California’s criminal legal system is one of the USA’s largest and oldest criminal court systems. It isn’t easy to understand it completely. In this guide, we will try to convey one of the most critical criminal penal code, how criminal defense work in California.
If you have faced any charge, from a minor fight or a murder, then it is necessary to prove yourself innocent in court. To defend all the charges, you will need to consult an attorney. The attorney will collect different documents from the police and court for further proceedings. You can contact us at Oakland criminal defense attorney, to drop all false charges against you.
Some Common Criminal Defenses in California
The attorney can prove you innocent in different ways. Some of them are listed below:
- Lack of Evidence
This is the most common way to defend yourself in a case, and a question of lack of evidence is raised in court. Your lawyer can convince the jury that the charges applied are not enough to prove you guilty. Thus, you will get a clean chit in the case.
The defense of consent applies in some instances. In such cases, it will see whether the act was done with the approval of the plaintiff or not. If the act was done with the authorization of the plaintiff, then the charges will be unwarranted. Mainly these defenses apply to sex crimes. Once someone files a case of rape against the other person, it is keenly observed whether the act is done with the consent of the victim or not.
- Violations of the Constitution
Police can apply different charges to you, and these also can vary. Like police enter your home and arrest you without a warrant. In the other case, you were caught at the traffic signal due to suspicious activity. It is essential to understand that police have no authority to search your home unlawfully. So, suppose your attorney convinced the court about the illegal searches or seizures by the law enforcement institutions. In that case, all the charges will exclude.
If someone attacks you, then it is necessary to defend yourself. Legally, you’re allowed to defend yourself, but it doesn’t mean that you’re slapped and commit the murder in return. The same rule applies if someone has harmful intentions against your loved ones. The other person can be your family member, friend, or stranger.
- Unintentional Mistakes
Sometimes you are caught on the base of mistakes, which result in severe criminal charges. The defendant didn’t perform these mistakes intentionally. Like someone holding a suitcase, the next few minutes, you’re caught by the police because the suitcase is full of drugs.
The other example is you permit to use your friend’s car but mistakenly climb into another person’s car. These acts are done unintentionally. Sometimes for an attorney, it is difficult to prove the mistake defense because no one knows what your intention behind the act was.
- Plea Bargain
Plea bargaining is common practice in criminal cases. This prevents the defendant from facing serious charges by the court. In this regard, your attorney will bargain with the defense attorney and try his best to create a favorable outcome. The defendant single-handedly can not use this tool wisely. So, it is the suggestion to consult an attorney to get maximum benefit.
- Dismiss the Motion
Most of the time, the prosecutions are invalid due to different procedural violations. In such cases, the case is prevented from moving forward. Your attorney can file a motion in the court to take action. If the statute of limitation has expired, you will get the clean chit by the court, and the case also will be dismissed.
- Insanity Defense
The insanity defense is used as a last option by the defendant’s attorney. It means when the defendant committed the crime, they were mentally ill, and all the scenes were created unintentionally. These tactics or commonly used in major cases like murder. If the insanity of the defendant is proven, the culprit will get a bit of relaxation in the punishment.
Most of the criminal defense work in California is discussed in the post. But keep in mind that a person can not get benefits from these without hiring an attorney. So, if you face any false charges due to personal issues, you can consult Oakland criminal defense attorney. We are a team of lawyers and have won many criminal cases in the past years. So, contact us today for a free consultation.