Scott, McNeill, Burney & Kruse, PLLC

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Criminal defense strategies: Should I deny the charges?

It doesn't matter how serious your criminal charges are, and it doesn't matter how much evidence the prosecution has gathered against you: You still have the right to defend yourself in court with the assistance of a criminal defense lawyer.

Your defense lawyer will investigate the evidence, facts and circumstances surrounding your arrest, and review the laws at issue in your charges, and potential punishments in the event of conviction to determine the most appropriate criminal defense strategies to employ your case. As such, whether you outright deny your charges may depend on the unique circumstances of your case.

Admissions of guilt and denials in criminal defense proceedings

Depending on your circumstances, your response to your allegations will likely be: (1) a confession story, (2) a complete denial story, or (3) an admit and explain story. Let's take a look at what each of these "stories" entails.

-- A complete denial: In a complete denial, you will deny all of the prosecution's allegations against you. For example, you might have an alibi who vouches for you, saying that you were with him or her at the time you allegedly committed the crime. Or, maybe you have alibi evidence, like a credit card receipt that shows you bought gas in a different city at the time the crime occurred.

-- A confession: In a confession, you will admit that you committed the crime. This can be a useful strategy if evidence against you is strong enough that a conviction is likely to occur. Prior to a confession, you may be able to negotiate with the prosecution to receive a dramatic reduction in the severity of your punishments.

-- Admit and explain: This is a mix of both the above strategies. You'll be admitting to committing the alleged crime, but you will offer a reasonable explanation for why you had no choice but to commit the action. For example, maybe you were speeding and driving a vehicle while intoxicated because you had to deliver your friend to the hospital. You had no choice but to take the risk of driving drunk to save your friend's life. Or, maybe you entered a neighbor's house without permission to put out a fire, and you had to break into the house to commit an unlawful act.

Discuss your criminal defense options with a lawyer

A Texas criminal defense lawyer can help you review your various pleading options. By reviewing the evidence and other information surrounding your charges, your lawyer will recommend the most appropriate strategy to try and minimize the threat or severity of potential punishments relating to your criminal allegations.

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Scott, McNeill, Burney & Kruse, PLLC

Scott, McNeill, Burney & Kruse, PLLC 9946 E Bankhead Hwy Aledo, TX 76008 Phone: 817-953-5081 Fax: 817-441-2118 Aledo Law Office Map

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