Defending Against Misdemeanor Criminal Charges
There are a wide variety of defense strategies for misdemeanor charges. Each case is different of course, so it is important to choose a defense strategy that is best suited to the particular charge and circumstances. At the Law Office of Darren Weiss, PLLC, we tailor our defense strategies to perfectly match the needs of our clients. Misdemeanor crimes attorneys in Las Vegas, NV often use tried and true strategies that get results and win cases; here are a few of the most common.
Insufficient Evidence / Gathering Evidence / Combatting Evidence
In American law, our system of justice requires substantial proof that a crime was committed before punishment can be handed down by the court. Evidence is necessary and the prosecution must prove beyond a ‘reasonable doubt’ that the defendant committed the crime of which they were charged. When there is insufficient evidence to prove that the defendant did in fact commit said crime, then the court must rule in favor of the defendant and release him or her. A savvy misdemeanor crimes attorney in Las Vegas, NV will have multiple ways to combat the prosecution’s evidence.
At the Law Office of Darren Weiss, PLLC, we aggressively pursue evidence that will support our client’s plea of not guilty. We do this in multiple ways, but investigation is our primary method. And when we investigate, we often find evidence that will support an argument that our client is innocent.
In regard to the prosecution’s evidence, we will investigate all police procedure and look for errors or wrongdoing. If we can make a case that the police handled evidence improperly in any way, either by error or through deliberate means, then we will file for a motion to quash that evidence so it is not admissible in court. If we cannot get the evidence thrown out then we will doggedly attack the evidence, working to poke holes in the evidence so to speak, such that a jury will find the evidence to be dubious. At the end of the day, in a criminal case, a jury makes the decision, so we will do everything within our power to convince that jury that the prosecution’s case is either outright false or at the very least—weak.
In some cases, it may be useful to introduce an intoxication defense. In this type of defense your misdemeanor crimes attorney in Las Vegas, NV will introduce that the defendant was actually intoxicated at the time the crime was committed. This defense is best utilized in cases that hinge upon whether the defendant acted intentionally. Therefore, the defense attorney will argue that intoxication affected the defendant’s ability to act intentionally.
While this defense is not one that we would use often, it is certainly a viable defense in certain specific situations. And we will use it if necessary.
While most police officers are honest and operate with integrity, not all do. Unfortunately, sometimes police use tactics to push someone to confess to a crime they did not commit. These tactics can be literally anything imaginable, but could include sleep deprivation, refusal of food, intimidation, threats, or even violence. A seasoned misdemeanor crimes attorney in Las Vegas, NV will know what to look for and investigate the entire police process from intake to booking and beyond.
At the Law Office of Darren Weiss, PLLC, we have zero tolerance for these kinds of illegal police practices and if they occur we will not only defend against them, by exposing them, but we will work with our client to sue for damages. If there is even a hint that the defendant was coerced to make a statement of guilt, or admit to any criminal act whatsoever, we will aggressively seek an immediate dismissal.
This defense would be used if the defendant committed a crime because they were threatened in some way. For example, if a person was approached by someone who threatened to hurt them or their family if they did not perform some criminal act. Imagine a scenario in which a random person is approached at gunpoint and told that their children would be harmed if they did not walk into the liquor store and rob it; this would be a classic example of duress.
At the Law Office of Darren Weiss, PLLC, we would utilize this defense to get charges dropped or to win an acquittal for our client, depending on what stage we produce the evidence that shows our client was acting under duress.
This defense strategy is perhaps one of the most common and can cover many types of situations. Self-defense is often used in cases such as battery, but the court mandates that any self-defense used must be ‘proportionate’ to the amount of force. A defendant cannot use this defense if they were the one who initiated the use of force.
At the Law Office of Darren Weiss, PLLC, we have taken many cases to trial and self-defense is one proven defense strategy that we can utilize if the case warrants it. Self-defense is a strategy that often wins acquittals, so we will use it if we feel there is enough evidence to support our case. When you need a misdemeanor crimes attorney in Las Vegas, NV, call us; we win cases.
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