Unfortunately, my son got caught up with the wrong group of kids over the last summer. It was not until the police officers brought him home that I learned of what he and his new group of friends were up to. I knew at that moment that I was going to need a lawyer to help me help him through the situation. My lawyer was so helpful in many ways. By the time we worked our way through the legal process, my son was able to walk away without any charges that could threaten his future. Visit my site to learn what can be done for a troubled teen to get him or her back on the right track.
It's not uncommon for a criminal defense lawyer to hear a client pitch an unfeasible defense. You can benefit from understanding which defenses don't have great odds so you can focus on one that stands a chance of working. Take a look at three arguments a criminal defense attorney is probably going to tell their clients to avoid.
Entrapment
Yes, it can feel like law enforcement must have done something dirty to leave you stuck with a criminal charge. Entrapment, however, is an incredibly difficult defense to present. Primarily, the problem with an entrapment defense is that the police have to practically walk you through the entire crime. If you had an opportunity, for example, to opt out of the situation and walk away, there's a good chance a judge and jury won't consider any other conduct by the police to constitute entrapment.
Be aware that police have broad leeway to conduct operations. If a cop lies to you to maintain a case, for example, that's likely to be fine for the prosecution. The question usually hinges on what did you decide to do.
The Victim Was Okay with It
Most offenses that identify a victim don't provide room for the victim to consent to illegal conduct, even if they were 100% okay with it. The vast majority of states can prosecute someone involved in a fistfight for assault and battery, for example, regardless of whether their opponent agreed to the fight.
The only time the victim's consent might shift the case is if it changes their legal status as a victim. For example, theft isn't theft if you can prove the alleged victim legally granted you use of whatever was supposedly stolen. At that point, the law doesn't see them as victimized.
Everybody Was Doing It
The courts don't care for morally relative arguments. Even if the police managed to miss numerous crimes committed by others at the time your alleged offense occurred, it doesn't matter. Judges understand that it's hard to prosecute everyone, and they almost always let prosecutions of this type move forward.
One exception comes from prolonged non-enforcement of a law. If the state decides to prosecute you based on a law that no one has been charged under for decades, you might assert that the law is being unequally enforced. Bear in mind, though, that this strategy mostly sets up an appeal if the judge doesn't buy it during an initial hearing.
Reach out to a criminal defense lawyer to discuss your case and the defenses that they would suggest.
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