Procedural Defense
There are multiple kinds of criminal defense strategies that can be used depending on a variety of factors. Your attorney may argue innocence if there is evidence to support it, or they may be able to prove that law enforcement officers engaged in unreasonable search and seizure against your Fourth Amendment rights. Below, we discuss types of procedural defense strategies and how to get help from a Massachussetts criminal defense lawyer.
Procedural Defense Strategies Defined
A procedural defense does not prove or even attempt to prove the innocence of the defendant on trial. Instead, the primary focus of a case like this is to undermine evidence brought forth by the prosecution by way of proving procedural errors, mistakes, or unconstitutional conduct. Evidence that was obtained erroneously can then be dismissed, leaving prosecutors with much less they can use to form a case against you.
Exploring Procedural Defense Options
An attorney may choose to focus on procedural defenses if the evidence for the defendant is weak or non-existent. This kind of defense tactic doesn’t require a defense lawyer to prove the defendant was innocent or their actions were in self-defense. The following are several examples of potential procedural defenses your attorney may consider:
- The case took so long that the defendant’s rights to a speedy trial were violated
- Evidence that has been tampered with
- Confessions that were coerced or manipulated
- Misconduct on the part of prosecutors
- Entrapment
The #1 Tip For Success
If you believe that law enforcement officials or other authorities made mistakes in your case — either intentionally or unintentionally — your best bet is to consult with a veteran criminal defense attorney to determine if you have a viable defense. Sometimes, there just isn’t enough hard evidence to prove in a court of law that an officer violated the law or acted unethically, even when circumstantial evidence seems pretty clear.
A lawyer can help bolster your case, making compelling arguments to the judge and jury about how you were the victim of police misconduct and the violation of your constitutional rights. If you attempt to defend yourself without the help of an attorney, there’s a significant risk you will face serious penalties.
Thomas Kokonowski, Esq. is a veteran Cape Cod, Massachusetts criminal defense attorney with a lengthy track record of success for his clients. Call now to book a consultation appointment to get started with your defense strategy by dialing 508-237-6058.
