A person accused of a crime is presumed innocent until he is proven guilty through a trial or when he pleads guilty to the crime. The prosecution has to convince the jury that the defendant is guilty beyond reasonable doubt. However, the defendant also has the right to be represented by a criminal defence lawyer who will provide evidence to support the defence.
If the prosecutor fails to prove the case beyond reasonable doubt, the defendant cannot be convicted. The jury will always resolve reasonable doubts in favour of the defendant. The defendant does not even have to defend himself if he chooses not to although there are certain defences that the lawyer can raise.
One of the most common defences used by criminal defence lawyers is the defendant did not commit the crime by pointing out to inconsistencies in the evidence. For example, if a witness says that the actual perpetrator is right-handed while the defendant is left-handed, the criminal defence lawyer will use this evidence to prove that his client is innocent of the crime. Another example is a bloody glove that was found in the crime scene as too small to fit the defendant’s hand.
Another common defence used is alibi which is an evidence that shows that the defendant was in another place other than the crime scene when the crime was committed. For example, if you were accused of robbing a liquor store at about 11 p.m. but you have evidence that you were in a movie house with your girlfriend at that time, your lawyer can use it to establish an alibi defence.
Insanity is another popular defence but used infrequently. This is based on the idea that punishment will only be appropriate if the defendant has the ability to control his own actions and understands that what he is doing is wrong. Insanity is infrequently used because it is quite complicated to prove.
If you are accused of a crime, do not be frustrated because there is MyDefence.ca who can assist you with your case. There are many defences that can be used by a good criminal defence lawyer to avoid punishment.