There are a variety of defense strategies an attorney could use when handling carjacking cases. The nature of the defense could vary greatly on a case by case basis. Some of the most common defenses in carjacking cases may include identity offenses where the defendant was not caught in the act and therefore, the identity of the defendant is in question when they are arrested. There may also be field defenses about the threat element of carjacking and whether or not the actual taking element of carjacking occurred. There are a couple different, common legal defenses. There are many benefits to having a carjacking attorney when they are building a Fredericksburg carjacking defense.
If you are preparing for a court hearing without an attorney, it can be a complicated and confusing process. A defense attorney can approach the case in a variety of ways and ensure you understand your rights during the trial. An experienced carjacking attorney may be able to help you build a strong defense case, review the evidence, investigate the case, consult with experts, and negotiate with the prosecutor and judge on your behalf.
A criminal defense attorney is going to want every bit of evidence they can possibly obtain to find out all the potential facts and how those facts may influence their case. This will include witness statements, officer statements, statements of the accused, and third party video if there is any. The third party video could be an occupant in a car or a nearby car, a cell phone video, or a business nearby that has security cameras. All of these things would help determine what type of information was available and how it could be the potential theories of defense.
There are initial steps a carjacking attorney can take when preparing a defense for carjacking charges. Tailored to the specificities of the case, in general, the first steps will be to talk to any and all witnesses and obtain discovery from the Commonwealth Attorney’s office so the person knows what the prosecutor knows. Then, they would try to work with the individual to rehash the details of the interaction and the arrest and to find out where some defenses may lie based upon those specific facts and circumstances.
Depending on the facts of the case, there may or may not be experts. Some experts that may be used in carjacking case are experts regarding the identification of the defendant, including photo erased and that nature, and forensic experts who look at things like DNA, blood, and all of the things left at the scene that may be used to identify the defendant.
A lawyer may be able to help someone with a possible probation or reduced sentencing options when someone is facing carjacking charges in Fredericksburg. If about reducing the potential sentence exposure as well as probation terms, this can be an argument that comes up in sentencing. A knowledgeable attorney understands the local carjacking penalties and can determine the best course of action for someone. There are a wide variety of ways to explore that through plea negotiations, through presentations, evidence at sentencing, and things of that nature that will tend to have a better impact on the sentencing decision of the court.
Criminal lawyers play a wide variety of roles when dealing with someone charged with carjacking in Fredericksburg. A local attorney is going to oversee an investigation; they are going to try to get to the root of the facts and find out what exactly happened and why it happened. They are going to be an advocate for your position. They are also going to be litigators; they are going to find out what legal defenses may arise, what case law may exist that will help you, and how that applies specifically to the facts of the case. Having an attorney while you are building a Fredericksburg carjacking defense can be beneficial, contact a skilled carjacking lawyer right away.
Patrick Woolley Attorney At Law