In the legal world, there exists a well-known adage that an individual is innocent until proven guilty. What this means is that although an individual has been charged with a crime, the premise of conviction lies in the state being able to prove beyond reasonable doubt that the individual is responsible for the crime.

Despite this, any individual charged with a crime must have a solid defense to prevent a conviction. So, what constitutes a solid defense? Track record of good behavior? A good story? Or a good criminal lawyer?

The answer is a criminal lawyer! You may lack a track record of good behavior or a solid story that exonerates you from a crime. But, once you have a good lawyer, it makes up for the lack of the other two, and here is why:

Investigation

For a lawyer, the ability to investigate a case determines whether the case is won or lost. Compared to state lawyers or police officials who may have had months or years to investigate a case, defense lawyers often find themselves playing catchup. For an individual, investigating such a case might be difficult or impossible, however, for a defense lawyer, the challenge is what they thrive on.

Investigations form the bedrock of most criminal cases. Through investigations, lawyers obtain information that could help support a case claim or counter it. However, knowing where to get the information from, how to interpret the information and use the information for legal purposes is equally crucial.

The information obtained by the lawyer from investigations will be used to create a case defense. However, the creation of a defense is quite technical and requires intimate knowledge of the law. Intimate knowledge of the law is essential as not every law is clear-cut. 

Interpretation

There have been several instances in the past where judgments of cases with similar scenarios differed. This is because laws can be interpreted in different ways. A criminal lawyer knows this and as a result, creates a case not only from the information obtained from investigations but also on the weaknesses of the prosecution.

In law, there is always something to challenge—from the serving of court papers to the filing of paperwork and quality of evidence. If a lawyer is able to identify such a situation, this can lead to suppression of evidence or the dismissal of the case. One example of this can be found in the O.J Simpson case in which the evidence provided by the prosecution was challenged alongside the conduct of the police officials.

Essentially, a strong defense places pressure on the prosecution. Once the prosecution realizes that a situation exists where they might end up losing the case, then they are more likely to be open to negotiations.

Negotiation

In criminal cases, there is always the possibility of a jury trial. However, not all cases go down this route—thereby leaving the defendant and the prosecution with another option called negotiation. But what does that mean?

Negotiations in the criminal law space differ from the normal pleading or begging. It involves both parties (defendant and prosecution) laying their cards out and trying to achieve the best outcome. In the case of the prosecution, the card might be the chances of success at a trial and for the defendant, it is the possible conviction if tried.

Now, in an ideal situation, a defense lawyer should know everything about the client that is important for the case. Based on this knowledge, the defense lawyer should be in a position to determine whether negotiating with the prosecution is a better option. At the same time, the pressure placed by the defense lawyer on the prosecution could lead to them reaching out to negotiate a deal.

Although the best scenario for most lawyers would be to win a case, as at 2019, 90% of cases tried, ended up with a guilty verdict. In such a situation, a good defense lawyer knows how to leave the opportunity for negotiation open.

The negotiation process is one that should start early and continue over the lifespan of the case. This is because, over the lifespan of a case, there are certain points where negotiations are best. That is, when the defendant’s case is at the best point it would ever reach and the likelihood of conviction at trial is at its lowest. 

Ultimately, the technicality of legal cases highlights the need for patience and expertise. The chances of success or failure depend on variables that the average individual might overlook or not be aware of. For this reason alone, the best defense is a criminal lawyer who knows how to use all the tools available, and thereby tilt the odds in your favor.