Strategy to Win a Criminal Case:
There is a strategy to winning a criminal case. Although in each case the facts are different, there are definitely common elements that we need to review and follow to obtain the best possible result for a case.
Strategy Number 1: Trial
Set the case for trial and proceed once all of the discovery is obtained. A trial can be in front of a judge or a jury. It might seem that a jury with 12 individuals gives a person a better opportunity of being found not guilty. Nevertheless, I prefer a bench trial, i.e., a trial before a judge.
I prefer a bench trial because, in most cases, I’m trying to prove that my client is not guilty, which is different from innocent. “Not guilty” means the prosecutor has not provided enough evidence, whereas “innocent” means my client did not do anything wrong. In my experience, juries do not get hung up on the idea that “there is not enough evidence.” A judge is a professional and generally has no issue with finding someone not guilty.
However, this is not to say that I never believe a jury trial is the best choice, it depends on the case facts and the judge.
Strategy Number 2: Pre-trial Motion
Filing pre-trial motions and (if applicable) a Petition to Rescind allows an attorney to show the court before a trial is scheduled that the case should not be allowed to proceed to trial. Having a hearing on a pre-trial motion gives me a chance to test the prosecutors evidence and gather valuable prosecution witnesses testimony before a trial.
A recent case involving a pre-trial motion can be viewed here.
Strategy Number 3: Mitigation
Mitigation is the process of explaining to the prosecutor or the supervisor that you deserve a break because of your previous good acts and behavior.
General Questions:
Will the prosecutor dismiss the case after they review the evidence and video?
No. A prosecutor has no problem presenting a case at trial that is worthless. A prosecutor would rather lose a case then agree to dismiss it.
How can I win?
You simply need to hire a very good attorney to fight for you. There are no shortcuts, favors, or sympathy. Only a very good attorney with experience and a desire to fight on your behalf will win your case.