When faced with carjacking charges, it’s essential to have a solid defense strategy. Criminal defense lawyers employ various techniques to protect their clients’ rights and present the strongest possible case. In this article, you’ll learn about four key methods to build a defense against carjacking charges.
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Challenging the Prosecution’s Evidence
One of the primary ways defense lawyers build a defense is by challenging the evidence presented by the prosecution. This involves a thorough review and scrutiny of the evidence to identify any weaknesses or inconsistencies. A Calgary criminal defence lawyer will examine the legitimacy of the evidence.
They’ll question how the evidence was obtained. Was it collected legally and followed proper procedures? If the evidence was obtained through an illegal search or seizure, your lawyer could file a motion to suppress it, meaning it cannot be used in court. This could significantly weaken the prosecution’s case.
Your lawyer will also challenge the credibility of witnesses. Eyewitness testimony can be unreliable, especially in high-stress situations like carjacking. Your lawyer might investigate the witnesses’ backgrounds, question their ability to have seen the events or highlight any inconsistencies in their statements.
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Establishing an Alibi
Another critical defense strategy is establishing an alibi. If you were not present at the scene of the crime, you cannot be guilty of carjacking. Your lawyer will work diligently to gather evidence that proves your whereabouts at the time of the alleged incident. They’ll gather statements from witnesses who can confirm your location.
Friends, family members, coworkers, or even strangers who were with you at the time can provide testimony that supports your alibi. These statements can be powerful evidence in demonstrating that you could not have committed the carjacking.
Technology can also be a crucial tool in establishing an alibi. Your lawyer might use data from your phone, social media accounts, or GPS devices to track your movements. For example, cell phone records can show your location at specific times, placing you far from the crime scene. Video surveillance footage from businesses or public places can also corroborate your alibi.
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Demonstrating Lack of Intent
Carjacking is not just about taking a vehicle; it also involves intent. Demonstrating a lack of intent can be a powerful defense. Your lawyer will aim to show that you did not have the criminal intent necessary for a carjacking charge. One way to demonstrate a lack of intent is by proving a mistaken identity. Your lawyer will argue that you were misidentified as the perpetrator. Witnesses might have seen someone who looked like you but was not you. Through this defence, a lawyer will prove that you had no intent to commit carjacking.
Another approach is arguing that you acted under duress or coercion. If you were forced or threatened into participating in the carjacking, your lawyer will present evidence of this coercion. They’ll give testimonies about threats made against you or your family, or evidence that you were under extreme pressure at the time.
Summing Up
Facing carjacking charges is a serious matter, but with the right defense strategy, it is possible to challenge the prosecution’s case effectively. A lawyer will scrutinize evidence, establish an alibi, demonstrate lack of intent and build a strong defense to protect your rights and help you achieve a favorable outcome.
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