The Best Offense is a Strong Defense: How to Build a Strong Defense in Your Case

Nik Fondren • Nov 13, 2023

Being charged with a crime is many people's idea of a worst-case scenario, but don't panic. Instead, stay calm, keep quiet, and learn how to build a strong defense.

1. Hire an Attorney Right Away


No matter what the charges are, the first step anyone accused of committing a crime should take is to request a consultation with a criminal defense attorney. While it's true that people in America can represent themselves in court, those without an in-depth knowledge of the law won't be able to craft as strong a defense as a lawyer. Hiring an attorney as soon as possible gives them the time to interview witnesses while everyone's memories are still clear, find evidence, and identify potential flaws in the prosecution's case, so don't wait.


Defense lawyers often win cases pre-trial by having charges dismissed, as well. This is the ideal situation for a client because while the best offense is a strong defense, most defendants don't want to go through the stress of a trial if it can be avoided. Remember, that doesn't necessarily mean pleading guilty and taking a deal. If the lawyer for the defense can show a judge that the case shouldn't go forward, that may be enough to have the charges dropped.


2. Know the Law


Criminal defense attorneys are well-versed in the subtleties of their state's criminal codes. Their intimate knowledge of the law can mean the difference between a conviction and an acquittal when building a defense since it allows them to focus on specific components instead of disproving the prosecution's entire case. While there's no way for the average citizen to get a complete understanding of criminal law in time for it to be relevant at their trials, it's always wise to take advantage of available resources and ask lawyers about relevant laws and legal procedures.


Due process laws are an excellent example. This clause in the Fourteenth Amendment requires the police, lawyers, and others who work within the legal system to follow certain rules, and it applies any time the government's actions could deprive a person of their right to life, liberty, or property. If a defense lawyer can prove that the police or detectives who investigated the case did not follow due process, they may be able to get the charges dismissed. Attorneys may also be able to identify breaks in the chain of evidence and other police missteps that could work in the defendant's favor.


3. Keep Criminal Defense Lawyers Informed


Every defendant needs to build a strong relationship with their attorney based on trust and open communication. The attorney needs to understand the nuances of the cases to craft an effective defense that will stand up in court, and that can only happen if the client answers questions honestly and shares their concerns immediately. Candid discussions help lawyers form the most effective defense strategies and ensure that they are aligned with the defendant's goals.


While defendants need to communicate openly with their criminal defense lawyers, it's equally essential that they learn how to stay quiet the rest of the time. The best-developed defense can easily be thrown entirely off the rails by something as simple as a poorly worded comment, and it's not just the police that defendants have to worry about. The time leading up to a trial is also a good time to take a break from social media or at least exercise some extra caution.


4. Gather Relevant Evidence


Most criminal defense strategies rely on a combination of evidence and witness testimony to succeed. While it's best to leave the gathering of some types of evidence, such as security camera footage from unrelated parties or electronic data that isn't legally available to the defendant, to a lawyer, there are also steps defendants can take. Be prepared to turn over things like cell phone videos, digital communications, and any other evidence that refutes the prosecution's case.


While defendants can and often must gather certain types of evidence to help with building a strong defense, they should leave questioning witnesses to lawyers. Defense attorneys have experience conducting interviews and know what questions to ask to get the most possible information from witnesses. Criminal defense lawyers often question the prosecution's witnesses before going to court, as well, which can give them extra insight into the case against them and make it easier to craft a strong defense.


5. Help to Craft a Compelling Narrative


People are more likely to listen to and internalize a compelling story than they are a collection of individual facts that refute the prosecution's claims, which is why the defense needs to craft a compelling narrative. In most cases, that means using evidence and witnesses to tell an alternate story to that being put forth by the prosecution. In some cases, the defense may need to call professional witnesses to support their version of the events.


Crafting a compelling narrative also helps jurors see that the defendant is a real human being who deserves their full attention and sympathy. That's why character witnesses can sometimes be beneficial, especially if the defendant will be testifying in court. In most cases, defense lawyers don't choose to have their clients take the stand, but, in certain circumstances, defendants can help to craft a compelling counter-narrative directly by explaining their version of the events.


Criminal Defense Attorneys Know How to Build an Effective Case


If you're facing criminal charges, the best thing you can do is to find an attorney and commit to working intimately with them to craft an effective defense. You can help by presenting the attorney with relevant evidence, gathering contact information from witnesses, and keeping quiet when it comes to police and media interactions. However, unless you plan to represent yourself in court, it's usually best to defer to your lawyer when crafting an effective defense strategy that incorporates some or all of the elements described above.

