• A defense attorney can try different tactics to help his client's case.Justice image by MVit from Fotolia.com
  
  Defense attorneys face an uphill battle in defending clients who have been charged with committing crimes. If a person has been arrested for committing a crime, the government likely has solid evidence against that person. There are tips that may help the defense attorney to use that evidence to the defendant's advantage or have the court disregard that evidence altogether.
  
  

Get the Full Story

• Encourage the client to tell his story from the beginning, with the events happening in chronological order. That way, it will be easier for you to understand and less likely for the client to forget the details of the story. As he tells the story, take notes and ask questions to get a full picture of the issues he will be facing in court. Examine the elements needed to prove that your client committed a certain offense. If any elements needed to prove that your client committed the crime are missing, zero in on that element. For example, if your client has been charged with receiving stolen goods, and one of the elements of the crime is for the client to have known the goods were stolen is missing, he should not be found guilty of having committed the crime. Figure out ways to convince the trier of fact that the defendant did not know that the goods he received had been stolen.
  
  

Truth is Best

• Impress upon the client the importance of telling the truth. If the client is caught in a lie, the prosecution can impeach her. If the prosecutor impeaches the client at trial, the client may lose all credibility with the trier of fact. The trier of fact may be the judge or the jury if the client has requested a jury trial. You may also put witnesses on trial to bolster your client's case. Again, prep your witnesses, and let them know the importance of telling the truth in this criminal proceeding. Not only can the defendant be impeached; witnesses can be impeached, as well. If someone has gone on the record as saying one thing, and that person gets on the witness stand saying something in contradiction of what has already been said, she can bet that the prosecution will bring that to her attention in front of the judge and the jury.
  
  

Use Discovery

• Find out what evidence the prosecution has against the defendant, and see if you can't get that evidence thrown out. The prosecution has the duty to disclose the evidence that he has against the defendant during the discovery process. Once you receive that evidence, you can figure out if the police have infringed upon any of your client's rights. If so, you can move to suppress that evidence. For example, a police officer needs to have probable cause and a search warrant in order to search for and seize evidence. If either of these requirements were missing when the officer seized the evidence used in connection with the arrest of the defendant, then that evidence should be suppressed.