You need an aggressive criminal defense lawyer if you are facing criminal charges. Unfortunately, people misunderstand the meaning of aggressive criminal defense. Those who misunderstand the phrase consider the traditional or dictionary definition of aggressiveness. However, aggressive defense lawyers do everything possible to defend their clients.
Below are some steps your aggressive lawyer will take to defend you.
1. Gathering All Pieces of Evidence
Experienced attorneys know that evidence wins or loses a case. The number of pre-trial motions, the greatness of trial eloquence, or courtroom theatrics don't win cases. Your defense lawyer needs to provide evidence to overcome or cast doubt on the prosecutor's case.
Aggressive lawyers understand all these and do everything legally possible to gather all the evidence possible. For example, such lawyers:
- Interview all potential witnesses to find testimony they can use
- Hire private investigators to unearth evidence that might not be readily available
- Use legal assistants to research case precedents and applicable laws
An aggressive lawyer understands that they cannot rely on one piece of evidence, even if it seems rock solid. They go out of their way to overwhelm the prosecution with evidence.
2. Challenging Every Piece of Evidence
Just like an aggressive lawyer, a good prosecutor will not leave anything to chance to win their case. Prosecutors also research cases, gather evidence, and look for the testimony they can use. Your aggressive lawyer understands how prosecutors work. Thus, your aggressive lawyer will do two things to counter the prosecutor's assertions.
First, your lawyer will do everything possible to know the prosecutor's evidence before trial. The lawyer will use the discovery and disclosure process for this purpose. Secondly, your lawyer will use their legal knowledge and experience to challenge the prosecutor's evidence.
3. Barring Evidence Whenever Possible
An aggressive lawyer knows that just because the prosecution has evidence against you doesn't mean they can or should use it. The court will only allow admissible evidence against you, and an aggressive attorney will point out inadmissible evidence to the court.
Inadmissible evidence is irrelevant, immaterial, or incompetent and cannot prove or disprove claims in court. For example, hearsay is inadmissible — with a few exceptions — because the court cannot question the person who made the statement. Similarly, evidence that did not pass through a watertight chain of custody might be inadmissible.
4. Challenging the Police's Conduct
An aggressive lawyer knows that they can use multiple channels to win your case, and they will explore them all. For example, your lawyer will evaluate the police's conduct from when they suspected you of criminal wrongdoing to when they charged you with a crime.
Your lawyer will know whether the police:
- Had probable cause to stop, search, and arrest you
- Planted evidence on you
- Entrapped you into committing a crime
- Used excessive force during your arrest
- Illegally gathered evidence against you
- Contaminated the evidence against you
The aim is to prove that the police disrespected your rights or did something illegal in your case. If the lawyer succeeds, the judge may dismiss your case before it commences.
5. Convincing the Prosecutor of Trial Readiness
Lastly, an aggressive lawyer does not buckle down and accept the first plea deal the prosecutor offers. In fact, your lawyer should convince the prosecutor that they are ready to go to trial and expect to prevail, which in many cases will prompt prosecutors to offer a better deal. Thus, your aggressive lawyer will hope for a resolution before trial but prepare for trial simultaneously.
Rollins Law Group promises to represent you aggressively against all criminal accusations. Contact us if you face drug, sex, white-collar crime accusations, or any other criminal case. You can depend on our experience and professionalism to get the best case outcome possible.