse because he or she did not contribute to the completion of the crime.
If the accused committed the crime under duress, the government will not consider them a criminal. In a case called In Re Winship, the US Supreme Court ruled in 1970 that the government must prove guilt beyond a reasonable doubt. Criminal convictions have very serious consequences and can lead to the loss of a person’s liberty. In this case, a defendant can try to persuade the prosecution that his or her actions were not criminal and that he or she was only acting under duress.
In Florida, the Sixth Amendment requires a speedy trial and the presence of a Florida criminal defense attorney throughout the proceedings. Miranda v. Arizona, 384 U.S. 436 (1966) clarified that the defendant’s right to not incriminate himself must be protected by a proper Miranda warning. The Sixth Amendment is crucial in this regard. A lawyer can help you assert your right to remain silent. And a Florida criminal defense attorney will not just argue your case; he or she will argue the case on your behalf.
One of the most important factors in a criminal defense attorney’s role is their knowledge of statute law. The State legislature drafts laws and amends them when necessary. This knowledge of statute law is essential in protecting a client’s rights and deciding when it is appropriate to accept a plea bargain. The right attorney can also help a defendant avoid the repercussions of a conviction. However, a criminal defense attorney will be able to tell you when it is time to settle for a lower sentence than a lesser one.
Another important aspect of criminal defense is the sanity defense. While not frequently used, insanity is an affirmative defense. It requires a convincing proof of a serious mental defect or disease. Insanity means that the defendant was incapable of distinguishing right from wrong when committing the crime. The insanity defense is effective only when the defendant has been institutionalized. But there are other ways to use the insanity defense.