It is extremely rare for a criminal charge to be cut and dry. In almost all cases, there is complexity involved. While everyone should have a right to be presumed innocent until they have been proven guilty, the reality is that without the right criminal defense attorney this is not always the reality.
When you work with an experienced attorney such as Law Office of Michael L. Fell, you can count on us to fight for your rights. We will consider the evidence and the charges against you to find the best possible defense strategy. Some of the most common and best defense strategies follow. If you have been arrested and need an attorney who will fight tirelessly for your rights then you need to call us now at (949) 585-9055 for a free legal consultation.
- You are innocent
- Your rights were not upheld
- You were defending yourself
- You were entrapped
Regardless of how it may feel, you do not actually have to prove that you are innocent. Instead, it is up to the prosecutor to prove that you are guilty. If there is reasonable doubt at any point of their case, then we can fight to show that it results in their case not being proved. If they cannot prove that you are, without a doubt, guilty of a crime, then you are factually and legally innocent. This can be one of the strongest defense options and when successful, results in the least significant consequences.
Police, detectives, and prosecutors have to follow very strict rules when investigating you, arresting you, questioning you, and trying you for a crime. If they do not follow these rules to the letter then we can bring this to the attention of the court. If the judge agrees that your rights were not respected then we can move to have any evidence obtained from an unlawful act dismissed. This may be enough to destroy the case of the prosecution and get the charges dropped.
If you are accused of a violent crime then it may be that you did the act in question but that you did so to defend yourself. This is not uncommon in domestic violence charges. When one spouse or partner is violent, the other may defend themselves with violence. In California, it is legal to use whatever amount of force is necessary to protect yourself. We may be able to show that your actions were appropriate for the circumstances you were facing.
Entrapment refers to a situation in which an undercover police officer tricks a person into doing something they would not have otherwise done. They then arrest the person for doing the action that they coerced the person into doing in the first place. If this can be proven, then the result is likely either a significant reduction in charges or an acquittal altogether.