FIGHT YOUR CHARGE AND WIN!!!

In order for a Judge or a Jury to find you guilty of a criminal charge, the Prosecutor has to prove the elements (or ingredients) of the crime.  Only if the Prosecutor can prove everything does the Defendant have to prove anything.  As a result, we always start fighting a criminal charge by challenging whether or not the Prosecutor can prove each of the elements Beyond a Reasonable Doubt.

1.  Understand what the Prosecutor needs to prove.  Do the police reports establish everything the Prosecutor needs?  If not, we can dismiss the case based on the evidence provided to us.  This is often referred to as a Knapstaad Motion.

2.  Inconsistent Statements.  Do the witnesses contradict one another?  This happens in a surprising large number of cases.  Always review the police reports and witness statements thoroughly to find all inconsistencies.

3.  Independent Witnesses.  Can we find witnesses other than members of law enforcement?  As a Prosecutor friend of mine once put it, "Credibility, it all comes down to credibility."  If our witnesses contradict what the police are saying, that may be all it takes to create a Reasonable Doubt. 

4.  What is winning?  Each person may have their own idea of what winning really means.  For some, winning only means getting the case dismissed or having a Jury return a "Not Guilty" verdict.  For others, winning may mean keeping a driver's license or avoiding jail time.  Whatever your definition is, talk with your lawyer about it.