Most Common Types of Criminal Defenses
The fact that you have been arrested and charged with a criminal offense does not necessarily mean that you will be convicted. There are several defenses that can result in a dismissal of the charges against you. The most common type of criminal defense used in court is self-defense or the defense of others. For example, a defendant may argue that while they did use a gun to shoot an intruder or trespasser, they did so in self-defense or the defense of the other people in their home because the trespasser or intruder was threatening them in some manner.
There are several other types of criminal defense recognized as defenses to a crime. Typically, there are 4 major categories of criminal defense strategies that are employed by a criminal defense attorney:
- Violation of Constitutional Rights
- Self-defense or Defense of Others
- Insanity plea
Within those 4 major criminal defense strategies, there are a plethora of defenses in criminal cases that defense lawyers employ. 13 of the most common legal defense in Ohio criminal cases include:
- Exceptions to Warrant Requirement
- Coerced Confession
- Statute of Limitations Violations
- Illegal Search and Seizure
- Mistaken Identity
- Failure to Give Miranda Warnings
- Wrongful Arrest
- False Accusations
- Double jeopardy
What is a Good Example of Criminal Defense?
An example of criminal defense is if law enforcement officials violated individual rights when they pursue criminal arrests, a violation of constitutional rights defense would exist. Violations of a defendant’s constitutional rights often include the following:
- Interrogation without Miranda warnings or in violation of an individual’s Fifth Amendment rights
- Conducting a search and seizure without probable cause
- Conducting a warrantless search and seizure
- Unlawful execution of a search and seizure warrant in violation of the Fourth Amendment to the United States Constitution.
Columbus Defense Attorney
If you are arrested for a criminal offense, the most important thing that you can do is contact an experienced criminal defense attorney immediately. Your time to defend yourself is limited due to the fact that evidence can be lost, destroyed, confiscated or altered. The Joslyn Law Firm will make every effort to fight the criminal allegations against you in Columbus, Ohio. Brian Joslyn is an experienced criminal defense attorney and will make every effort to find defenses or mitigating factors in your situation. Call the Joslyn Law Firm for a consultation today.
Information on Defenses to Ohio Criminal Charges
- Challenging the Admissibility of Evidence in Ohio
- Insufficient Establishment of the Elements to Your Criminal Charge
- Entrapment in Ohio
- Attacking the Credibility of Undercover Informants
Challenging the Admissibility of Evidence
Challenging the admissibility of evidence is one of the most effective criminal defenses to many criminal charges. In order to challenge the admissibility of evidence in a criminal case, your attorney may want to file a Motion to Suppress Crime Evidence. Motions to suppress evidence inappropriately obtained often can mean the difference between a “guilty” verdict and a dismissal of your case. The evidence obtained by the police before or after your arrest is often the backbone of the state prosecutor’s case against you. However, the police must comply with search and seizure laws when obtaining this evidence and respect each individual’s constitutional rights. A few of the many potential issues that can support a Motion to Suppress can include, but are not limited to:
- Whether the police entrapped you through the use of a confidential informant or undercover police officer;
- Whether the police had a valid search warrant to search your home;
- Whether your rights were violated in the execution of a search warrant;
- Whether the police had probable cause to arrest you for the charges against you;
- Whether law enforcement had legal cause to stop your vehicle and conduct a search of your persons and vehicle;
- Whether the police properly issued Miranda warnings upon your arrest; and/or
- Whether the police properly interrogated you following your arrest.
Insufficient Establishment of the Elements of Your Criminal Charge
A criminal conviction in Columbus, Ohio requires the state prosecutor be able to prove every element of the charges against you beyond a reasonable doubt. If the prosecution cannot meet this high standard of proof, there can be no criminal conviction. State prosecutors often charge individuals without having enough evidence to prove each and every element of the criminal charge. Where there is any disagreement between the prosecutor and the defense attorney about the failure to prove the alleged facts of the case beyond a reasonable doubt, the defendant then has a defense to the charge. If the prosecution cannot prove the criminal elements of the charge, your case may be dismissed or result in an acquittal.
Police sometimes entrap an individual when they provide the opportunity, means and motive to an individual to perpetrate a crime and/or have caused a crime to be committed by an individual who would not have normally committed the crime. This type of situation often is brought about by a confidential informant or an undercover law enforcement official. If you have been induced by law enforcement to commit a crime and are subsequently charged with that offense, the entrapment defense may be available to you.
Attacking the Credibility of Undercover Informants
In some criminal investigations, law enforcement officials will use confidential informants. In many cases, the confidential informants are financially troubled, drug addicts or have existing criminal histories and/or pending charges against them. Often police use these facts as leverage against the informant and offer an exchange of money, a reduction of pending charges, or even a dismissal of pending charges in exchange for incriminating evidence against the targeted alleged offender. This kind of scenario frequently creates an incentive to lie about the evidence gathered for the purpose of allocating guilt to the alleged offender. In such cases, the informant works in a biased manner and will often do whatever is necessary in furtherance of his or her self-interest. Possible undercover informant scenarios can include the following:
- Evidence planting,
- Making false accusations,
- Using deceiving tactics, and/or
- Anything else for informant’s self-gain.
In these types of situations, it is crucial to seek the advice of a competent Ohio defense attorney who knows how to exploit the informant’s improper motive and attack his or her credibility.
Commonly Used Defenses in Ohio
Contact the Joslyn Law Firm today for a consultation about your criminal charges in Columbus, Ohio. It is important to hire an experienced Columbus attorney defending criminal cases who will make every effort to help you find the best possible outcome for your situation. Call (614) 444-1900 for a consultation about your criminal charges in Franklin County and surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio