Defenses

What Are My Legal Defenses?

Legal StrategyNo two cases are the same. No two clients come into a criminal case with the same fact pattern. Criminal defense cases in Monterey County, are like snowflakes; no two are the same. There are several ways that a defendant might explain how the criminal conduct occurred or how it appears to have occurred. There are several defenses that most people often take.

Confession:

Defendants who tell their lawyers confession stories admit that they did what the prosecution claims: “Yes, I did break into the house through a window and steal the stereo.”

Complete denial:

Defendants who tell their lawyers complete denial stories assert that the prosecution’s claims are totally false. An “alibi” is a familiar type of complete denial story: “I was in San Francisco when the house was robbed. I have no idea what they’re talking about.”

Admit and Explain:


Strategy MeetingThis story falls between the “confession” and “complete denial” stories. Defendants who tell, “admit and explain” stories agree that part of the Prosecution’s claims are accurate, but assert legally critical differences: “I did go into the house and take the money, but I went in through the front door with a key after the person who lived there gave me permission to borrow the money.”

No matter which approach is taken this is the ground from which the defense strategy will grow. The defense strategy must also take into account factors such as the reliability of defense and prosecution witnesses, community attitudes towards the crime and the police, and the defendant’s “moral culpability.” All of these factors will be used to develop the defense “theory of the case” that is consistent with provable facts and explains events in a way that favors the defense.

Monterey County Criminal AttorneyNo matter which category your case falls into you need an experienced criminal defense attorney who will be able to explain the different options available in your particular case. Your criminal defense professional should be familiar with the practice and polices of the Monterey County Superior Court. Out-of-town criminal attorneys do not know the local lay of the land and often spend much of their time getting used to the way things work in Monterey County criminal courts, while the local attorneys are able to spend their valuable time working with the District Attorney on the legalities of your criminal case, as these local lawyers work with the same District Attorneys almost every day. You do not want to be an out-of-town attorney’s learning curve.

To find out more about your criminal defense matter in Monterey County, please visit