When you head in for a consultation with a criminal attorney, one of the big topics you will discuss is your defense. What type of evidence is working against you in this case? What defense can you mount to fight off those charges? During an evaluation of your case, the lawyer will discuss a variety of things with you including what your realistic expectations should be. Each case is different. There is a large range of difference, for example, between a driving under the influence charge and an attempted murder charge. However, you have the right to the same amount of legal representation.
The Mental State of the Individual
One of the factors that the criminal attorney will discuss with you is the mental state you had during the events. Your mental state could play a role in the process in many ways. For example, some people are able to plea insanity, though this is far more rare to do than what the movies like to state. Other emotions, including rage, careless behavior and chemically induced, can also play a role in the process. Ultimately, the lawyer will help you to determine if your mental state played a role in the events that occurred.
Procedures and Rules
It is also possible that you are being charged with a crime without having your rights taken into consideration. For example, entrapment occurs when an individual is encouraged to break the law by a law enforcement officer. This may happen with DUI charges, for example. If the police officer knows you have been drinking and encourages you to get behind the wheel, that is entrapment. Additionally, procedures must be followed in order for any charges to stick.
It is also important to discuss any type of forensic evidence that points to your guilt in the crime. Fingerprints can point to your presence at the scene. There may be DNA evidence that links you to the charges. If you failed a lie detector or polygraph test, this can also be a factor. Sometimes, the statements you make can lead to your conviction of such a crime. Your lawyer will need to discuss the details regarding any evidence the police are using against you to determine if it is valid and what can be done about it.
A criminal attorney can answer any of the questions you have regarding your case. It is essential that you discuss all aspects of it. You do not want to mislead or fail to provide information to your lawyer. That can greatly influence your ability to win your case and even make it easier for the prosecutor to prove your guilt. Be sure your lawyer is informed as you are.