The answer to this question depends on a lot of factors. The type of crime that you’re accused of committing and the evidence that the prosecution plans on presenting against you can be key indicators, but that won’t tell the entire story. After all, even if you feel like the prosecution has you dead to rights, there may be criminal defense strategies available to you that can devastate the prosecution’s case.
Therefore, the only way to answer your question is to fully analyze your case. This includes taking a look at each of the following:
- How the evidence aligns with the statutory elements: In order to obtain a conviction, the prosecution is going to have to present evidence that proves every single element of the crime charged. Sometimes prosecutors stretch the charges that they bring to try to goad you into a plea deal, which is why you need to carefully analyze the law and consider whether the prosecution’s case has any weaknesses in regard to any of those elements.
- Your ability to suppress evidence: Evidence is supposed to be collected in accordance with the law, and when the prosecution submits evidence against you, it has to be reliable. If evidence is seized from you in violation of your Constitutional rights, then you might be able to block that evidence from being used against you. This includes evidence that was obtained without a warrant and without proper justification, or evidence that was obtained pursuant to a faulty warrant. You might also be able to block evidence that was improperly gathered and stored.
- Witness credibility: Even if there are clear witness statements implicating you in criminal wrongdoing, you may be able to diminish the weight of that testimony by showing that the witness is unreliable or otherwise untrustworthy. You could do this by showing bias or some other motivation, as well as by demonstrating that the witness has a history of being untruthful. Therefore, you’ll want to do your homework on the prosecution’s witnesses before you go to trial.
- The finder of fact: Regardless of whether you’re headed for a bench trial or a jury trial, you need to know the composition of those who will be deciding your fate. In a bench trial with a judge who is known to be harsh on financial crimes, for example, you may be setting yourself up for a higher likelihood of conviction if you’re facing white collar crime charges. So, make sure you have an understanding how jury selection and a judge’s history may impact how you approach your case.
- The strength of your alibi: If the crime you’ve been charged with requires showing that you were in a particular place at a specific time, then your alibi is going to be key to your case. If your alibi is airtight, then your chances of being convicted are diminished. But if there are gaps in the timeline of your whereabouts, then the prosecution is going to have a greater opportunity to obtain a conviction against you. Here, you’ll want to make sure you tighten up your alibi as much as possible.
Don’t cave to aggressive prosecutors
Regardless of the strength of their case, the prosecution is going to approach you as if they’re certain that they can obtain a conviction at trial. But don’t let their confidence rattle you too much without first fully assessing your case. After all, by diligently analyzing every aspect of your case, the prosecution’s arguments, and the facts can you determine your best criminal defense strategy.
If you’d like to learn more about how you can best prepare yourself to fight for your future and your freedom, then please consider reaching out to a credible legal team to discuss your case more in-depth.