Being arrested can have devastating consequences, so it’s important to act quickly. Hiring a criminal defense attorney in East Texas can safeguard your rights and provide the best possible opportunity to gather evidence to support your case. Your attorney will be able to advise on the optimal defense strategies, as well as negotiate with law enforcement and prosecutors.
What Are the Common Defense Strategies for Criminal Charges in Texas?
Defense Strategies to Consider
The right defense strategy depends on the crime and your circumstances, so it’s important to take advice from your attorney. Some of the strategies that they might suggest include:
Alibi
An alibi defense directly contradicts the prosecution’s claims, and requires evidence to be presented. This could include witness statements or independent proof, such as surveillance footage or photographs. A strong alibi defense presented by an experienced lawyer can result in charges being dismissed quickly.
Wrongful Arrest
Law enforcement officers must follow the correct procedure and have proper reasons to arrest you. If there was no probable cause to arrest you, or it was a case of mistaken identity, your lawyer may use this defense strategy. On its own, this defense is not sufficient to get all charges automatically dismissed. However, any evidence gathered as a result of the wrongful arrest will typically be inadmissible.
Constitutional Violation
A constitutional violation defense is closely linked to wrongful arrest, but it’s not exactly the same. If your legal rights have not been properly observed, any evidence obtained may be inadmissible. Examples of violations could include not reading your rights, refusing access to a lawyer, or an unlawful search and seizure operation.
Insanity
In Texas, a defense of insanity requires you to prove that you didn’t understand right from wrong at the time of the incident, due to your mental state. To successfully use this defense, evidence from a professional is required, usually in the form of a psychiatric evaluation.
Duress
A defense of duress may be used if you were forced into committing a crime due to an immediate physical threat. To successfully use this strategy, you must show there was no reasonable means of escape, the fear was justified, and that you were not responsible for the situation. Duress cannot be used as a defense in all crimes, so advice from your lawyer is essential.
Self-Defense
Texas law allows individuals to use proportional force to defend themselves and others from possible harm. To successfully argue self-defense, you must be able to show that your actions were necessary and that the level of force used matched the threat presented.
Consult a Criminal Defense Attorney in East Texas
A lawyer will be able to examine your case to ascertain if any of your rights were breached, and if so, what the impact might be. Appointing an attorney quickly will ensure they have the opportunity to get in early with any defense strategies. Experience in criminal defense and knowledge of Texas law is vital for the best chance of a positive outcome.
With more than 25 years experience in practicing criminal law, we will fight for your rights to achieve the best possible outcome. To discuss your case, contact us today at Ryan R. Hill, Attorney at Law in Longview, TX for a free consultation.
