UNDER WHAT CIRCUMSTANCES COULD DURESS OR THREATS BE USED AS A DEFENSE IN A CRIMINAL CASE IN LOS ANGELES?
The duress or threats defense can be used when a person threatens another person to do something to them or a family member (typically some sort of physical violence) if they do not commit a crime. Usually the threats must be real and an ordinary person would have to believe that if they did not comply, then they or a person close to them would be in immediately danger. For example if a person held a gun to another person’s head while they were driving a car and told them to run from the police, then this defense could be used to defend the driver from an evading charge.
This is not a defense that comes up very often in criminal defense, but is definitely a viable defense under the right circumstances. If you believe that you have a defense of duress, then your best option is to consult with a Los Angeles criminal defense attorney and tell then exactly what happened in your case and let them assist you in deciding whether this defense is applicable to your case. I usually am able to listen to the whole story under the cloak of the attorney client privilge and give you a pretty good idea if you can be successful with this defense.