What criminal defense “story” is appropriate for your case?By robertslaw, In Drug Crimes, 0 Comments
Every criminal defendant has the right to his or her day in court. In many cases, this right can be of enormous benefit to a defendant, regardless of whether the defendant will be found guilty of the crime or not. In some cases, a chance for the defendant to tell his or her version of the story – even if that version of the story involves an admission of guilt – can help the defendant in terms of the outcome of the criminal proceedings.
As a part of the criminal defense process, accused persons will usually need to tell their “story” of what took place. Here are three types of criminal defense stories that – depending on the circumstance – the defendant might choose:
This is exactly what it sounds like. The defendant confesses to the crime, plainly and simply. Perhaps the defendant says something like this, “Yes, I admit that I stole the t-shirt from the department store.” The confession story may come with some advantages. If, for example, it’s the defendant’s first alleged crime, the court may be more lenient on him or her when issuing its punishments.
The complete denial
Here, the defendant simply denies the allegations brought forth against him or her. When issuing a complete denial story, the defendant will usually provide evidence to back up his or her denial. For example, the defendant could use an alibi to corroborate the claim that he or she was out of town at the time the crime took place. Credit card receipts, purchase receipts or travel tickets could also be used to corroborate such a claim.
The admission and explanation
Like the “confession story,” here, the defendant admits to committing the alleged action, but he or she will also have a valid explanation for why the action was performed. Maybe, for example, the defendant took a cellphone from the bar stool because it looked just like his – and he didn’t intend to steal it.
Would one of these “defense stories” apply to your drug crimes criminal defense? The more you know about how the court will view your cases – given the facts and evidence at hand – the more intelligently you can select a criminal defense strategy that suits your situation.