If you have been accused of a crime that you didn't commit, but you have no proof you didn't do it, what do you do? It's the classic case of someone having no alibi because they were home alone or because the suspect on a fuzzy video looked like them. The situation looks bad, but it's not over, and you still have a chance to walk free. You'll need a very good criminal defense lawyer to help you with your case.
Be Careful Accepting a Plea Bargain
When things truly look stacked against you, you may receive a plea bargain offer, where you plead guilty for a lesser charge and sentence. Be very careful here because, even if the sentence would be probation and no prison time, your acceptance of the plea bargain marks you as guilty for the rest of your life. That can affect your chances of getting a job and even housing later on. You need to discuss all the ramifications with your lawyer before accepting.
Look for Technicalities
One way to get evidence tossed is to look for technicalities that make the evidence inadmissible in court. Evidence might have been gathered incorrectly, something might have been withheld improperly, and so on. Maybe the prosecution didn't check out a witness' story thoroughly or conveniently didn't record that the witness admitted to being drunk when they thought they saw you, for example. If you can make the evidence inadmissible, that helps you greatly.
Questioning Evidence Reliability and Accuracy
You need to work with your defense attorney to go over the evidence bit by bit. Find things in that video that make it at least questionable whether that's you. Get DNA tests, if relevant, or try to check out how reliable a certain witness might have been. Maybe they saw someone with the same build, but they saw them from the back, so they didn't actually see your face. You may not be able to convince a jury you're totally not guilty, but if you can at least get them to the point where they doubt the evidence and find it inconclusive, you've just made your chances of avoiding conviction much better.
This really is a case-by-case situation, but you and your criminal defense lawyer have to do everything you can to avoid a conviction if you really didn't commit the crime. Don't avoid the situation; discuss all possible routes with the lawyer.
Share8 November 2022
Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.