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How do I Develop a Defense Strategy?

By Sherry Holetzky
Updated May 17, 2024
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Since different kinds of cases require different types of defense strategies, it is imperative to choose an attorney who has experience dealing with cases like yours. There are many and varied areas of law, which means you’ll need a lawyer with a good understanding of how to develop an effective defense strategy for your specific situation. It is better not to simply hire a friend of family member unless that person is fully capable of defending your particular case.

Do not be afraid to ask explicit questions concerning the types of cases the attorney has defended in the past, the details of the defense strategy used, and the outcome of those cases. It is generally better to choose someone who will adapt to your situation instead of attempting to use a generic defense strategy. Once you have hired an attorney, be sure to give him or her as much accurate information as possible.

The theory of the case, your “story” or version of events, is very important. You must disclose everything you can think of to your attorney so he or she will not be caught off guard by surprise testimony or evidence when building a defense strategy. It is also important so he or she can help you learn how to best answer questions from the prosecutor. Share any documentation or other proof you may have as well as names of key witnesses that could prove helpful. If there is evidence against you, even circumstantial evidence, your lawyer needs an explanation, or defense, for it.

The person representing you has to be prepared to counter everything presented by the prosecution. This may come down to the simple fact that you were in the wrong place at the wrong time, which is why a witness saw you at the scene of a crime. Instead of trying to claim you were not there at all, explain to your lawyer in detail why you were there and disclose everything that could back up your version of the events.

If you are guilty, it may be impossible for any attorney to win the case. It is still important to prepare a good defense strategy. You may be able to prove extenuating circumstances that will garner sympathy from the judge or jury. A good defense strategy may also put you in a good position to plea-bargain, and thus only be found guilty of a lesser a charge. This could mean avoiding prison, possibly receiving probation or lower fines, or repaying your debt to society via community service.

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