Before making a decision about what to do with your criminal case, you must analyze the facts in play and the strength of the prosecution’s case. After all, if you can identify weaknesses in the prosecution’s arguments, then you might be able to exploit them to your advantage, either through plea negotiations or litigation in open court.
But it isn’t always so easy to spot vulnerabilities in the prosecution’s case, especially if you’re unfamiliar with the criminal justice system. That’s why we want to take some time in this post to look at areas where the state’s case against you might be weak, that way you know where you might be able to push back to secure the outcome that you want.
Top signs that the prosecution’s case is weak
The prosecution is going to act like their case is bulletproof, but it likely isn’t as strong as they portray it to be. That’s why you need to be on your toes and look out for these signs that their case is weak:
- Their witnesses lack credibility: Sure, the prosecution is going to have several witnesses lined up to testify against you, but these individuals may not be trustworthy. Yet, the prosecution is going to present them as reliable, and the jury might buy into that unless you highlight why these witnesses shouldn’t be trusted. It’s up to you, then, to show any prior inconsistent statements that they’ve made, any bias they have against you, and any prior criminal history they have that speaks to their character for truthfulness.
- Their evidence was illegally obtained: Illegally obtained evidence can be suppressed, meaning that you block the prosecution from presenting it against you. So, if there was an illegal traffic stop, an invalid search warrant, the misuse of a warrant exception, or a failure to advise you of your Miranda rights prior to interrogation, then you might be in a strong position to suppress otherwise damaging evidence.
- They’re pressuring you for a plea deal: Most prosecutors would prefer to resolve their cases with a plea deal. But if the evidence supporting the charges is strong, then they’ll be willing to go to trial. If the prosecution is incessantly pressuring you to resolve through a plea deal, though, and seems hesitant to go to trial, then they might be worried about the viability of their case.
- Straight lack of evidence: In some instances, the prosecution will simply lack the evidence they need to prove all the elements of the charged offense. If you sense this after a review of the evidence, then you might be in a strong position to push for dismissal or to argue for acquittal in court. Just make sure you have a full understanding of the facts in play so that you can develop the best criminal defense strategy possible in light of the evidence.
Take control of your criminal defense
The prosecution is going to try to steer your criminal case. Don’t let them. Take control of your case by building an aggressive criminal defense. To do so, you have to know your defense options and which ones are most suitable to the facts of your case. This requires legal knowledge and an understanding of the criminal justice process, but that’s not something that you have to navigate on your own. Instead, you can seek out the support that you need to aggressively fight to protect your future.