How Do You Win a Criminal Trial in NY?

To win a criminal trial, you need to show that the prosecution’s case against you is not as ironclad as it looks. That’s not usually easy, since most prosecutors are not going to go to trial unless they think that they can win. This is why you should think about hiring an experienced Astoria criminal defense lawyer from our firm.

How Do You Beat the Prosecution in a Criminal Trial?

To win a criminal trial, you have to have the charges dismissed or you have to have a jury find you “not guilty.” If a jury cannot come to an agreement about whether you are guilty or not guilty, that’s a hung jury. Your case could be dismissed, but the prosecutor often asks for a retrial in such cases, so you would not be out of the woods just yet.

An attorney can sometimes get a case dismissed before jury deliberations begin. A defense lawyer can argue that:

• There is not sufficient evidence to charge their conduct
• The defendant’s rights were violated during a search and evidence needs to be thrown out
• The prosecution has committed some kind of misconduct
• The defendant was not read Miranda rights so their statements should not be admissible to the court
• There is some reason why certain evidence should not be admissible

A defense attorney who can successfully argue any of these points can hobble a prosecutor’s case, essentially winning the criminal trial as it begins.

What is Reasonable Doubt?

If the case proceeds and there is evidence against you, then you have to try and create reasonable doubt. The state needs to prove you guilty beyond a reasonable doubt, meaning that any reasonable person who saw their case would accept their argument. You need to show that there are other potential explanations for what occurred.

There are a few ways to do this. Your lawyer can:

• Attack the credibility of witnesses
• Argue that there is a case of mistaken identity
• Argue that no crime actually occurred at all
• Say that the defendant did not understand their criminal actions due to intoxication or insanity
• Insist that you were acting in defense of yourself or others
• Introduce evidence that counters the evidence offered by the state

Any of these strategies can help create reasonable doubt. If a jury can believe that there is an alternative explanation and that you purposely committing a crime is not the only possible scenario, they are supposed to find you not guilty.

Contact Our Law Firm

If you are serious about winning your criminal trial, you should have a knowledgeable attorney by your side. Contact Vasiliou Law and schedule your free consultation. We would love to take the time to tell you more about what our law firm can do to assist you.