What Makes a Strong Criminal Defense Strategy?

Facing a criminal charge in Texas can be an overwhelming experience. Understanding what goes into an effective defense strategy can help you understand the process. From challenging unlawfully obtained evidence to negotiating a dismissal or favorable plea deal, a strong defense is built on the quality and presentation of evidence.

Working with an attorney who is familiar with court-specific requirements and judicial preferences is key to a successful defense, which is what you will find with our San Antonio criminal defense lawyer.

Challenging the Evidence

The manner in which evidence was collected, analyzed, stored, and transported must be scrutinized in each criminal case. One of the primary ways that evidence can be challenged is through a motion to suppress illegally obtained evidence. Like federal courts, Texas courts suppress evidence obtained through illegal searches or seizures or through involuntary or unlawfully obtained statements. In DWI and drug cases, the validity of blood alcohol testing, breathalyzers, DNA testing, and other forensic evidence can be called into question based on device calibration, testing methodology, or lab errors. Additionally, any gaps in how evidence was handled may signify a broken chain of custody, undermining the evidence’s reliability.

Motions Practice

Both the prosecution and defense may file motions asking the court to make legal rulings before or during a criminal case. Depending on the circumstances, the defense may file a motion to suppress unlawfully obtained evidence, a motion to quash or challenge a charging instrument, or other motions addressing evidentiary, procedural, or constitutional issues.

Pretrial motion practice can significantly affect how a criminal case proceeds. A successful motion may limit the evidence the State can use, require the State to correct a legal or procedural issue, or otherwise change the strength of the prosecution’s case. Determining which motions are appropriate requires a careful review of the facts, evidence, and law applicable to the individual case.

Raising Affirmative Defenses

Texas law recognizes a number of defenses that may apply even when some or all of the alleged conduct occurred. Depending on the circumstances, these may include self-defense, necessity, duress, mistake of fact, and other defenses recognized by law. Texas also recognizes certain affirmative defenses, including insanity.

These defenses focus not simply on whether an act occurred, but on the circumstances surrounding it and whether the law provides a defense to criminal responsibility. For example, a person may acknowledge using force but argue that the force was legally justified as self-defense. Which defenses are available (and what must be proven or raised at trial) depend on the specific facts and law applicable to the case.

Attacking Witness Credibility

In a Texas criminal case, the State has the burden to prove each element of the charged offense beyond a reasonable doubt. An effective defense may focus on weaknesses in the State’s evidence and whether the prosecution can actually meet its burden of proof.

Witness credibility can be an important part of that analysis. A witness may give testimony that conflicts with an earlier statement, other witness accounts, physical evidence, video footage, or other facts in the case. Through cross-examination and, when appropriate, impeachment with a prior inconsistent statement, the defense can expose those inconsistencies and challenge the reliability of the witness’s testimony. Texas Rule of Evidence 613 governs the use of prior inconsistent statements for impeachment and establishes procedures that must be followed when confronting a witness with a prior statement.

Effective Plea Bargaining

Many criminal cases in Texas are resolved before trial through a negotiated plea agreement. Whether a plea agreement is appropriate depends on the facts of the case, the strength of the State’s evidence, the available defenses, the potential consequences of a conviction, and the client’s individual goals. When plea negotiations are appropriate, several factors can affect both the negotiations and the outcome, including:

Understanding the strengths and weaknesses of the State’s evidence and any available legal defenses.
Leveraging any weaknesses found and using mitigating circumstances effectively during plea bargain negotiations.
Understanding prosecutor’s priorities and the specific court’s tendencies.
Discussing potential punishment and collateral consequences.
Obtaining a dismissal or favorable plea offer, including pretrial diversion or deferred adjudication (which allow for the charges to be dismissed upon successful completion of the respective programs) where available.

Sentencing Mitigation

When punishment is at issue, an experienced criminal defense attorney can present mitigating evidence to give the judge or jury a more complete picture of the person behind the charge. Depending on the case, mitigation may include a person’s employment history, family responsibilities, lack of prior criminal history, community involvement, treatment or rehabilitation efforts, acceptance of responsibility, and other circumstances relevant to an appropriate sentence.

In Texas, punishment may be assessed by either a judge or, in certain cases, a jury. Effective mitigation should be tailored not only to the individual client and circumstances of the offense, but also to the decision-maker who will ultimately determine punishment. The goal is to provide meaningful context and advocate for the most favorable outcome available under the circumstances.

Charged with a Crime? Our San Antonio Criminal Defense Attorney Provides Tenacious Representation

Every case is different, and the strategies that work depend on the specific facts, charge, and county where you’re being prosecuted. At Amanda Hernandez, PLLC, our San Antonio criminal defense attorney can review the evidence against you, identify weaknesses in the government’s case, and build a defense strategy tailored to your situation. To get started, contact our San Antonio office online or by calling (210) 369-4040 to schedule your consultation.