You have a lot of decisions to make in your criminal defense. Amongst them is whether to accept a plea deal, which, while leading to conviction, could spare you from the harshest penalties. But you don’t want to agree to a conviction if you can avoid it. That’s why before engaging in plea negotiations you have to understand the evidence at hand and the overall strength of the prosecution’s case. If the prosecution’s case is strong, then a plea deal may be something worth considering. If it’s weak, though, then you’ll know you have room to maneuver for a more favorable outcome.
But how can you tell if the prosecution’s case is weak? It can be tricky to decipher, but there are some telltale signs that the prosecution has some doubts as to the strength of its case. Let’s look at some of them here so that you know how best to navigate your criminal defense.
Signs that the prosecution’s case is weak
If you stay on your toes and critically analyze the facts and circumstances of your case, you might be able to spot signs of weakness in the prosecution’s case. This gives you leverage as you build your criminal defense, and if you push hard enough, they could lead to dismissed charges or an acquittal. So, here’s what you need to look for in your case:
- Aggressive pursuit of a plea deal: Sure, the prosecution is going to try to convince you to enter a plea deal so that they can obtain a conviction and clear their case more quickly, but if the prosecution continues to hound you about an agreement, then they might be doing so because they’re afraid that their case will fail at trial. Use their desperation to your advantage.
- Evidentiary issues: The prosecution might act like they have strong evidence of your guilt, but if there are legitimate evidentiary issues, then they know they’re going to be backpedaling going into trial. So, if you were subjected to an illegal search and seizure, you weren’t read your rights prior to custodial interrogation or the evidence at hand was subjected to collection or testing errors, then you’re in a strong position to attack the prosecution’s case.
- Lack of witness credibility: Many cases are built on prosecution witnesses. But if you can point out issues with the reliability of their testimony or their overall credibility, then you can diminish the value of their testimony and thus the strength of the prosecution’s case. So, be sure to analyze whether the prosecution’s witnesses have given inconsistent statements, been convicted of a crime involving dishonesty or have a motivation to testify against you.
- Difficulties showing motive: To obtain a conviction, prosecution doesn’t necessarily have to prove motive, but motive can go a long way toward proving intent, which may be an element of the charged offense. So, if the prosecution is struggling to show motive in your case, then their ability to obtain a conviction may be faltering.
Use the prosecution’s weaknesses to your advantage
The prosecution often makes mistakes. But it’s up to you to point them out to the judge and jury in your case. If you don’t, then you could end up missing an opportunity to aggressively fight back, avoid conviction and protect your future. So, if you want to know how to spot prosecutorial weaknesses in your case and figure out the best way to use them to your advantage, then now is the time to discuss your unique circumstances with your criminal defense attorney.