In a criminal proceeding, the government has the burden of proving each element of the crime beyond a reasonable doubt. However, a defense attorney can present evidence to deny or raise reasonable doubt or present what is called an affirmative defense. Mistaken identity and alibi are two types of defenses that negate the element of the accusation.
The attorney presents evidence to show that a witness is wrong about what he or she believes he or she saw in the first case, or may show that the defendant was in a completely different location when the crime charged in the second occurred.
An affirmative defense is one that does not deny that the charged action occurred, but it was under circumstances that negate criminal responsibility. A perfect example of this is self-defense. A skilled defense attorney would be able to properly identify and present the evidence to justify a self-defense instruction to jurors.
Criminal defense strategies vary from case to case. Although there may be similarities, the tactics chosen by the lawyer change as the criminal process progresses or new details and the type of crime emerge.
The choice of defense is also influenced by the prosecutor's approach and the attorney's ability to counter his allegations.
Sometimes a criminal defense attorney changes strategy based on evidence presented by the prosecution and statements given by witnesses. But in general, a successful defense is one that succeeds in introducing a reasonable doubt in court about whether the defendant committed the crime.
The criminal defense strategy is decided before the case is presented in court; but it does not mean that it will remain unchanged during the course of the criminal process:
The type of case will also determine the route your attorney chooses. For example, defending someone with a criminal record and who has committed violent crimes is not the same as defending a person who participated in an act of domestic violence, but did not intend to commit the crime.
Some of the typical defenses used in a criminal offense case in the United States are:
The defense attorney decided that it was convenient to prove that the accused was not at the scene of the crime; Through an alibi he justified that it was impossible for his client to commit the crime. In contrast, the prosecutor presented witnesses and a video to demonstrate the presence of the accused at the scene of the crime. The criminal defense lawyer acted and decided to question the video, because it did not show exactly what the prosecutor claimed; and that even though the accused was present, he was not guilty.
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Lawyer Vivian Szawarc, also an immigrant, was born in Argentina and emigrated to the United States of America at the age of 19. She has worked for the Los Angeles District Attorney's Office and has represented hundreds of clients of different nationalities.
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