If you have been charged with a criminal offense in Oklahoma, the prosecution must establish beyond a reasonable doubt that you committed the offense before you can be convicted. The facts of the alleged offense are critical in deciding the outcome of your case. The following will review seven of the facts that most often influence the outcome of a criminal case.
Your Location at the Time of the Offense
One of the best ways to respond to a criminal offense is to present compelling evidence that you were not at the location at the time the offense occurred. While it might be difficult to do, this is one of the most powerful ways to challenge a criminal charge.
Who Else Was Present at the Time of the Offense?
If someone was with you at the time the offense occurred and can provide testimony about your location, this can provide a great deal of weight in arguing that you did not commit the offense.
If any witnesses can identify the person who committed the crime, this can bolster a defense if you do not match the witness’s memory. If you believe that any witnesses saw the alleged offense occur, it is often critical to tell your lawyer about this witness.
Whether the Arresting Officer Had a Warrant
Even though warrants are not required in all situations, there is a presumption that warrants are generally required to perform a search. If you were arrested or searched by police officers without a valid warrant, there might be strong grounds on which to challenge law enforcement’s activity.
Whether You Were Read Your Miranda Rights
Those of us who have seen any police procedural are familiar with Miranda rights, which are required to be given to a suspect before interrogation. If law enforcement failed to read you your Miranda rights and you later said something incriminating, there is the possibility that your words can be found inadmissible.
Whether the Prosecution Has Credible Witnesses
If the prosecution plans to use witness testimony against you, one of the best defenses is to challenge the reliability of this testimony. There are several methods that lawyers can use to question a witness’s credibility.
How the Government Has Handled Evidence
To preserve the reliability of evidence, both sides must establish a clear chain of custody as well as guard the evidence from potential tampering. If a party cannot conclusively establish that the evidence is in its original state, there is a strong argument that the evidence should be ruled inadmissible and not used during a trial.
Speak with an Experienced Criminal Defense Lawyer
Being convicted of a criminal offense in Oklahoma results in many serious complications that can have lasting repercussions on a person’s life. If you need the assistance of an experienced criminal defense attorney, do not hesitate to contact Tracy Tiernan, attorney at law, today to schedule a free case evaluation.