Law

Important Defenses In Criminal Cases

Criminal charges can be true or false based on several factors. One might face a charge such as driving under the influence when they test positive for alcohol at a roadside checkpoint. When you have been charged with a crime, you will likely start searching for defenses available for your case. 

There are several types of defenses when defending a criminal charge. However, hiring a New Jersey Criminal Defense Attorney to protect your case will be most helpful. An experienced lawyer will review your case and develop the most compelling defenses. Besides, having some defenses before hiring a lawyer will also be beneficial. 

Most compelling defenses you must be aware of: 

  • Alibi 

Alibi can be an affirmative defense in criminal law. You can use an alibi when you or the defendant prove the defense by confirming the presence somewhere other than the place of a crime scene at the time of the crime. You or the defendant can include supporting evidence such as testimony from someone, surveillance footage, or phone records. 

  • Insanity

Insanity is not used as frequently as other courts’ defenses, but it can be helpful in some cases. When using such a defense, defendants must prove that they had a mental illness at the time of the crime. Insanity can mean that the defendant was unable to distinguish right from wrong, leading them to commit the crime. Insanity can also be paired with a defense that proves the defendant has an irresistible impulse about the crime. 

  • Self-defense 

Self-defense can be raised for crimes like assault, murder, or battery. The defendant used violence as a justified mechanism to respond to violent actions or the threat of violent acts coming 

from another person. However, the defendant must prove the amount of force was proportionate and reasonable in the response. 

  • Constitutional violations 

Constitutional violations are a type of criminal defense used in trials and include evidence collected by the police or other law enforcement officers. One must not miss these defenses as they can help the defendant get the case dismissed. Hiring a lawyer in New Jersey when using such defenses will be advisable. 

Constitutional violations can include illegal search or seizure of your car or home, failure to obtain a warrant, deriving an improper or illicit confession, failure to read “Miranda Rights” at the time of arrest, etc. When police officers make mistakes about how they are supposed to do their job, a defendant can start using defenses such as constitutional violations. 

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