After you are arrested, an attorney will review your case in depth to determine what is likely to be the most viable defense strategy. If there are procedural mistakes in your case, your lawyer will likely focus on these either in addition or opposed to evidence that supports your innocence or lack of intent. In this blog, we discuss different kinds of procedural defenses and what a West Palm Beach criminal defense lawyer can do to help you after being accused of committing a crime.
Procedural Defense 101
Law enforcement officials and any other authority interacting with your case must follow appropriate evidence collection procedures, or they risk having this evidence thrown out of court. This is what your attorney will focus on if your best defense strategy is a procedural one. The goal will be to reduce the amount of evidence against you as much as possible using proof of procedural errors and unconstitutional actions to have the evidence dismissed.
Legal Strategies for a Procedural Defense
This list has some – but not all – of the most frequently used procedural defenses:
- Evidence collected during an unreasonable search and seizure
- Witness testimony was falsified or manipulated
- The criminal trial was not speedy per constitutional law
- The defendant was a victim of entrapment
- Unethical conduct by prosecutors
The Top Tactic for an Effective Defense
Don’t wait after getting arrested for a criminal offense to hire an attorney. In fact, you can even reach out for legal assistance during the investigation process. When you do, you reduce the number of opportunities officials have to make mistakes in your case. Investigators are less likely to make lazy or careless mistakes when collecting evidence if they know a defense attorney will be checking their work almost immediately after sending it in.
Prosecutors and law enforcement officials are less likely to engage in misconduct if you have already secured a lawyer who will be immediately reviewing the evidence they obtain. You’re also likely better off hiring a private attorney — a pro bono or court-appointed lawyer may not be able to effectively argue complicated procedural errors.
The Law Offices of Michael T. Rabideau, P.A. has a long track record of success helping his clients avoid harsh legal penalties whenever possible. Call our West Palm Beach office to book an appointment to meet with the attorney by dialing (561) 820-4848.
