How do you create reasonable doubt?

On Behalf of | Dec 18, 2022 | Accomplice

No matter what kind of criminal charge you are facing – whether it’s something as ordinary as a drunk driving charge or something even more serious, like a crime of violence, you are automatically considered innocent until proven guilty “beyond a reasonable doubt.”

That naturally means that your defense needs to be focused on raising jurors’ doubts about the prosecution’s case against you. How can that be done? Here are some possibilities:

Presenting alternative theories of events or evidence

The prosecution may have its theory of how all the evidence in the case adds up, but you may have a different story or idea. When you present a plausible alternative that still fits the evidence, that can easily show that the prosecutor’s narrative is unreliable.

Challenging the memories and motives of witnesses

Witnesses are only human. Some may be motivated to distort information or lie for all kinds of reasons, including personal gain or revenge. Others may simply be mistaken – even if they really believe what they’re saying. Studies have shown that eyewitness testimony, no matter how honestly given, isn’t always reliable.

Blocking the prosecution’s evidence from court

If your Constitutional rights were violated during a search and seizure of your property, during interrogation at the police station or in any other way, any evidence obtained in the process could be barred from court. That may weaken the prosecution’s case substantially (or destroy it).

Offering evidence that contradicts the prosecution

Maybe you have an alibi or maybe there are witnesses to the event who tell the story of the events differently than the witnesses the prosecution brings to court – or maybe you have other evidence that shows no crime was even committed. Anything like that could be enough to cause reasonable doubt.

The jury gets to decide what the facts of the case really are – but you need to make sure that the information they need gets to them. Experienced legal guidance is always wisest when your future is on the line.

 

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