Don’t worry; an aggressive criminal defense attorney doesn’t mean that your attorney will be rude, uncivil, or unapproachable. What an aggressive criminal defense attorney will do is analyze and fight every piece of evidence laid against you.
Remember, the burden of proof is laid on the prosecution. An aggressive criminal defense attorney will stand up for you. Attorneys remind the prosecution that they are legally required to prove your guilt beyond a reasonable doubt.
An aggressive criminal defense attorney will fight for your innocence.
What Does Aggressive Criminal Defense Involve?
Many attorneys believe that an aggressive strategy involves the following:
- filing tons of motions
- rejecting every settlement offer
- contesting every issue in the case.
This is simply not what being an aggressive criminal defense attorney means.
When mounting an aggressive criminal defense strategy, aggressive criminal defense attorney will gather up every bit of evidence against you, and challenge each individual piece. They will re-conduct tests of scientific evidence, interview witnesses, challenge eye witness testimonies, and challenge police conduct in obtaining warrants and eyewitnesses.
An aggressive defense attorney will work to have evidence against you suppressed so that a jury will never hear it. Aggressive criminal defense attorneys can also gather expert testimonies to help your case, or counter the experts of the prosecution.
Oftentimes, mounting an aggressive defense strategy means going to trial, rather than accepting an early plea bargain.
What Advantages are There to an Aggressive Criminal Defense in Colorado?
Oftentimes, when you are accused of a crime, it can feel as though ‘innocent until proven guilty’ is thrown out the window. It is important to remember that you are innocent until proven guilty, and an aggressive criminal defense attorney will remind the prosecution and the public of that.
An aggressive defense strategy:
- Gives you your day in court,
- Allows you to fight for your innocence, and
- Forces the prosecution to prove their case beyond a reasonable doubt.
As a case moves towards trial, strange things happen: police have more opportunity to embellish or mishandle the true evidence, casting doubt on the case against you. Witness testimony can change, or witnesses can be called into question.
These things can sometimes mean dismissal or a dramatic reduction of charges. Since the burden of proof lies with the prosecution, meaning that they have to prove everything they say beyond a reasonable doubt, having their case put under a microscope at trial has the potential to backfire on them.
Meanwhile, the defense’s only job is to cast doubt on the evidence, so the more the evidence is examined, the better.
What Disadvantages are There to an Aggressive Criminal Defense?
With great rewards comes great risk, and this is certainly true when considering an aggressive criminal defense. Sometimes the rewards of going to trial do not outweigh the risks. If the prosecution can back up enough of their evidence, the smart route may be to take a plea bargain.
For instance, if you are facing overwhelming amounts of evidence and a minimum sentence of 10 years, even an aggressive criminal defense attorney will advise you to take a plea deal for five years. A good attorney can negotiate a case down to squeeze the best plea bargain possible out of a prosecutor.
There is also nearly as much of a chance of evidence against you coming to light during a trial as there is evidence in your favor, not to mention how expensive going to trial can be.
Should I Use an Aggressive Defense Strategy?
Each case is different, and each individual case should be analyzed to determine if an aggressive strategy would be beneficial. An experienced attorney will be able to tell you what will and won’t work with your specific case.
Factors like the judge you are assigned, the plea bargain that is being offered, and the charges being brought against you can affect the type of defense you should put up. If you are facing life in prison on murder charges, you should absolutely fight for your innocence, because you have nothing to lose.
However, with regard to lesser charges, there is a chance that certain judges or prosecutors could be convinced to bring up alternative charges with maximum sentence lengths, while some judges or prosecutors may be particularly tough on certain crimes. An experienced, 24-hour criminal attorney is required to make these distinctions and navigate these obstacles.
What is an Example of an Aggressive Defense Strategy?
Let’s say you were pulled over by a police officer, given field sobriety tests, failed a test on a breath machine, and were subsequently charged with a DUI. The prosecution’s case would focus on four points:
- The reason for the initial stop (erratic driving, broken traffic laws, etc.),
- The officer’s observations during a traffic stop that led him to believe you were driving under the influence (slurred words, the smell of alcohol),
- The field sobriety tests that were given, and
- The chemical test on the breath machine.
An aggressive criminal defense attorney would question the officer’s motives for pulling you over in the first place, and the sensory observations that led him to believe you were under the influence.
This might include information about the officer’s training and service record. For example, if the officer has had very little training specifically on determining if a person is under the influence based on sensory observations, an aggressive criminal defense attorney might point this out.
Your attorney would also likely question the officer about the way he performed the field sobriety tests. An expert could be produced to challenge the method the officer employed by comparing it to the way the tests should be performed.
Lastly, your attorney may gather evidence about the specific breath machine that was used to test you. They might produce repair logs to prove the machine could have been faulty or experts to testify about the various physiological conditions that could distort the results of the breath test, such as GERD.
What Makes So Many People in Denver Choose WeedenLaw as Their Criminal Defense Attorney?
The sooner you start working with an aggressive Denver criminal attorney like Jeff Weeden, the more likely you are to achieve the outcome you want. Why? There are a couple of reasons.
First and foremost, the longer Attorney, Jeff Weeden has to craft your defense strategy, the stronger your defense will be. The longer you wait, the more head start you give to the prosecutor.
Second, there are certain types of evidence that must be collected quickly, or you will not be able to use them. Unfortunately, prosecutors are only interested in evidence that supports their case against you – not something that might potentially exonerate you or bolster your argument. That means you need an aggressive lawyer pushing to make sure all helpful evidence is gathered and used.
Finally, if you have a knowledgeable lawyer by your side when police and others are questioning you, it is far less likely that you will say or do anything that could potentially hurt your case.