Winning Criminal Cases
It is important to remember that no attorney can honestly promise you that they will win your criminal case. However, with hard work and understanding of the law and how the system operates, it is possible to win a case or get a good result at the minimum. That is why it is so vital to hire an experienced criminal attorney.
Simply put, to obtain a conviction, the prosecution must prove that the defendant committed every element of the crime. A simple example is an OWI/DWI case. The prosecution must prove the operation of the vehicle, as well as the defendant’s condition at the time of operation.
An example of this is when the police come to the scene of a one car accident. The presumed driver is sitting on the ground drinking whiskey from a bottle. If the driver just keeps his mouth shut and does not admit to anything, this case should not result in a conviction. This is because the police cannot prove the operation or the defendant’s condition at the time of operation. In case you are wondering, these are the facts of a case I handled several years ago.
The same situation exists in all criminal cases. To get a conviction, the prosecutor must prove every essential element of a crime.