After being charged with a criminal offense, you need to analyze the evidence used to support the charge to determine the best way to defend yourself. In some cases, the evidence is stacked against a defendant, warranting consideration of a plea deal. In other situations, the prosecution’s case has significant weaknesses that can be used to negotiate an even more favorable plea deal, push for case dismissal, or secure an acquittal.
How do you know if the prosecution’s case is weak?
Signs that the prosecution’s criminal case is flawed
While there are several ways in which a criminal prosecution can be flawed, it’s worth noting that one point of weakness in the prosecution’s case may not be enough to obtain the outcome that you want. It just really depends on the facts of your case. Therefore, as you build your criminal defense, you’ll want to look for as many of the following weaknesses as you can find so that you can exploit them to your advantage:
- Untrustworthy witnesses: A lot of criminal cases are built on the word of witnesses who lack reliability. If you can demonstrate that these witnesses shouldn’t be trusted, whether because they have a criminal record related to being untruthful, they’re motivated to testify against you, they’re biased against you, or they’ve told an inconsistent story over time, then you might be able to knock the legs out from underneath the prosecution’s case.
- Illegal search and seizure: It’s a sad reality that Constitutional rights are violated all the time. This includes subjecting citizens like to illegal searches and seizures. If the police infringe on your rights, then you might be able to block the prosecution from using illegally obtained evidence against you. For example, if you were subjected to an illegal traffic stop and narcotics were subsequently found in your vehicle, then those narcotics will be deemed fruit of the poisonous tree, tainted by the police’s illegal actions. This will most likely result in suppression of that evidence.
- Illegally secured confession: Similarly, the police must advise you of your right to an attorney and your right to remain silent when you’re subjected to custodial interrogation. If they don’t and you make a confession, then you can probably block the prosecution from using that confession against you since it was secured in violation of your rights.
- Reliance on circumstantial evidence: If the police and prosecutors are having a hard time showing that you committed the crime in question, then they might be forced to rely on circumstantial evidence. This is an indication that their case is weak, giving you an opportunity to lean on them to secure a more favorable outcome for yourself.
- Lack of motive: Most criminal offenses are committed with purpose and intent. If you didn’t have a reason to commit the act in question, then you’ll be in a stronger position to raise reasonable doubt as to your guilt.
Don’t let the prosecution take control of your criminal case
There’s a lot at stake in your criminal case. If you sit back and let the prosecution control the narrative, then you’re going to face an increased risk of conviction. Don’t let that happen. Instead, gather the evidence and develop the legal arguments needed to persuasively and compellingly tell your side of the story. By doing so, you’ll hopefully highlight weaknesses in the prosecution’s case and thereby secure a fair and favorable outcome.