Do You Have a Defense to Your Criminal Case?
We've listed some of the more common ones here that will apply in some criminal cases when it comes to criminal law. Not all of these defenses will use every time, obviously, and many of these defenses don't come up a lot — believe it or not — when it comes to criminal defense.
Sometimes the defenses are as simple as “no, I didn't do that.” It doesn't necessarily have to be self-defense, alibi, entrapment, or any of the other defenses we've listed here. We, of course, have utilized these defenses, having practiced criminal defense in the Los Angeles County and San Fernando Valley now for twenty-five years. Still, again, it has to be a situation where the reason is applicable based on the circumstances of the case.
Again, a lot of times what we see happening in criminal cases is the police are being given a particular set of facts either by an alleged victim or a specific witness or witnesses and then based on that, they arrest the person, charge them with a crime by using the prosecutors to review everything and make a filing decision. But if the police are not given all of the information or not given accurate information, they're filing cases incorrectly. Once the facts come to light, that becomes a defense in a case.
So, that's not necessarily one of the defenses listed here in the overview or on this website because the defense is, I didn't do anything wrong because the reason is. I may not have been defending myself, but the facts and how this alleged victim claims that things happened are simply not actual. Then you can bring your witnesses to bear to testify to the facts and defend the case.
Reviewing All The Specific Details With Our Attorneys
If you're looking for a specific defense and you think particular protection might apply to your case, I've got some videos here that are specific regarding all of the reasons that we have listed here. I've also got some case law and real-life circumstances surrounding some of these defenses. And of course, the best way to flush out a guard in a criminal case is to go and sit down with our attorneys, go over all of the facts and details of your claim, and then let the attorney see whether or not any of the specific defenses that you might think apply, actually do apply to your case.
Sometimes in actual practice, once you try to utilize a defense, it's not appropriate because you don't have all of the facts and details necessary to meet that defense. In other words, a lot of these mentioned defenses all have elements to them that you have to be able to prove so, if you can't prove the elements, for example, of entrapment where you've got to show that the police entrapped you into committing a crime that you were never going to commit. Still, for their actions, you also can't be predisposed.
In other words, if they can show this person was going to commit the crime no matter what, the police just helped facilitate it. We see this all the time when we look at prostitution activities where someone ends up speaking with an undercover police officer posing as a prostitute. They end up getting arrested by the whole team of police officers who are waiting to capture people who are coming right to a specific area where there's prostitution activity and have money in their pocket and don't have any other reason for being there but for the prostitution activity.
So, the prosecutors will be able to block this entrapment defense because they're going to be able to say, this guy is predisposed. Why is he here? This is right where all the neighbors are complaining of prostitution activities.
That's why we're set up right here. He's meeting with somebody who looks and talks like a prostitute. He's got the cash. Sometimes, the defenses are simply not applicable in a particular case. That's why you have to flush things out with your attorney. Sometimes pretrial motions and plea bargaining can be very effective weapons in a criminal case.
Using The Right Defense Under The Circumstances
Alibi is another defense you must be careful of when using because if you use it at the wrong time under bad circumstances, it can undermine your entire case. I've seen other less-seasoned attorneys try to use the alibi defense in an issue, and then when their client is on the stand trying to meet the elements of the alibi defense, they end up saying something that makes it clear that they're not telling the truth.
Not only does that ruin the alibi defense for them many times, but it also ruins their case, and the jury says, if the person is lying about that, they're probably guilty of the crime. So, you have to be careful about using some of these defenses in criminal cases because if they're not applicable and can't meet the elements of a reason, you end up doing a lot of damage to your case.
You're probably going to end up getting convicted. If you get convicted, you're going to end up serving jail or prison time or getting some ramifications that you might have been able to avoid had you just worked something out through your attorney and not tried to assert a defense that wasn't appropriate to your case. Every case is unique, and our experienced criminal defense lawyers will need to review the details closely. However, the most common defenses include the following:
- Illegal Search and Seizure
- Miranda Rights Violation
- Mistake of Fact
Consult With Our Criminal Defense Law Firm
This is why we sit down, go over everything, and talk about the specific defense that might apply to your case. Then we put the wheels in motion to prove that protection through investigation and hard work, or we can also sometimes rule out reasons that you might think to apply to your case by looking at everything and making an informed decision about what we're going to do regarding your defense. We specialize in the Van Nuys Courthouse and the San Fernando Courthouse.