When you face criminal charges, it’s natural to begin to suspect that you may be at fault. However, you remain innocent until proven guilty in court, and you may be able to raise defenses even if your actions would make you a criminal under New Jersey law. Regardless of your guilt or innocence, you should discuss your case with a New Jersey criminal defense lawyer. Even if you feel guilty, a lawyer can assist in the following ways:
Demonstrate the inability of the prosecution to fulfill its burden of proof.
Regardless of the specifics of your case, the prosecutor’s office is responsible for establishing your guilt beyond a reasonable doubt. The jury cannot find someone guilty if the prosecution cannot prove its case. A skilled criminal lawyer can point out weaknesses in the prosecution’s case, work to get substantial evidence excluded from your trial, and take other actions that will help save you from being found guilty.
Affirmative defenses
While challenges to the prosecution’s burden of proof center on their duty, affirmative defenses acknowledge the commission of the illegal act while claiming extenuating circumstances absolve the perpetrator of criminal punishment.
Self-defense, defense of others, decreased mental ability, insanity, duress, entrapment, and necessity are among the most often used affirmative defenses. Giving the court legally sound justifications for otherwise illegal action is their common theme, while the applicability of each varies according to the particulars of each case.
Using constitutional defenses in legal proceedings
Your criminal defense attorney will be able to ascertain whether you have any defenses based on wrongdoing by the police or prosecution. Whether or not you committed a crime, you may be able to use this as a defense if the police stopped you without a valid reason, searched you, or arrested you without a warrant.
The same holds if the prosecutors handling your case mishandle evidence, try to hide information that could clear you, or commit other errors that amount to constitutional rights breaches. Our New Jersey criminal defense attorney – the Law Office of Jason A. Volet– can persuade the judge to suppress the prosecutor’s use of evidence against you during the trial, bolstering your defense and undermining their case.
Mitigation
If a conviction is unavoidable, a skilled criminal defense attorney can still greatly assist you by working to reduce the severity of your sentence. This means that your attorney will provide the greatest evidence regarding your life and past to get a lower sentence. Resolving the case and obtaining the most favorable sentencing is sometimes the best defense. According to New Jersey law, judges can impose various punishments for all violations. If you don’t have legal representation, your chances of receiving a sentence at the top of the range will be substantially higher.
Wrapping up
Alibi, duress, coercion, and self-defense are criminal defenses that require the rigorous examination and appraisal of a seasoned criminal lawyer who can effectively present your case. If your defense is strong enough to convince a jury that the prosecution could not prove the case beyond a reasonable doubt, you could be found not guilty after a trial.
