Individuals facing criminal charges in Texas essentially have two options. They can plead guilty or they can take the case to trial. The decision to go to trial requires establishing a defense strategy. The defendant and their attorney must convince the courts that they did not break the law or at least raise a reasonable doubt about their involvement in criminal activity.
There are many different types of defense strategies that can work in a variety of different circumstances. The five strategies outlined below are among the most common and successful strategies that defendants employ during trial.
Establishing an alibi
One of the best ways to prove that someone didn’t break the law is to prove that they were not present when the crime occurred. An alibi could consist of a digital photo with a GPS tag from a different location or the testimony of another person. Even security camera footage from work or a store could prove someone was elsewhere at the time of a crime.
Reinterpreting evidence
Many defense strategies require the assistance of expert witnesses. The goal is to change the way the courts view the evidence. Expert witnesses can help in scenarios where state authorities misinterpret evidence or rely on junk science.
Proving police misconduct
Sometimes, it is possible to have criminal charges dismissed because of the way that police officers behave. Other times, defense attorneys may be able to exclude certain evidence from criminal court proceedings. Both outcomes could help someone potentially avoid a criminal conviction.
Mounting an affirmative defense
Many defense strategies try to sever the connection between the defendant and the offense. Other times, people try to change the narrative around the case. Claims of acting while under duress or with an intent to protect oneself can be a viable solution in cases where it is clear that someone engaged in specific behaviors.
Questioning the validity of evidence
In some cases, there may be reasons to question the accuracy of the state’s evidence. For example, in driving while intoxicated (DWI) cases, outdated software or uncalibrated testing devices could produce false positive results. It is possible to convince the courts that the evidence is inaccurate due to the testing units’ condition or that contamination may have compromised the evidence.
There are a host of other criminal defense strategies that are also effective in certain circumstances. Reviewing the evidence the state intends to present in court with a skilled legal team can help defendants and their lawyers plan the best defense strategy possible.