When it comes to criminal law, there are no guarantees. Every case is different, and each one has the potential to go either way. The outcome of a criminal case often comes down to which side has the better lawyer.
This is especially true in cases where the evidence seems insurmountable. So if you find yourself facing charges and it seems like there’s no way out, don’t despair –– all hope is not lost.
After all, facing charges doesn’t mean your defence lawyers don’t have any tricks up their sleeves. In fact, there are five ways a defence lawyer can win an impossible case, so let’s discuss them.
Exclusion of witnesses
The exclusion of witnesses is one way a defence lawyer can win an impossible case. If there is even one key witness who can’t testify for the prosecution, the entire case could fall apart. As a result, the defence lawyer will do everything in their power to make sure that key witnesses are not allowed to testify.
Of course, this is easier said than done. The prosecutor will also be fighting to have as many witnesses testify as possible. So it’s a battle of strategy, and the defence lawyer has to be very careful in order to win.
Additionally, if any of the witnesses change their story or have inconsistencies in their testimony, the defence lawyer will use that to their advantage. This is called impeachment, and it can be very effective in winning a challenging case.
Another way a defence lawyer can win an impossible case is through cross-examination. This is when the defence lawyer questions the prosecution’s witnesses in order to get them to say something that will benefit the defence.
For example, if a witness says something that contradicts what they said earlier, the defence lawyer can use that to create reasonable doubt. Additionally, if a witness is unsure of something or seems to be lying, the defence lawyer can use that to their advantage as well.
Another way a defence lawyer can win a difficult case is by getting the charges against their client dropped. This can be done by negotiating with the prosecutor and agreeing to a conditional discharge. When the judge agrees to dismiss all charges against the defendant if they meet certain conditions, such as attending counselling or community service, it’s known as a conditional discharge, and it’s proven to be useful in the long term.
Conditional discharge is an effective way to get the charges against a defendant dropped without having to go to trial. It also means that the defendant won’t have a criminal record.
Still, it’s worth noting that the client must meet the conditions of the discharge in order for it to be successful. If they fail to do so, the charges will be reinstated, and they will have to go to trial after all.
Exclusion of evidence
For difficult trials and legal matters, lawyers will try to get as much evidence excluded as possible. Of course, that is because if there is no evidence, the jury can’t convict the defendant. The defence lawyer will use every legal tool at their disposal to make sure that key pieces of evidence are not allowed in court.
They could try to argue that the evidence was obtained illegally or that it’s not relevant to the case. If they are successful, the jury will never get to see it, and it could make all the difference.
This can be a difficult task, as the prosecutor will also do what’s in their power to win the case. Still, it’s one of the most effective strategies when it comes to winning an impossible case.
If the defence lawyer knows that their client is guilty, they will try to negotiate a plea bargain with the prosecutor. This way, the defendant can plead guilty to a lesser charge and avoid a more serious sentence.
For example, if a defendant is facing a charge of first-degree murder, the defence lawyer may try to negotiate a plea bargain for second-degree murder. This is an effective way to get a lighter sentence for the defendant.
Of course, you need to hire the best criminal lawyers to even consider using this strategy. Negotiating a plea bargain is not easy, and it takes a lot of experience to do it successfully.
Trial by jury
If all else fails, the defence lawyer can take the case to trial by jury. In most cases, this strategy is the last resort, as it’s very difficult to win an impossible case when it goes to trial.
Still, there’s always a chance that the jury will find the defendant not guilty. For example, if there’s reasonable doubt, the jury may be inclined to acquit the defendant. If this happens, it’s a complete victory for the defence lawyer.
It’s important to remember that a trial by jury is a gamble. The defence lawyer has to weigh all their options and decide whether or not it’s worth taking the case to trial. Therefore, trial by jury should only be used as a last resort.
These are five ways a defence lawyer can win an impossible case. While there are no guarantees in criminal law, these strategies can help increase the chances of winning. If you’re facing criminal charges, it’s important to hire an experienced criminal lawyer who knows how to win. After all, with the right legal team on your side, anything is possible.