Tucson Criminal Lawyer Explains Common Defenses and Defense Strategies in Criminal Cases First, it is important to note that each case is different, and that there is no substitute to careful case review by an experienced criminal defense attorney. The information provided in this article is meant to generally explain some of the more common defenses and defense strategies in criminal cases, but is in no way intended to serve as legal advice, and does not serve as a replacement for a real consultation with an attorney. If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in Arizona, state or Federal, contact the Tucson Defenders today for a FREE Consultation. 520-585-5757. CRIMINAL DEFENSE MOTIONS One of the words you will hear a lot in court is "motion." A motion is a formal request by a party of the court, and can be based on a number of different issues. A motion can be made orally or in writing, but it is generally preferable to submit a written motion. A good motion will describe the facts, as well as lay out the legal reasons that the request should be granted. This requires not only a thorough understanding of the facts of the case and the applicable law, but often research into the specific issues and most current law. Some of the most common motions in an Arizona criminal case include:
JURY TRIAL The right to a trial by jury in criminal cases is one of the benchmarks of American freedom, and one of the most important rights that we have. PLEA NEGOTIATIONS Most criminal cases do not get dismissed by motion or go to trial. An overwhelming majority of criminal cases resolve via a negotiated plea. In cases with very strong evidence, going to trial might expose the defendant to significant penalties, which may be sometimes minimized by effective plea negotiations. In cases with weak evidence, it might still be favorable to know what the outcome will be, rather than risking the possibility of a trial loss. Effectively presenting mitigating evidence (good character, flaws with the evidence, etc.) is vital to reaching a favorable plea deal. Before accepting a plea deal, you will want to know that your lawyer did everything possible to make the terms more favorable. This can mean reducing the amount of time in custody (ideally to no time in custody), changing the charges to keep a record clean, and much much more. Discuss your priorities and concerns with your lawyer as soon as possible so that you can create a good plan of action. DIVERSION PROGRAMS A diversion program is similar to probation, except that it avoids a conviction. It is typically worked out as a deal with the prosecuting attorney, and can sometimes be the best option for a person charged with a crime. There are several different types of diversion, the main distinction being between formal and informal (or "pre-plea") diversion. Entering a plea of guilty is not regarded as a conviction under Arizona law; a person is only deemed to have been convicted of a crime upon being sentenced for the crime. Therefore, a person can enter a plea to a charge, and then be permitted to later withdraw the plea before an entry of judgment (formal diversion). Unfortunately, Federal law regards a person as being convicted of a crime at the time of a plea, and this means that a person would not want to enter a plea of guilty or no contest if federal law might have implications (for example, Immigration Consequences). In such cases, it would be best to fight for informal diversion, where the defendant does not enter a plea. IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION FOR A CRIME, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER. WE CAN GO OVER THE DETAILS OF YOUR CASE, ANSWER ANY QUESTIONS YOU HAVE, AND GET STARTED ON THE BEST PLAN TO DEFEND YOU. 520-585-5757.
17 Comments
It's interesting to know that it is a right in America to have a trial by jury. It would probably be a great option if you need to be under criminal legal defense for something that you did not do. In my opinion, this is a great option when you also have valuable pieces of evidence you can show them which can prove that you were not at fault in the incident. 10/27/2022 06:57:36 pm
I appreciate that you pointed out that it would be a good idea to discuss any concerns and priorities you have regarding your case so that they can create an action plan for you. This can help a friend of mind who is already looking for a criminal defense lawyer this week. He has been charged with a violation while he was driving home from a party, and he hopes that the charges will somehow be reduced. 12/26/2022 02:28:24 am
Thank you for clarifying that negotiated plea agreements are used to resolve the vast majority of criminal cases. My friend was at fault in an automobile accident. I'll advise him to contact criminal defense attorneys so they can assist him in settling the matter through a plea bargain. 12/28/2022 03:52:59 pm
I appreciate what you said about using a diversion program. That is a pretty interesting alternative to probation. I'll have to see if that program is available for my cousin who just got arrested. 2/2/2024 06:52:17 am
I value your insights on opting for a diversion program, which presents an intriguing option compared to probation. I'll need to explore whether this program might be an option for my cousin who was recently arrested. 2/15/2024 07:18:33 pm
I appreciate your perspective on choosing a diversion program as an appealing alternative to probation. I will investigate if this program could be a viable choice for my cousin, who was recently arrested. 2/19/2024 11:00:02 pm
This article provides valuable insights into the complexities of criminal defense strategies, shedding light on key legal motions, trial procedures, plea negotiations, and diversion programs. It emphasizes the importance of thorough case review by experienced attorneys and highlights the diverse approaches taken in defending individuals facing criminal charges. The clarity of explanations, along with the emphasis on seeking professional legal counsel, ensures that readers understand the gravity of their situation and the significance of informed decision-making in navigating the legal process. Overall, this article serves as an empowering resource for those in need of legal guidance, offering a roadmap for understanding and addressing the challenges associated with criminal defense cases. 3/19/2024 09:04:43 pm
This article beautifully highlights the indispensable role of staff in a law office and the importance of prioritizing client service to prevent ethical issues and malpractice claims. It resonates deeply with anyone who has experienced the challenges of managing a busy legal practice. By emphasizing the need for lawyers to recognize and leverage the skills of their staff, the article provides valuable insights into fostering a positive work environment and delivering exceptional client service. It serves as a reminder to appreciate and invest in the people who contribute to the success of a law firm, ultimately leading to better outcomes for both clients and practitioners. 3/31/2024 08:18:36 pm
