Fighting For My Reputation

How To Try To Refute A Criminal Case Against You

22 November 2021

Luke Warren

If you're facing allegations under criminal law, you're probably wondering how you're going to fight back against them. You should plan to address the situation of these four fronts.

Retain Counsel

Criminal law is complex, and it's unwise to go into court with a lawyer. Talk with several firms and try to find a criminal law attorney who's a good match. Look for a lawyer who has handled cases similar to yours.

Likewise, try to find an attorney who understands how you want to approach the case. If they disagree, do not dismiss them out of hand. Ask them to explain why they believe you should approach the case differently. Hearing similar remarks after visiting several attorneys may give you a sense of how reasonable your defense plan is.

Hold Back

It is tempting to fight back right away when the state accuses you of wrongdoing. However, getting too far into the fight too early may leave you in a bad position. For example, you might commit to a particular defense unnecessarily. It is best to wait and see how the prosecution will attack.

Instead, be patient and let the criminal process play out. Your criminal law attorney will take the opportunity during initial hearings to address problems with the case. For example, you'll have the right during arraignment to ask why the police charged you. If there's an issue with the charging process, a lawyer will ask the judge to dismiss the case. While that isn't a sure way to win, you should always try.

Conduct Discovery

Criminal law rules require the prosecution to disclose what they'll present for testimony and evidence if the case goes to trial. Your lawyer can then examine the evidence, raise questions about how it was obtained, and even interview witnesses.

Also, you'll have the right to ask the court about the legal logic of the evidence. If the prosecution wants to present scientific evidence, for example, you can question experts and raise concerns about the science involved. The judge may exclude the evidence if your attorney presents a compelling argument against its validity.

Consider Your Pre-Trial Options

Once you've seen the evidence, you'll have a better idea of how realistic your chances of winning are likely to be. If your attorney feels your position is difficult and there's a plea deal on the table, they might recommend taking it. You will also likely have more opportunities to ask the court to dismiss the case. Likewise, you can push for a trial and see how serious the prosecution is.

Contact a criminal law attorney for more information. 

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