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Criminal defense strategy: The Defense of truth

On Behalf of The Foley Law Firm | August 19, 2016

Many different directions can be taken when defending a Colorado resident against criminal charges. This is why an experienced defense attorney is so important to have by one's side during such proceedings. A trained and experienced defense lawyer can identify what strategy is most appropriate given the factual scenario of the case at hand. In some situations, a defense lawyer might choose to use the "Defense of Truth."

The Defense of Truth hinges on the fact that the same set of facts and evidence can be interpreted differently depending on the perspective of the viewer. In a criminal case, the prosecution will strive to push their interpretation of the truth to convict the accused person of the crime. Conversely, the defense will try to illuminate why the prosecution is wrong, and why the accused person is, in fact, innocent.

Let's say the defendant's automobile was used during a bank robbery as the getaway car. The prosecution might try to prove that the defendant was the driver and an accomplice to the crime. Meanwhile, the defense might try to show that the defendant was robbed of his or her car and/or show that the defendant was in a different location at the time the bank heist occurred.

Alternatively, maybe the defendant was somehow involved and guilty of a crime, but the defense is able to gain the court's sympathy by showing that the defendant tried to back out of the crime just before it occurred or even called the police to turn him- or herself in. This might show that the defendant's actions were not as uncaring as they initially occurred and it could secure a lesser punishment for the crime.

Ultimately, all Colorado criminal law cases rely on the truth, and the use of hard facts and evidence to illuminate the truth. They also rely on how that truth is interpreted and what it means, and this is where a skilled criminal defense lawyer could be essential to the process.

Source: FindLaw, "Criminal Defense Strategies," accessed Aug. 19, 2016

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