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Know Your Rights: What to Do When Stopped by the Police

By Nik Fondren • 10 Apr, 2024
Nobody wants to be stopped by the police, even when they have done nothing wrong. If you are in this situation, knowing what to do can help reduce the stress associated with this encounter. Stay calm and never act hostile toward the officers. Know your rights and what to do so the situation doesn’t escalate. Know Your Rights Most people know they have the right to remain silent during an encounter with law enforcement. You may be required to provide your name, depending on state laws where the encounter occurs, but that is it. Firmly state you wish to remain silent and stop speaking. They cannot compel you to do so once you make this statement. Furthermore, if police stop you while driving, the right to remain silent applies to any passengers in the vehicle. Passengers might also ask if they can leave during this traffic stop. If officers say they may, they should do so quietly. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. Law enforcement officers cannot search your person, home, or car without your permission unless they have a warrant. Have them produce this warrant so you can review it. However, officers may pat you down to check for weapons. They are permitted to do so for their safety. If the officers ask to search, say that you do not consent. They may conduct this search anyway, depending on the circumstances of the encounter. This verbal statement that you do not consent to the search may become important if authorities file charges against you. When officers enter the home, they may not search without your permission or a search warrant. If they arrest you at home or work, they have the right to search the immediate area or anywhere they can see criminal activity. Pay attention to what they do throughout this search to confirm they conduct it properly and don’t overstep their bounds. Every person has a right to a criminal defense attorney in Cullman, AL . Request a government-appointed attorney if you cannot afford to hire a lawyer. Let the officers know you would like to make a phone call. They cannot listen to any calls between you and an attorney, but they have the right to listen to all other calls you make. The officers can tell you how to request a government-appointed attorney if one is needed. Handling Police Encounters Safely During any encounter with the police, stay calm. Never volunteer information, even if it seems harmless. Use your right to remain silent or only answer direct questions, never offering additional information when doing so. Never argue with officers or bad-mouth them, as doing so could change the whole tone of the interaction. If officers attempt to pull you over while you are driving, continue operating the vehicle until you reach a place where it is safe to stop. Never stop in the middle of the road or impede traffic, as doing so puts you and the officer at risk of harm. When the vehicle is stopped, remain in the car, turn on the interior light, and put your hands where the officer may see them. Ask passengers in the vehicle to show their hands as well. Provide any documents requested by the officer during this traffic stop. They may ask to see your driver’s license, registration, and proof of insurance. Before collecting these documents, let the officer know where they are located. Reaching into a glove box or under the seat may appear to be a threatening move to the officer. Letting them know that is where the documents are and that you aren’t reaching for a weapon can help to reduce tension. Never run from a police officer. Also, do not touch the officers, as any touch could be construed as threatening in a volatile situation. If officers arrest you, go willingly. Don’t resist or become combative. Doing so could make a bad situation worse. Common Misconceptions People often believe they must consent to a search or take a breathalyzer test. They feel they are required to answer questions when asked by law enforcement. A person doesn’t have to say or do anything when stopped by the police. Failing to answer questions or consent to a search may result in a trip to the police station. Let this happen and contact an attorney with your one phone call. While the trip to the station is an inconvenience, it will probably be a short-lived one once your attorney arrives. They will work to get the matter resolved and have you released quickly. Protecting the Rights of Others You may find yourself in a situation where law enforcement is handling a matter involving another individual and you are merely a bystander. Help each other out by observing this interaction and recording it if possible. Try to capture officers’ badges and patrol car numbers with the video to show who was involved beyond what can be seen in the video. Also, ask witnesses to state their names and contact information on the video. They may need to share what they saw with authorities. If the situation is mishandled in any way, contact the internal affairs department of the law enforcement agency, so they may handle the matter. In addition, share the video with the attorneys of all parties involved in the interaction if problems arise. When law enforcement officers know they will be held accountable for their actions, fewer problems typically arise during a stop or other interaction. Law enforcement officers cannot stop bystanders from recording their interactions with individuals. However, the person taking the video must not interfere with police activity in any way. If you wish to record an interaction, do so from a safe distance. Don’t hide the fact you are recording, as police officers know they do not have any expectations of privacy while on the job. However, you may need to ask those interacting with the officers if they wish to be recorded. State laws vary on whether permission is needed so it is always better to ask. A person may come into contact with law enforcement multiple times throughout their life. All parties are responsible for what happens in each interaction. Know your rights and how to handle these interactions safely and legally. Everyone must work together to keep our country safe while ensuring our rights remain protected. This is not a job for one person alone.

