Rogersville Criminal Defense Lawyer

Rogersville Criminal Defense Attorney

It’s an uncomfortable moment to realize you have been accused of criminal activity. In these instances, you will need to defend yourself in court to avoid facing penalties. Hiring a Rogersville criminal defense lawyer can help to guide you through the legal process, ensure your rights are protected, and give you the opportunity for a positive outcome.

At Brad Phillip Law, our team has spent years executing legal defense strategies for clients who have been accused of criminal activity in Rogersville. We have seen firsthand the emotional implications these cases can have on a client and their extended family. It’s why we take the time necessary to understand our client’s version of what happened and collect evidence to support their claims in court.

Common Defense Strategies to Protect the Accused in Rogersville

Because there are so many different crimes an individual can be accused of, it leaves just as many defense strategy options on the table to consider. This is why an initial consultation with an attorney is so valuable, as they will take this time to review the details of your case and share what approach they believe would be the most beneficial before you decide to hire them.

Some of the most common defense strategies that can help to reduce or dismiss your charges include:

Challenging the Prosecution’s Evidence

The first area a defense attorney will explore is what evidence the prosecution plans to use to make their case in court. In many instances, this will require your attorney to highlight inconsistencies in their witnesses’ testimony or demonstrate a procedural error made on their behalf during evidence collection. If successful, your attorney will be able to have certain pieces of evidence dismissed, which could completely dismantle their entire argument.

Leverage Alibis

An alibi is a form of witness that is able to testify to an individual’s whereabouts during the time of the crime. This can help combat allegations that a defendant was at the scene of the crime and engaged in criminal behavior. In addition to an alibi’s testimonial, security footage or time-stamped receipts can support their claim to prove it could not be possible for you to have committed the crime.

Claim Self-Defense

Sometimes, a defendant is accused of criminal behavior that they consider to have been an act of self-defense. This could happen when the defendant believes if they didn’t intervene, they would have experienced severe personal harm or death. To win with a self-defense argument, the court needs to believe beyond a reasonable doubt that this threat was real and that your actions were justified.

Take an Insanity Defense

In some instances, using an insanity defense could be successful if the defendant suffers from mental health conditions so severe that it impairs their ability to understand what they did and the implications it could have. If the client has been diagnosed with mental health issues in the past, documents of this will help. The defendant should also undergo new psychiatric evaluations to prove the condition still exists and was a factor at play during the alleged incident.

Mistaken Identity

Sometimes, a case is as simple as the defendant was not correctly identified as the perpetrator. This can happen for a number of reasons, such as unreliable witness testimonies, surveillance footage that is unclear, or someone who was accused by accident. To combat mistaken identity claims, a defense attorney in Rogersville will need to present more compelling evidence, such as forensic data like DNA, to prove without doubt that their client did not commit the crime.

Entrapment

It is illegal for law enforcement in Tennessee to set up a scenario that entices someone to commit a crime that they otherwise would not have done. For example, a police officer who continues to pressure someone to buy illegal drugs after they declined several times. To prove entrapment was a factor in the case, a lawyer will need to show how their client was coerced into the illegal activity, such as reviewing body camera footage or hearing what other witnesses observed.

FAQs

What Questions Would a Defense Attorney Ask?

Defense attorneys will ask many different questions to understand their clients’ cases and help them build a strong defense strategy. They will start by asking about the incident’s date, time, location, and who was present at the scene. Additionally, they will want to understand their client’s background to see if they have any past criminal behavior they should be aware of that the prosecution may try to leverage for their benefit.

How Much Does a Criminal Defense Lawyer Cost in AL?

The complexity of the case and the years of experience an attorney has are two major roles that play into the cost of a defense lawyer. Where the attorney practices also will influence cost, as attorneys who live closer to a city will often charge more of a premium than their counterparts in rural areas. Defense lawyers also have different payment structures. Some may charge by the hour while others could charge a flat fee per service.

What if a Defense Lawyer Knows Their Client Is Guilty?

Even if a defense attorney knows their client is guilty, they are still bound to provide a legal defense that is as robust as possible. This is because everyone in the U.S. is entitled to legal representation. It would be a violation of that defendant’s rights if an attorney purposely tried to sabotage the case. When an attorney feels their client is guilty, they will spend more time looking to see if the prosecution engaged in any procedural errors to try and dismiss evidence.

Why Might a Defense Attorney Ask for a Motion to Dismiss?

Defense attorneys might officially file to dismiss a case if they believe there are legal grounds that invalidate the charges their client is facing. For example, a lack of compelling evidence, committing procedural violations, or violating constitutional rights are all valid reasons to try and file a motion to dismiss the case.

Contact The Law Office of Brad Phillips, LLC Today

If you are facing criminal charges in Rogersville and are looking to secure a defense attorney, contact The Law Office of Brad Phillips, LLC today. We would be honored to learn more about your case and work together to create a strong defense that can help reduce or dismiss the charges you face.