This article provides a comprehensive overview of common defense strategies and motions in criminal cases, shedding light on the intricacies of the legal process for those facing criminal charges. The author's emphasis on the importance of consulting with an experienced criminal defense attorney underscores the gravity of the situation and the need for professional guidance. By breaking down complex legal concepts into digestible information, the article empowers readers to understand their rights and options when navigating the criminal justice system. The inclusion of practical advice, such as the significance of plea negotiations and diversion programs, demonstrates a genuine commitment to assisting individuals in achieving the best possible outcomes for their cases. Overall, this article serves as a valuable resource for anyone grappling with legal challenges, instilling confidence and clarity amidst uncertainty. Great job in elucidating the complexities of criminal defense strategies in a clear and accessible manner! 4/2/2024 12:01:24 am
This article provides a comprehensive overview of common defenses and defense strategies in criminal cases, offering valuable insights into the legal process. It emphasizes the importance of seeking guidance from experienced criminal defense attorneys and highlights various legal motions, such as motions to suppress evidence and motions for dismissal, that can be crucial in building a strong defense. The explanation of plea negotiations and diversion programs adds depth to understanding the options available to individuals facing criminal charges. Overall, the article effectively communicates complex legal concepts in a clear and accessible manner, empowering readers with knowledge about their rights and potential paths forward in navigating the criminal justice system. 4/7/2024 11:02:08 pm
This article offers valuable insights into the intricacies of criminal defense strategies, providing clarity on essential legal motions, trial procedures, plea negotiations, and diversion programs. It underscores the importance of thorough case review by seasoned attorneys and illuminates the varied approaches employed in defending individuals confronting criminal charges. The clarity of explanations, coupled with the emphasis on seeking professional legal counsel, ensures that readers grasp the gravity of their situation and comprehend the significance of informed decision-making throughout the legal process. Overall, this article serves as an empowering resource for those seeking legal guidance, providing a roadmap for understanding and navigating the challenges inherent in criminal defense cases. 4/10/2024 06:28:05 am
This article offers invaluable insights into the intricacies of criminal defense strategies, providing illumination on crucial legal motions, trial procedures, plea negotiations, and diversion programs. It underscores the necessity of comprehensive case review by seasoned attorneys and showcases the varied approaches employed in defending individuals confronting criminal charges. The lucidity of explanations, coupled with the stress on seeking professional legal counsel, ensures that readers grasp the seriousness of their situation and the importance of informed decision-making in traversing the legal landscape. Overall, this article serves as an empowering resource for those seeking legal guidance, furnishing a roadmap for comprehending and addressing the challenges inherent in criminal defense cases. 4/16/2024 05:24:58 am
This article delivers an in-depth exploration of common defenses and defense strategies employed in criminal cases, providing invaluable insights into the legal proceedings. It underscores the significance of consulting seasoned criminal defense attorneys and sheds light on various legal maneuvers, such as motions to suppress evidence and motions for dismissal, pivotal in constructing a robust defense. Moreover, the elucidation of plea negotiations and diversion programs enriches comprehension of the alternatives accessible to individuals confronting criminal charges. Overall, the article adeptly communicates intricate legal principles in a lucid and approachable manner, equipping readers with knowledge about their rights and possible courses of action in navigating the criminal justice system. 4/17/2024 12:40:32 am
This article offers invaluable insights into the complexities of criminal defense strategies, shedding light on crucial legal motions, trial procedures, plea negotiations, and diversion programs. It emphasizes the importance of thorough case review by experienced attorneys and illustrates the diverse approaches used in defending individuals facing criminal charges. The clarity of explanations, along with the emphasis on seeking professional legal counsel, ensures that readers understand the gravity of their situation and the significance of making informed decisions when navigating the legal terrain. Overall, this article serves as an empowering resource for those in need of legal guidance, providing a roadmap for understanding and addressing the challenges involved in criminal defense cases. 4/17/2024 11:29:34 pm
This article offers a thorough examination of the common defenses and strategies used in criminal cases, providing valuable insights into legal proceedings. It emphasizes the importance of consulting experienced criminal defense attorneys and explains various legal tactics, such as motions to suppress evidence and motions for dismissal, which are essential in building a strong defense. Additionally, it clarifies plea negotiations and diversion programs, enhancing understanding of the alternatives available to individuals facing criminal charges. Overall, the article effectively communicates complex legal concepts in a clear and accessible manner, empowering readers with knowledge about their rights and potential steps to take when navigating the criminal justice system. 5/23/2024 03:44:05 am
This article provides a comprehensive overview of the various aspects involved in criminal defense cases, offering valuable insights into common defenses, strategies, and legal procedures. It emphasizes the importance of seeking guidance from experienced criminal defense attorneys and highlights the complexity of the legal system. What's particularly commendable is the article's clarity in explaining legal concepts in a simple and understandable manner, making it accessible for anyone facing legal challenges. The emphasis on the right to a trial by jury and the significance of plea negotiations and diversion programs adds depth to understanding the options available to individuals involved in criminal cases. Overall, this article serves as a valuable resource for anyone seeking to navigate the complexities of the criminal justice system, offering guidance and clarity in challenging times. 5/24/2024 04:33:40 am
This article provided a clear overview of the various aspects of criminal defense, making it easier to grasp the complexities of the legal process. The explanation of motions and their importance in building a defense was particularly enlightening. Learning about plea negotiations and diversion programs shed light on alternatives to trial, emphasizing the importance of understanding all available options. The inclusion of contact information for legal assistance adds a helpful touch, ensuring readers know where to turn for guidance. Overall, this article has been instrumental in helping me understand the intricacies of criminal defense, and I appreciate the clarity and detail provided. Great job! Leave a Reply. |
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November 2024
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