INSIGHTS

Home > Criminal Defense > 5 Steps to Building a Strong Criminal Defense

5 Steps to Building a Strong Criminal Defense

by | Jan 31, 2022

If you’ve been charged with a crime, it’s crucial to build a strong case and develop an effective defense strategy. Although facing a criminal accusation can be stressful and overwhelming, it’s important to understand that you are innocent until proven guilty — you’re also entitled to a vigorous defense under the U.S. Constitution. Depending on the facts of the case, a solid defense strategy can include asserting Constitutional violations, establishing an alibi, or arguing self-defense, entrapment, or insanity.

No matter what type of criminal charges have been brought against you, the following are five steps you can take to help ensure you build a strong criminal defense.     

1. Know Your Rights

If you’ve been arrested or detained by the police, it’s essential to be aware of your legal rights. The most critical protection is the requirement that the prosecution establish your guilt beyond a reasonable doubt. But there are many other Constitutional provisions that safeguard your rights. Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent and to have a lawyer. Additionally, under the Sixth Amendment, you have the right to cross-examine witnesses, receive adequate representation, and have your case heard before a jury.     

2. Choose an Experienced Criminal Defense Attorney

The best way to ensure your Constitutional rights are protected if you’ve been charged with a crime is to have a skillful criminal defense attorney by your side. However, the attorney you select to represent you in a criminal case may not be the same counsel you used for a personal injury matter or divorce — these are civil matters. Criminal law is a distinct practice area requiring knowledge of specific rules, regulations, and court procedures. Although some attorneys practice both civil and criminal law, it’s best to find an attorney with experience handling the type of offense with which you’ve been charged.  

3. Disclose All Details to Your Attorney

It is essential that you are honest with your attorney and provide them with all the relevant details about your case. Only by knowing all the facts can your attorney craft an effective defense strategy. Significantly, when you discuss your case with your defense counsel, attorney-client privilege applies. This means that your attorney cannot reveal the privileged information you divulge to them, even if you reveal your involvement in the crime. It’s up to the jury to decide whether you’re guilty — it’s your attorney’s job to fight for the best possible outcome in your case.     

4. Collect Evidence and Interview Witnesses

The police typically collect evidence in a criminal case. However, this doesn’t mean you can’t present your own evidence. While you cannot hide, conceal, or remove evidence from the scene, you may still be able to take photos or videos, depending on the circumstances. Additionally, your defense attorney should be able to collect relevant documents through the discovery process. They may also decide to hire an investigator who can assist with gathering evidence and interviewing witnesses. In some cases, they might enlist the help of a forensic expert who can analyze certain evidence and testify at trial.

5. Choose a Defense Strategy and See it Through

After discussing the best defense strategy for your case with your attorney, it’s vital to follow through with it. Whether the strategy implemented is based on Constitutional issues, lack of probable cause for the arrest, self-defense, or an alibi, it’s important to trust your attorney. Your attorney will use various arguments during the course of your case to achieve the best possible results.

Contact an Experienced New York Criminal Defense Attorney

The steps you take in building your criminal defense can make all the difference in the outcome of your case. An experienced criminal defense attorney can develop a strategic defense and work to protect your Constitutional rights. Providing effective counsel and high-quality legal services, the criminal defense attorneys at D’Emilia Law are committed to advocating for those who have been charged with a wide variety of offenses in New York. To schedule a consultation, contact us at 1-888-DEMILIA.  

Strong Criminal Defense
Drug Possession

What Defenses Can Be Used in a Drug Possession Case?

If you face charges for possession of a controlled substance, it’s crucial to understand that an arrest does not mean a conviction. While this offense is taken very seriously in New York, there are several defense strategies that can be used to fight the charges...
Testify at Trial

Should a Defendant Testify at Trial?

A big question for many criminal defendants is whether they should take the witness stand. Particularly when the defendant is innocent, they often feel compelled to testify in order to tell the jury that they didn’t commit the crime with which they’ve been charged....
Four Main Categories of Criminal Defenses

What are the Four Main Categories of Criminal Defenses?

If you've been arrested for a crime, it's important to understand that a charge doesn't mean a conviction. The prosecution must prove their case against you beyond a reasonable doubt — and you have the Constitutional right to assert a vigorous defense. Significantly,...
Burden of Proof in a Criminal Case

What is the Burden of Proof in a Criminal Case?

Under the protections provided by the Due Process Clause of the United States Constitution, a defendant in a criminal case is presumed innocent until proven guilty. Importantly, the prosecution must meet a substantial burden of proof to obtain a conviction — they must...
How Brady Material Can Help Your NYC Criminal Defense

How Brady Material Can Help Your NYC Criminal Defense

D’Emilia Law recently secured a favorable criminal defense result in NYC for a client who was arrested for drug charges after he was initially pulled over for a traffic violation. When police searched his car, they allegedly recovered cocaine and he was charged with...

How Jumping Bail Hurts Your Criminal Defense

A critical stage of a criminal defense case is being released from jail while your trial is pending. This is known as being “bailed” or “bonded” out of jail. Bail is the fee a defendant must pay in order to stay out of jail, whereas a bond is posted by someone else on...

Understanding How 30.30 Motions Can Impact Your Criminal Defense

The NYC Criminal Defense lawyers of D’Emilia Law saw firsthand how the COVID-19 pandemic disrupted New York’s legal and judicial system. Its impact on the ability to conduct a speedy trial is one of D’Emilia Law’s top concerns, as many clients’ cases were affected. If...
criminal record sealed

NY Criminal Records Sealing: What You Should Know

The NYC criminal defense firm of D’Emilia Law often receives questions from clients about criminal records and how to seal or remove them. We will address some of the most commonly asked questions here and provide some updates. Could you explain the difference between...
ask your lawyer

Four Questions You Should Ask Your NYC Criminal Defense Lawyer

We previously discussed the basic sequence of events involved in a criminal case. We received a lot of feedback from visitors and readers who inspired us to expand on that installment by exploring what defendants should be asking their lawyers. You should hire a NYC...
D'Emilia - criminal law

Understanding the Stages of NYC Criminal Defense Cases

While every criminal defense case is different, most follow a similar path in the NY legal system.  Every defendant should have a basic knowledge of criminal procedure in the event they are ever arrested or need an NYC criminal defense lawyer. Even if you have...