Overrated Criminal Defense Strategies That Only Work in the Movies

There are many motivations for choosing the professional path of a criminal defense lawyer. Many criminal defense lawyers initially chose their line of work, and indeed chose the legal profession at all, because they wanted to help people accused of crimes exercise their rights and avoid unfair convictions and excessive sentences. Justice is only one of the reasons that lawyers love their jobs, though. Another appealing part of the legal profession is the intellectual puzzle aspect. In the context of criminal defense law, you might meet a lawyer who tells you that he decided to practice criminal defense law rather than any other practice area because when he was a law student, he was amazed to find out how many different ways there are to say “I didn’t do it” and how many ways to avoid a criminal conviction without even claiming that you didn’t do it. However, most of the most successful defense strategies are not the ones that make for a compelling screenplay.

A Texas criminal defense lawyer can help you choose the most appropriate defense strategy for your case, even if it is not the most cinematic.

Not Guilty by Reason of Insanity

It is legally possible for a defendant to plead not guilty by reason of insanity and for a jury to acquit the defendant based on this defense. You should be careful what you wish for, though. If the court finds you not guilty by reason of insanity, it means that the court can make decisions about treatment for the mental illnessthat caused you to be incapable of acting with criminal intent. It could mean that you spend years in a psychiatric hospital instead of spending years in prison; this is at least as bad because criminal sentences come with automatic end dates, while hospitalizations go on indefinitely until doctors decide that you are healthy enough to go home.

I Was Framed

It makes for an interesting story when someone commits a crime and accuses an innocent person. As a defendant, you only have to prove your case strongly enough to make the jury doubt your guilt, but it is better to focus your strategy on why the evidence does not conclusively indicate your guilt rather than speculating about who the other person who committed the crime is and why this person framed you.

What to Do Instead

Affirmative defenses can be effective at securing an acquittal. An affirmative defense is where you argue that you committed the action, such as withdrawing money from your neighbor’s bank account, but without criminal intent, such as if your neighbor authorized you to withdraw the money. The insanity defense is an example of an affirmative defense, but it is a far-fetched one in many criminal cases. Likewise, it is possible to argue that the evidence against you is inconclusive without coming right out and saying that someone framed you. Your goal is only to establish reasonable doubt, so less is more in criminal defense cases.

Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases

A Dallas criminal defense lawyer can help you if you are being accused of a crime and plan to fight your charges. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.