Homicide defense requires an examination of a variety of issues: identity, self defense, alibi, faulty eyewitness witness identification, inadequate investigation and mental defenses.
The most common issues in assault cases are self defense and victim fabrication. I have had great success uncovering information that is favorable for my clients and all too often overlooked by the police.
Robbery cases often involve questions of identity or victim participation. Many wrongful convictions from around the country involve faulty identification procedures that invariably result in misidentifications. In other cases, the victim is less than forthright in what is actually a dispute over money, drugs or property.
In burglary cases, the issues often center around identity, proof that the defendant indeed to commit a crime inside the building (if not, it is a criminal trespass) and whether the building was open to the public.
Theft cases are often document driven cases. Questions include – whether the defendant was the person who took the money or property? Was taking wrongful? Did the defendant have permission?
In malicious mischief cases, can the State prove that the defendant was acting maliciously or was it simply an accident? Other issues often involve questions of identity, the admissibility of the defendant’s statements, and the true cost of the damage.
Arson cases present all kinds of issues that must be examined: identity, accidental vs. intentional fires, sufficiency of the investigation, intent, admissibility of the defendant’s statements, and identity.
Driving/Motor Vehicle Offenses
Criminal traffic cases can be very complex and technical. The difference between an accident and an alleged criminal act can often be very narrow. The defense must scrutinize the accident reconstruction, the witnesses’ accounts and scientific tests.
Courts take gun cases very seriously given that they frequently see cases involving gun that end with tragic results. Weapons cases often involve questions of whether the officers conducted a proper search and had a basis to seize the gun.
Domestic Violence cases run the gambit – anything from misdemeanor theft to murder. It is simply a designation that is added to a crime. However that designation can have significant consequences for defendants.
All too often kids do things that they and their parents regret. The juvenile justice system is supposed to place an emphasis on rehabilitation over punishment. In addition to all the other applicable defenses, it is important that the court not forget that we are working with a kid and not an adult.
The consequences of a criminal charge, let alone a conviction, can be devastating for noncitizens. Work visas, education visas, tourist visas and the ability to later naturalize can hang in the balance depending the case’s outcome.