The legal world is filled with examples of excellent defense strategies. The real question is how to choose the right one. While online research may provide plenty of ideas, only a criminal justice lawyer in Colorado can listen to your unique problem and recommend a personalized strategy. That being said, it may be easier to choose the right defense strategy if you follow a few basic tips:

When to Choose a Plea Deal

One of your first decisions is whether to accept a plea deal. You may have become familiar with this concept through TV shows and movies – and sometimes, it is legitimately the right choice. When you accept a plea deal, you will agree to plead guilty in exchange for a more lenient sentence. Often, prosecutors and defendants agree upon these deals ahead of time. 

Pleading guilty could be the right choice if you face overwhelming evidence. That being said, your chances may be better than you realize. If you have been assigned a public defender, they may recommend a plea deal almost by default. This is because public defenders are often highly familiar with prosecutors, and they know exactly what kinds of deals are possible. However, you also have the right to plead not guilty and pursue a trial. Consider speaking with a private defense attorney before you agree on a plea deal. In contrast to public defenders, private attorneys are paid based on results, creating a greater incentive to help you walk free. 

Consider Constitutional Issues

A solid starting point is to consider whether there are any constitutional violations associated with your case. Perhaps the most obvious example is an unconstitutional traffic stop or arrest. If you were pulled over or detained without probable cause, then your arrest may be unconstitutional. For example, police may have pulled you over due to a traffic violation you never committed. Perhaps they then searched your car and found drugs or prohibited firearms. Even if this evidence is legitimate, it may be inadmissible due to the unconstitutionality of your traffic stop. 

There are many other examples of constitutional violations. Another common violation is failing to inform you of your rights before questioning. You might also invoke your right to remain silent – and police may continue to interview afterward. Anything you say after you express your desire to remain silent may be inadmissible in court. 

Understand the Elements of the Crime

You can also take a moment to understand the elements of your alleged criminal offense. The “elements” of a crime are the things that prosecutors need to prove in order to secure a conviction. Some crimes have only a few elements, while others have many more. For example, in order to convict you for driving while intoxicated, prosecutors must prove two main things: That you were impaired and you were driving at the time of your offense. If they only prove one of these things, they cannot secure a conviction. 

You can develop a defense strategy that targets one of the elements of your alleged crime. For example, you could challenge the validity of your chemical test result. Alternatively, you could argue that you were not driving at the time of your alleged impairment. Of course, you could also argue that you were not doing either of these things. It often makes sense to attempt multiple defense strategies at the same time. With this approach, you still have a chance, even if one defense strategy fails. 

Some crimes involve complex elements. For example, you might have been charged with fleeing from police officers. However, you typically only face a conviction if the police officers had their sirens and lights activated at the time of the alleged offense. It is also difficult for prosecutors to secure a conviction if you were being pursued by plainclothes or undercover officers who never identified themselves. This shows how helpful it can be to carefully read the specific elements of your alleged offense – and this is something that a defense attorney can certainly help with. 

Challenge the Evidence Laid Against You

Another obvious strategy is to challenge the evidence that prosecutors have laid against you. Some of this evidence may be far more flimsy than it appears. For example, your conviction might rest on the testimony of a single eyewitness. But what if this eyewitness has documented vision problems? What if they were not wearing their glasses on the day of your alleged offense? What if they have a history of lying to police officers? Perhaps they have dementia or another psychological disorder. These are potential issues that your defense attorney can raise. 

If you face drug charges in Loveland, various evidence could be unreliable. You might challenge the “chain of custody” associated with your drug evidence. This is a legal concept that refers to the safekeeping of the evidence – and authorities must document its transport and storage. Any failure in this regard could raise the possibility of tampering. Drug charges may also be less serious if you can question laboratory results. This could be easier than you realize, especially if the laboratory has failed to properly store or test the alleged drugs. 

Remember, you can only face a conviction if prosecutors prove you guilty “beyond reasonable doubt.” This is a high threshold. If you can raise enough questions about the evidence laid against you, the court may have no choice but to let you walk free. 

Can a Defense Attorney in Colorado Help? 

A defense attorney in Colorado can help in various ways – and they may be able to help you choose the right defense strategy. You can begin this process in earnest by scheduling a consultation with Casey James Alexander today. During this initial meeting, you will have an opportunity to ask questions, raise concerns, and discuss potential defense strategies. A consultation is perhaps the more effective way to choose the right defense strategy, and from there you can move forward with a clear plan. Reach out today, schedule your consultation, and get started with real action.