The vast majority of criminal defense cases are settled out of court. Necessarily, this becomes a game of poker. Understanding what cards the prosecution holds is equivalent to understanding how strong their case is against our client. How effective will our defense be against the evidence that they present?
Sometimes, we are not necessarily going to know every card that they hold, at least in the early parts of the case. They will, nonetheless, attempt to offer a plea deal that may or may not be in your best interests. A first offer seldom is. If it is, what does that say about the strength of their case?
So, what factors do we have to work with as your criminal defense attorney in Chicago?
We will base your defense primarily on the following factors:
Police too must obey the laws of search and seizure. Even if they were to find a decaying corpse in a suspect’s car, they must obey the rules and respect the suspect’s rights. That means, they can not go into your trunk without probable cause. If they do, that can be a reason to toss the evidence. So even in extreme situations, the police must follow the proper protocol and ensure that they are not violating your rights. Any evidence gained in this manner can be suppressed.
One of the most common defenses is that you are being falsely accused of a crime that someone else committed. In this case, the defense can argue mistaken identity, attack the credibility of prosecution witnesses, or allege police misconduct. This includes misconduct that is intentional, such as planting evidence or conduct that is unintentional, such as mishandling evidence. In some cases, police may get a confession out of a suspect by coercion or denying that person his or her right to an attorney. In these cases, we may be able to get the confession thrown out.
Affirmative defenses are when you acknowledge that an event happened, but say you had a justified reason for it. For instance, if you are accused of killing someone who entered your home illegally, you can claim self-defense. In other words, you are saying that you did kill someone, but it was justified because you were in immediate danger. Insanity defenses or diminished capacity defenses are also affirmative defenses.
If you have been charged with a crime, The Law Offices of Jonathan Minkus can help. Talk to us online or call our office and the best criminal defense attorneys in Chicago can help assess your options.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.