February 29, 2024

How do criminal defence lawyers build strong cases for their clients?

As trained advocates fighting for the accused, criminal defence lawyers utilize an array of strategies to poke holes in the prosecution’s argument while constructing comprehensive counter-cases benefitting their client. Robust exoneration starts by proactively building a strong legal foundation early after charges are laid leveraging investigative resources, disclosure and evidence elicitation, witnesses and experts plus procedural and constitutional laws.

Rather than wait for disclosure, savvy lawyers immediately dispatch private investigators to independently gather information potentially shedding light on the incidents underlying charges. Canvassing the scene, locating undisclosed witnesses, and viewing evidence from outside police chains of custody assist in surfacing alternate theories. Investigators may uncover new media, find contradictory accounts or reveal flaws in complainant statements to undermine the strength of allegations feeding into the defence.

Master disclosure inside-out

Upon receipt of the crown’s entire disclosure brief detailing existing evidence supporting accusations, lawyers meticulously analyze the material searching for inconsistencies. Whether occurrence reports, recordings, forensic analysis paperwork, witness statements, or electronic records, they scrutinize accounts highlighting contradictory claims, missing documents, or concerning procedures. This disclosure mastery points lawyers toward beneficial cross-examination queries for upcoming proceedings.

Argue evidence inadmissibility

Lawyers stay alert to illegal evidence collection methods, documentation gaps in the chain of custody, or testing errors flagged in disclosure that may rank evidence as inadmissible in court. By filing Charter applications to exclude search findings, breath sample analysis reports, or even an unreliable lineup identification, lawyers disable the most dangerous weapons in the crown’s arsenal. Removing these evidentiary exhibits from trial consideration severely hampers conviction prospects.

Prepare accused testimony

Rarely relying upon client testimony in court, lawyers still extensively prepare the accused for the prospect well in advance. Rigorous mock examinations help polish the delivery of their experiences, underscore credibility, and poke additional verification holes. Thorough preparation coupled with coaching on courtroom behavior ensures accused appear trustworthy if the strategic value of their testimony outweighs the risks later during a formal defence presentation.

Summon strong witnesses

Witness testimony often sways court outcomes one way or another. criminal lawyer brampton decides early whether to recommend their clients waive the right to silence and testify. They determine what independent civilian witnesses or qualified experts would bolster their counter-narrative around events, scientific analysis, or defendant credibility. Lawyers filter and prepare witnesses they’ll summon to stand delivering targeted testimony before judges and juries.

 Lawyers receiving sexual assault cases thoroughly review disclosure noticing the complainant’s behavioral indicators, personal records, or medical evidence exhibiting mental health, addiction, or cognitive issues. Identifying instability later weaponized through cross-examination impeaches perception reliability regarding accused encounters. Meticulously exposing fragile credibility replaces the blind assumption of complainant truthfulness by the trier of fact.

Exploit technicalities

Mastering both case-specific legislation and legal precedent, lawyers assess what procedural flaws, errors in judgment, omissions in process, or technical Charter violations may invalidate entire proceedings thus far. Arguments focusing upon infringing defendants’ rights compromise the integrity of outcomes, occasionally resulting in stays of proceedings or exclusions of compromised evidence critical to the crown’s arguments. Vigorously contesting allegations through these methods helps achieve desirable verdicts and sentences for clients facing some of their darkest days in court.