When you are facing criminal charges, you may be frustrated and concerned about how to effectively defend yourself. There are defenses available in many cases that an experienced Missouri criminal defense lawyer may be able to raise on your behalf. Although every case is different, there are some defenses that people use more often in criminal cases.
One common defense is to attack the legal validity of a search and/or seizure that led to police collecting evidence in support of the charges against you. For example, the Fourth Amendment protects all Americans from unreasonable search and seizure. Therefore, there are legal standards that police officers must meet before they can pull a vehicle on public roadways, search a driver, or search inside the vehicle. If police officers fail to observe these legal standards, they may have performed an illegal search and seizure, which, in turn, makes the evidence illegally obtained and therefore inadmissible in any criminal court proceedings. If criminal charges are based primarily on illegally-obtained evidence, then the court or the state may have no choice but to dismiss the charges against you due to a lack of admissible evidence proving your guilt.
Another defense is misidentification by the alleged target of the offense or other witnesses. Eyewitness identifications are notoriously unreliable, which can make false accusations even more prevalent. In some cases, you can prove that a witness wrongfully identified you by producing an alibi, or evidence that you were somewhere else at the time that the crime was committed. For instance, credit card receipts, surveillance from businesses, homes, or parking lots, or other witnesses who can testify as to your whereabouts on the date and time in question all can constitute alibi evidence.
When you are facing some types of criminal charges, such as where your actions caused bodily injuries or even death to another, self-defense may be a viable defense. For instance, if an intruder breaks into your home while armed with a weapon, the law does permit you to take steps to protect yourself and your family through the use of force in some circumstances.
Duress is another defense that may be applicable in your criminal case. If you committed a crime because another person threatened you or a loved one with injury or death, you may be able to use duress as a defense. Similarly, another person held a weapon or firearm on you to coerce you into committing a criminal offense, duress may be a defense that you can raise in your case.
Contact Missouri DWI & Criminal Law Center Today
At Missouri DWI & Criminal Law Center, our objective is to provide you with client-focused, experienced legal advice and representation at every stage of your criminal proceedings. We are here to advocate on your behalf and protect your rights. Be sure to contact Benjamin Law Firm, LLC, at (816) 322-8008 or fill out the online information form located here.