Where can you attack the prosecution’s case?

When prosecutors levy charges against you, they’re going to proceed with confidence. This might put you on edge, leaving you feeling like a conviction is likely and worried about the penalties that might be imposed. But even if the evidence seems stacked against you, the prosecution’s case may not be as strong as you think it is. That’s why it’s imperative that you thoroughly analyze the facts of your case and determine the course of action that’s most likely to result in dismissed charges, an acquittal, or some sort of resolution that spares you from the harshest of penalties.

But how do you know when the prosecution’s case is weak? And where you can push the prosecution to highlight the vulnerabilities in their case? Let’s take a closer look.

There might be several prosecutorial vulnerabilities that you can exploit in your case. This includes the following:

• Lack of witness credibility: Even though the prosecution might have several witnesses lined up to testify against you, they may not be credible. If you can highlight bias, inconsistencies in their accounts, or a criminal history tied to untruthfulness, then you can destroy these witnesses’ reliability and potentially crater the prosecution’s case.
• Reliance on illegality: Prosecutors have to rely on the evidence provided to them. But if that evidence was illegally obtained, then the foundation of their case can crumble in an instant. That’s why you need to assess any searches and seizures that were conducted in your case, as well as any interrogations, to see if your Constitutional rights were violated in any way. If they were, then you have the ability to try to suppress that evidence, thus blocking it from being used against you.
• Chain of custody issues: The court should only admit evidence that’s reliable and that is what the prosecution claims it to be. But if the evidence in question has been mishandled, improperly stored, or subjected to errant testing, then it’s hard to say that it hasn’t been compromised in some fashion. If you can highlight chain of custody errors, then you have a chance of disallowing the prosecution from using that evidence against you.
• Timeline problems: Depending on the charges you’re facing and the facts of your case, you might have an alibi that throws the prosecution’s timeline of events into question. This can make it difficult for them to prove that you were at the scene of the crime when the offense in question was committed. Be meticulous in assessing the prosecution’s account of the timeline, as any minor inconsistency could make the difference in your case.
• Insufficient evidence: Sometimes the prosecution simply doesn’t have the evidence needed to prove every element of the charged offense. So, review the elements of the charged crime to see if you can simply highlight for the jury that the prosecution has failed to meet its burden of proof on specific elements of the charged offense.

Be aggressive in your criminal defense

A criminal conviction and the resulting penalties can wreak havoc on your life. That’s why you have to be prepared to fight to protect your freedom and your future. There may be strong criminal defense strategies available to you, too. You just need to take time to learn about these options so that you can make an informed decision about the best criminal defense strategy for you.