When you are first arrested for a crime, you will want to locate a criminal defense attorney who can help you with your case. When you talk with your attorney, chances are that your conversations about your crime will fall into one of three categories. The first category that your story may fall into is a "confession." Defendants who take this path will admit his or her crime to the attorney.
For example, if the defendant comes to the attorney's office and verbally admits that he cooked crystal meth and sold it for profit, then this is considered a confession. The attorney will use this confession to best develop a defense that benefits the defendant. In some cases, individuals who confess their crime would be better off pleading no contest or pleading guilty to their crime.
The defense attorney can negotiate with the prosecution in the case and help to determine the best route to take with the defendant. The prosecution may agree to a plea bargain, which means that if the defendant confesses his crime before the court he may receive reduced charges or a lesser penalty.
Other times, when defendants meet with their attorneys they present a "complete denial" story. This is when the defendant denies all charges that the prosecution has laid against him or her. In many cases, defendants who use complete denial also use an alibi. This is when a person claims to have been somewhere else at the time that the crime took place. Oftentimes these alibis are true. If you can find evidence that you were not at the scene of the crime that you have been accused of, then you will want to make sure to present this to your attorney to help with your case.
For example, if you were at the movies when you were accused of domestic violence, then you can use the movie ticket stub as proof. You can also obtain a credit card record that shows that you purchased the tickets, and you may be able to locate witnesses at the theatre who can vouch for your presence. Whenever using an alibi it is important to collect as much information as possible to help you with your argument. An attorney will also help you to create a legitimate defense if you are in complete denial of the case.
Lastly, some defendants choose to admit and explain story. This is when someone both confesses the crime and denies details of the crime. This is a very common story and defendants can often work with their attorney to try and show that they may have committed the crime but under understandable circumstances. For example, maybe a defendant did hit a man on the street, but did so in self-defense.
In this case, the crime would be permissible because the individual was acting within his legal right to self-defense. Also, sometimes a defendant can prove that a crime was unintentional. For example, if charged with retail theft, an individual may explain that he or she accidentally stole the items by placing them in her bag without remembering to take them to cash register.
For another example, a person may be charged with drug trafficking, but may not have been aware that he had drugs in his vehicle. Maybe the drugs were planted in the car without your knowledge, and when you were stopped by the police you were as surprised as them to discover the narcotics. If you have an admit and explain story, you will want to discuss all the details with your attorney so that you can craft a convincing and effective defense for your crime!
