It is easy to get lost in the Missouri criminal justice system, particularly if charged with violent crimes. Alternatives do exist, however. Missouri courts experience a day’s worth of varied strategy defense options with the aim of protecting the accused’s freedom and rights. Knowing the best case defense approaches can make all the difference when deciding if or not a case is to be won.
This article covers the finest criminal defense strategies utilized by Missouri courts and how experienced criminal defense attorneys utilize them to turn over cases and give justice to the clients.
Presumption of Innocence: The Key to All Defense
One needs to understand first that each defendant is assumed to be innocent unless they are found guilty beyond doubt. That assumption at the outset is the one that places the burden on the prosecution. Proper defense counsel will ensure that they remind the judge and juror in court as a matter of course that the state is required to prove each element of the crime — not the defendant.
Insufficient Sufficient Evidence or Reasonable Doubt
Naturally, one of the most common and effective Missouri defenses is to establish an insufficiency of evidence by the prosecution to secure evidence beyond reasonable doubt. To that end, the defense will:
- Undermine the credibility of prosecution witnesses
- Find inconsistencies in police testimony
- Reveal flaws in forensic or circumstantial evidence
- Establish alternative theories of crime
By establishing reasonable doubt, the defense will persuade the jury to acquit the defendant.
Alibi Defense
Alibi defense refers to the case where the defendant is elsewhere when the offense took place. It is highly convincing if it has:
- Time-stamped surveillance
- Witness testimony in support of the defendant’s location
- Electronic evidence (such as cell phone data or GPS)
Defense, in Missouri, must pre-notify the court should they wish to introduce an alibi so that prosecution can make the investigation.
Self-Defense and Defense of Others
Where there is violence or murder, defense of others or self could be a powerful argument. Missouri has a robust “Stand Your Ground” law, whereby citizens can use deadly force without retreat when they have a reasonable belief that such force is justified to prevent imminent death or serious bodily injury. Defense lawyers most often employ this strategy where:
- The defendant was provoked first
- The opposing group was armed
- There has been a history or threat of abuse
Evidence like injuries, witness statements, or past events may support the legitimacy of a claim of self-defense.
Illegal Search and Seizure
If police officers employed the defendant’s Fourth Amendment rights as a tool for abuse during the process of a search, any evidence found can be rendered inadmissible in court. Abuses involve:
- Searching an automobile or home without probable cause or a warrant
- Stealing property without justification
- Omission of Miranda warnings when required
Missouri courts take constitutional rights seriously. If a criminal defense attorney can prove that the crucial evidence was obtained illegally, the case may collapse due to the lack of admissible evidence.
Entrapment
Entrapment is where police officers induce an individual to commit an offense they would otherwise not have done. The defense works best in undercover sting cases, e.g., prostitution or drugs. To entitle the criminal defense of entrapment in Missouri, the defense has to prove:
- The criminal plan started in law enforcement
- The defendant was not predisposed to commit the crime
- The government’s actions were coercive to an extreme extent
This is a stringent requirement but handy sometimes.
Misidentification
In most cases — eyewitness or surveillance, for instance — misidentification can be countered by the defendant. Human nature is notoriously bad at identifying strangers under stress, and in Missouri courts, the defense could come in any one of several ways:
- Challenging the eyewitness testimony as incorrect
- Presenting expert opinion evidence relating to memory and perception
- Claiming an alibi or alternative suspect theory
Forensic support such as DNA testing can offer more solid claims of misidentification.
Mental State and Insanity Defense
In Missouri, a defendant is not criminally responsible if he or she was legally insane at the time of the offense. The state applies the M’Naghten Rule based on whether or not the defendant was aware of the nature and quality of the act, or whether or not he or she was aware that the act was not right. The complex criminal defense typically involves:
- Psychiatric examinations
- Expert witness testimony
- Detailed history of mental illness
It is not an easy road but can lead to a verdict of not guilty by reason of insanity or reduced charges.
Consent
In offenses such as sexual assault or trespassing, the defense can revolve around the issue of consent. If the accused can establish that the complainant consented to the act, this can rule out a necessary element of the offense. Record, past relationships, communications (calls, emails), and witness statements are most crucial to prove this criminal defense.
Statute of Limitations
At times, the criminal defense lawyer can plead that the prosecution filed the charges after the statutory time period, as prescribed by the statute of limitations of Missouri. Although serious offenses like murder have no time limit, most misdemeanors and felonies do. If the criminal defense holds water, the case can be dismissed entirely regardless of the evidence.
Reducing Charges and Plea Bargaining
Not so much a defense strategy in itself, plea bargaining is a significant factor in Missouri criminal cases. A savvy attorney may negotiate with prosecutors on behalf of clients to:
- Reduce charges (e.g., a felony to a misdemeanor)
- Provide reduced sentences
- Dismiss selected counts for a plea of guilty
It is especially useful if the prosecution case against the prosecutor is strong and acquittal unlikely.
Lack of Intent or Intoxication
There are certain crimes which require specific intent, i.e., intentional murder or larceny. If the defendant was intoxicated — voluntarily or involuntarily — it might negate his ability to intend. Missouri courts will use this in determining culpability, specifically to downgrade a charge from intentional to reckless conduct.
Final Thoughts: Selecting the Right Approach
No two cases of Missouri criminals are ever exactly the same. A successful criminal defense strategy depends upon:
- The severity of the charge
- Available evidence
- Defendant’s background
- Prosecution strength and weaknesses
A good Missouri criminal defense attorney will thoroughly scan all the dynamics of a case before choosing and adapting the best method.
Key Takeaways
- The constitutional protections are preserved through the Missouri courts, and prosecutors have to demonstrate a heavy burden.
- Self-defense strategies, alibi, lack of evidence, and illegal search have enormous impacts on a case.
- Entanglement laws, misidentification, and insanity must be handled with special care.
- The best criminal defense strategy is tailor-made and sensitive to the specificities of every case.
If you, your relative, or your friend have been accused of a crime in Missouri, then contact a learned criminal defense attorney at once. The proper tactic may be the only thing that keeps you free or gets released.
