Common Defense Strategies for Those Accused of Crimes

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
December 27, 2022

criminal defense lawyer colmar paBefore a defendant on a criminal case is convicted of a specific crime, there must be proof of their guilt. Defendants always have the chance to hire an attorney to help create a defense against the charges that have been made against them. Some people will claim that they were not involved in any criminal activity and others might even use the idea of self-defense to avoid the consequences that come along with committing certain crimes.

Individual Was Not Involved with the Crime

Many of the defendants that are charged with a crime will say that they were not involved in it and did not do anything illegal. They could blame another person or simply state that they are not aware of any crime that was committed. The defendant should hire a criminal defense attorney who can bring in any potential witnesses that could provide an alibi for the defendant. For example, the person being accused of the crime may have been far away from the crime scene when it was taking place.

Innocent Until Guilt is Proven

In the United States, those charged with crimes are supposed to be innocent until guilt is proven in the courtroom. The prosecution would need to take on the task of trying to get the jury to believe that the defendant is guilty of the things he or she is accused of doing. If any of the jurors have even the slightest bit of doubt about a verdict, it can lead to a hung jury.

While some defendants have lawyers that will call in numerous witnesses to speak on their behalf, others will choose to stay quiet throughout the trial while having the lawyer express concern over the prosecution’s inability to properly prove the defendant is guilty of anything.

Having an Alibi

If a defendant has an alibi, that means they have some way to prove that they were not at the location of the crime scene when things were happening. Friends, family, neighbors, complete strangers, and even surveillance footage can provide proof of the defendant’s whereabouts when the crime was happening. If it is believed that the crime took place at a specific time and there is enough evidence to show that the defendant was not in that area around that time, it would be easier to get the case thrown out and to have the charges dropped.

Excuses for Committing Crimes

While many defendants claim they are innocent, some are willing to admit to committing certain crimes but will often make claims of self-defense. For example, if a person is attacked by a stranger, that person may pull out a pocket-knife and begin to stab their attacker because they are trying to save his or her own life.

Defendants that are involved in these types of situations may admit to committing an act of violence but will usually have a legitimate reason for doing so. While self-defense is a common excuse for committing a crime, others may claim temporary insanity, voluntary intoxication or even entrapment. Every situation is different.

After getting arrested and charged with a crime, you might be worried about a conviction. You should hire a criminal defense lawyer to help you get through this legal issue. Click the link for an in-depth blog about hiring a criminal defense lawyer in Pennsylvania.

Showing That There Is Insufficient Proof of the Crime

You may be able to show that there is not enough proof of your liability. For example, an officer may accuse you of driving under the influence, but prosecutors still need sufficient evidence of impairment to convict you. Prosecutors use the results of a breathalyzer or field sobriety test to secure a conviction for a DUI. However, these tests can be unreliable.

Various factors can throw off a BAC reading, including medication, defective calibration, and poor test delivery. Without reliable proof of your BAC, you may be able to avoid a conviction. Similarly, the field sobriety test results could also be rendered unreliable due to improper administration, misinterpretation of the results, poor explanation of the instructions, or even unstable shoes.

Exposing Illegal Or Unconstitutional Police Conduct

Another strategy to avoid a conviction is to establish that the police officers who stopped you were engaged in misconduct. When conducting a sobriety checkpoint, the police must follow rules set forth by Pennsylvania law. If you were stopped at an illegal checkpoint, the prosecution’s case against you could be thrown out. 

Furthermore, if the police stopped you without reasonable suspicion or probable cause, that could work in your favor during your case. Stopping someone without a good reason could be a sign of profiling, which could result in all of the evidence the police obtained during your DUI stop being inadmissible in court.

Arguing That You Were Not In Actual Physical Control Of A Vehicle

While driving entails actual physical control, there are some situations where this is not the case. Consider what would happen if the cops approached you while you were parked. There is some nuance to this situation. 

For instance, determining whether you were actually physically controlling your car can depend on the placement of your key. If the key was in the ignition, prosecutors could claim that you were attempting to operate the motor vehicle. However, if the key was in your pocket, the defense could argue otherwise.

Contact an Experienced Newtown Criminal Defense Attorney About Your Charges In Pennsylvania

Have you been charged with a crime in Pennsylvania? A criminal conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified criminal defense lawyer about your case. The attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. represent clients charged wit assault, murder and sex crimes in Doylestown, Lansdale, King of Prussia, Norristown, and throughout Southeastern Pennsylvania.

Call (215) 822-7575 or fill out our confidential contact form to schedule a free consultation about your case. We have an office located at 2605 N. Broad St., Colmar, PA 18915, in addition to an office located in Newtown, PA.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 27, 2022
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the "Best Law Firm" for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.