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Will Alabama Law Allow You to Relocate With Your Child After a Divorce? Steps on What To Do

By Nik Fondren • 13 Nov, 2023
Finding a better job, living in a larger home, and being in a better school zone are just a few of the reasons to move when you have kids. As complex as a move can be, it can be even more complicated when there’s a custody and visitation order after a divorce. While no one can stop someone from moving, it can impact custody and visitation, and it may be possible to be prevented from moving to another city or state. Those who are considering a move will want to understand Alabama laws and how they can impact the relocation. Before moving, some extra steps need to be taken to make sure everything is as smooth as possible and to make certain potential disruptions in parenting time or custody are minimized. What Counts as a Relocation? In Alabama, a relocation that requires additional steps is any move where the parent will be living more than 60 miles from their previous home. If the parent is moving across town for their job, to get into a better school zone, or for any other reason, the other parent may not be able to object since the location will likely be within 60 miles. If a parent moves more than 60 miles away, however, they must notify the other parent. In this situation, the other parent has the opportunity to object to the move. As long as the move is not far, the courts are generally not involved. The other parent does not get to say the move can’t occur since it is still within a reasonable distance. Of course, there may be exceptions to this if the move is not in the child’s best interest. If the move is more than 60 miles, though, the other parent can intervene and request the courts deny the move to prevent it from happening. Often, this is done if it will impact the other parent’s visitation abilities or have a potentially negative impact on the child. Parents who are concerned about whether a move counts under Alabama law can speak with a child custody attorney . This provides them the opportunity to learn more about the potential outcome if the other parent objects to the move or what they need to know to start the process. Providing Notice for the Relocation When a move is pending, the parent who is moving must give the other parent at least 45 days' notice of the move if it will be more than 60 miles away. This amount of time offers the other parent the option to object to the move in the courts and request the move be denied if they believe it’s not in the child’s best interest. If the parent finds out they will need to move in less than 45 days, they must provide the other parent with at least 10 days' notice. This may happen if there’s an emergency with the home or a parent is required to move for work. Objections to a Move The parent who is not moving does have the ability to object to it. To do this, they will need to file an official objection with the courts. At this point, a hearing will be scheduled, and both parents are required to attend. At the hearing, various considerations will be discussed to determine if the move will be allowed by the courts. It is highly recommended for the moving parent to speak with an attorney who handles Alabama family law before the hearing to get a better idea of what to expect. If the judge denies the move because they do not believe it’s in the best interest of the child, the parent will need to determine their next move. This could include negotiating visitation times to make the move more beneficial for both sides or moving to somewhere within the 60 miles that will still allow them to meet the goals of the move. It is possible in some situations to appeal the decision made by the judge, but this can take time, and alternative resolutions may be a better idea. A revised custody and visitation order may be created if the judge approves the move. This will be done to make sure the parent who is not moving is still able to be in contact with the child and able to have visitation. Depending on various factors, such as the distance of the move, visitation can still be the same or change significantly. The goal, however, is to allow the move without reducing or limiting the visitation of the parent who will not be relocating. Considerations for the Court The court will consider numerous factors when determining if a move is in the best interest of the child. Some of the factors they’ll consider can include the following. Relationship with Other Parent – They will consider how the relationship can be impacted by the move. Transportation – Whether transportation will be an issue for either parent can be a significant concern with longer distances. Parental Communication – There needs to be thought about how the parents can and do communicate about the child, especially over longer distances. Impact on the Child – Whether it will positively or negatively impact them, the effect it may have on their education, and more. Ability to See Siblings – If the child has siblings who are not moving, their chance to be together and know each other may be considered. Location of Residence – Moves out of the country may not be as likely to be approved as ones still within the US, even if the parent is planning to move to another state.  Moving to a new home can be exciting and full of opportunity, but relocating after a divorce can be a little more complicated. For those parents who are considering a move, speaking with an attorney is a good idea before making any concrete plans. This provides them with an opportunity to learn more about Alabama laws and how they can influence the move.
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