Everyone has been told that criminal defendants are presumed innocent and that the prosecution must prove guilt beyond a reasonable doubt before someone can be convicted. In reality, the criminal justice system does not always work as intended.
The release of exonerated prisoners across the nation due to the development of DNA technology highlights the unfortunate truth: People can be accused and convicted of crimes they did not commit. The reality is that police investigations are not always thorough, witnesses lie, mistakes are made, and evidence gets overlooked. In real life, the person accused of a detestable crime does not always get the benefit of the doubt.
Regardless of what “your rights” are, I believe a criminal defense attorney should do everything possible to prove a client’s innocence. Making the positive argument “my client is innocent,” and having the evidence to support that, is more persuasive than the negative argument “they can’t prove it,” in my experience. I strongly believe the best defense to a criminal charge is a strong offense.
Proactively building the case for innocence requires hard work well before the time of your trial. Independent investigation, expert witnesses, forensic testing, pretrial litigation, subpoenas and diligent discovery are all tools for uncovering needed evidence. Criminal charges often get dismissed before trial because a dedicated defense attorney worked to develop evidence that was previously unknown.
If the case goes to trial, all that information has to be crafted into an understandable, credible, and interesting story that will engage a jury. An attorney well-trained in trial advocacy and storytelling technique is invaluable to getting your message across.
Proactively working to build an affirmative case for innocence is the core belief of my criminal defense practice. If someone you know is wrongly accused, I would be happy to discuss with you how we might work together to accomplish that goal.