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Strategies for Defending Queens Federal Criminal Charges at Trial
Strategies for Defending Against Federal Criminal Charges in Queens, NY
Being charged with a federal crime in Queens can feel overwhelming. The federal prosecutors have immense resources at their disposal and federal criminal cases often carry severe penalties. However, all hope is not lost. There are several effective strategies a skilled criminal defense attorney can employ to defend federal criminal charges at trial and secure the best possible outcome for their client.
Conduct Thorough Pretrial Investigation and Discovery
A critical first step is to conduct extensive pretrial investigation and discovery. This involves filing motions to obtain all evidence in the prosecution’s possession, including police reports, witness statements, forensic test results, surveillance footage, etc.Scrutinizing this evidence enables the defense attorney to identify inconsistencies, procedural violations by law enforcement, mistaken eyewitness identifications, and other opportunities to undermine the prosecution’s case.
Explore All Possible Defenses
There are numerous legal and factual defenses that can defeat federal criminal charges or lead to acquittal at trial. Here are some of the most common federal trial defenses:
- Duress – You acted under threat of serious harm or death
- Entrapment – Law enforcement induced you to commit the crime
- Insanity – You suffered from mental disease/defect negating criminal intent
- Misidentification – Mistaken eyewitness identification
- Self-Defense – Use of reasonable force to protect yourself
In addition to these defenses that negate criminal liability, there are also procedural defenses regarding how the evidence was obtained:
- 4th Amendment violations – Evidence obtained via illegal search or seizure
- 5th Amendment violations – Statements taken in violation of your right against self-incrimination
- 6th Amendment violations – Right to speedy trial or counsel denied
A skilled federal criminal defense lawyer will explore all possible defenses and build the strongest case for acquittal or mitigation of charges/sentencing.
Utilize Motions to Suppress Evidence
If there are 4th, 5th or 6th Amendment violations regarding how evidence was collected, a suppression motion can be filed to prevent that evidence from being used at trial.Getting illegally obtained evidence thrown out severely weakens the prosecution’s case.
Attack Credibility of Prosecution Witnesses
Discrediting the credibility of witnesses testifying against you is an extremely effective trial strategy. This involves exposing:
- Mistaken identity – Witness incorrectly identifies you
- Ulterior motives – Witness has reason to falsely accuse you
- Inconsistencies – Changes in witness statements and testimony
- Criminal history – Witness’s own criminal background
Utilize Jury Consultants
Retaining jury consultants and conducting mock trials enables selection of the most favorable jury for your case. Jury consultants have extensive experience determining the best defense strategies and witness preparation given the selected jury’s psychology and demographics.
Collaborate with Legal Experts
Facing complex federal criminal charges requires a collaborative defense team including private investigators, forensic experts, psychologists, and other specialists. Their analysis and testimony is invaluable for negating/mitigating charges.
Explore Alternatives to Trial
While preparing a vigorous defense for trial, pursuing alternatives like dismissal of charges or plea bargains should also be explored. Proffer and cooperation agreements provide opportunities to exchange information for immunity, reduced charges, etc.However, such agreements do carry risks if you accidentally misstate facts or implicate yourself in other crimes. So obtaining experienced legal counsel to navigate these options is critical.
Conclusion
Mounting an assertive defense against federal criminal charges requires exploiting every opportunity to undermine the prosecution’s case and establish reasonable doubt regarding guilt.With an in-depth understanding of federal trial procedures and a thorough case-specific strategy focused on the best interests of the accused, even the most challenging federal criminal cases can potentially result in favorable outcomes.